Kirk Schuler

Kirk has resolved a wide variety of disputes with well over a decade of experience as a current private practitioner and former federal prosecutor. But the variety of cases, including the more recent matters listed below, is always balanced with one trait that is constant: great advocacy for his clients.

• Business Disputes, including commercial litigation of a wide-range of business disputes involving claims of breach of contract, misrepresentation, fraud, negligence, strict liability, unlawful discrimination, breach of fiduciary duty, products liability, wrongful death, intellectual property rights, and much more.
• Noncompete Enforcement, including cease and desist letters and an injunction to prevent client’s former employee from working for its competitor.
• Employment Discrimination Litigation, including complete summary judgment in favor of an employer for defense of FLMA and Iowa worker compensation claims, and defense of employers before the Equal Employment Opportunity Commission.
• Trust and Estate Litigation, including litigation and favorable settlement of a dispute between beneficiaries of an estate and trust involving claims of legal malpractice and breach of fiduciary duties against the trustee, executors, and their attorneys.
• Elder Abuse Litigation, involving the prosecution of claims for violating the rights of elder Iowans under Iowa Code Chapter 235F.
• Iowa Consumer Fraud Act, including claims of deceptive marketing practices.
• Unfair Advertising Claims, including the prosecution of Federal Trade Commission violations for unlawful comparison advertisements. 
• Landlord-Tenant Disputes, including the settlement and resolution of tenant’s hunting rights on rented land.
• City and County Disputes, including the representation of a city in defense of its water rights and a county in defense of its right to issue general obligation bonds and use tax exempt financing to support urban renewal areas.
• Creditors Rights/Collection, including the collection of debts and foreclosure of real estate.
• Insurance Interpleader, including litigation between putative beneficiaries to life insurance proceeds.
• Products Liability Litigation, including the complete dismissal of a products liability action in favor of client.
• Proposition 65 Litigation & Compliance, including the defense and settlement of “bounty hunter” claims favorable to a manufacturer and distributor of products into California, and crafting company compliance programs to conform to Proposition 65 regulations.
• Trademark Infringement, including the prosecution of claims under the Anti-cybersquating Consumer Protection Act (“ACPA”) and the crafting of a permanent injunction related to trademark rights favorable to client.
• Shareholder Disputes, including the dismissal of a shareholder derivative rights action.
• Public Records Requests, including the demand for documents on behalf of clients under various state sunshine laws. 
• Bid Protests of Government Contracts, including the filing of protests and the defense of awarded contracts.
• PREA Investigations & Defense, including the defense of an employee facing allegations of Prison Rape Elimination Act violations under Iowa law.
• Criminal Law, representing defendants in all aspects of criminal proceedings through initial hearings post-arrest, plea negotiations, pre-trial motions and hearings, trial, sentencings, appeals, post-conviction relief, and revocations of supervised release; also including dismissal and expungement of criminal assault charges in Iowa state court, and CJA appointments representing indigent defendants in federal court for drug, gun, and financial crimes.
• Government Investigations/White Collar, including representation of qui tam plaintiffs and defense of companies accused of false claims and antitrust violations, coordinating internal investigations, and counseling clients in responding to civil investigative demands and civil and criminal subpoenas.
• Alternative Dispute Resolution, including international and domestic arbitrations before the American Arbitration Association and its international division, the International Centre for Dispute Resolution, and the confirmation of arbitration awards. 
• Trial & Appellate Experience involving the prosecution of myriad cases to resolution in federal and state courts, including over ten federal jury and bench trials as lead counsel before U.S. District Courts in Iowa, Illinois, and the Northern Mariana Islands, as well as several appeals in the U.S. Courts of Appeals for the Seventh, Eighth, and Ninth Circuits, and representing clients in proceedings for writ of certiorari in the United States Supreme Court.