HOWARD L. BOLTER
United States Supreme Court –Argued states rights case (2001)
Labor & Employment Law Specialist Certification – Committee member; established specialist certification framework for MN practitioners (2009 - 2011); board member to 2016.
Established two Pro Bono programs for the MSBA Labor and Employment Section in conjunction with Volunteer Lawyers Network and the Minnesota State Law Library.
CURRENT LEGAL EXPERIENCE
BOLTER LAW, LLC, President/owner (July 2014-present)
Continuation of well-established employment law practice in all areas of employment law, including ERISA related claims.
FISHMAN, CARP, BESCHEINEN, BOLTER & VAN BERKOM, LTD., Shareholder (July 1997-July 2014)
• Hired to establish employment and labor practice
• Areas of practice:
- State and federal litigation and jury trial experience in employment and ERISA areas
- Administrative practice: MN Department of Human Rights, Equal Employment Opportunity Commission, reemployment insurance hearings
- Mediations on behalf of employees and employers
- Appellate practice: MN Court of Appeals, MN Supreme Court, 8th Circuit Court of Appeals and US Supreme Court
- Additional areas of practice include: contract and commercial disputes, medical malpractice and personal injury cases
• Notable cases:
- Raygor v. University of Minnesota, 534 U.S. 533 (2002) - Successfully petitioned United States Supreme Court to review Minnesota Supreme Court decision on states’ rights. Case argued before United States Supreme Court which clarified application of supplemental jurisdiction to state entity under the 11th Amendment.
- Raygor v. University of Minnesota, 604 N.W.2d 128 (Minn. App. 2000) and Regents of University of Minnesota v. Raygor, 620 N.W.2d 680 (Minn. 2001) - Cases of first impression leading to the United States Supreme Court decision.
- Wayne v. Mastershield, 597 N.W.2d 917 (Minn. App. 1999) - Case of first impression in which Court of Appeals held real property provision of Minnesota Human Rights Act (MHRA) does not protect tenants' guests, and apartment complex is not “public accommodation” within meaning of MHRA.
- Bean v. Greater Minnesota Federal Credit Union, 2010 WL 1029581, (Minn. App., March 23, 2010); and McCutchan v. Sylvan Learning Systems, Inc., 2000 WL 272010 (Minn. App., March 14, 2000) - Obtained rare and difficult reversals of unemployment decisions on behalf of two employees.
- Engfer v. General Dynamics, 869 NW2d 295 (Minn. 2015) Howard secured a victory in the Minnesota Supreme Court preserving client’s benefits based on first impression argument for ERISA preemption of particular unemployment compensation laws.
TRAINED MEDIATOR (2004-present)
• Conducted numerous private mediations and mediations on behalf of the Minnesota Department of Human Rights and the Equal Employment Opportunity Commission.
LEGAL COMMUNITY AND PRO BONO ACTIVITIES
MN BOARD OF LEGAL CERTIFICATION – MN Supreme Court appointment (January 2011 – 2014); Re-appointment (January 2014-2017)
• Labor and Employment Committee-Chair
• Real Estate Committee-Member
MSBA EMPLOYMENT LAW INSTITUTE – planning committee member; frequent presenter (annually since 2000); approximately 1500 attendees annually
CHRYSALIS/TUBMAN CENTER FOR WOMEN - Employment law clinic (2006 – 2010); formal program ended but continue to provide ad hoc pro bono service.
MN DEPARTMENT OF HUMAN RIGHTS – Volunteer mediator (2003 – present)
US EQUAL OPPORTUNITY COMMISSION – Volunteer mediator (2003 – present)
FREQUENT PRESENTER FOR MSBA/OTHER CLE ORGANIZATIONS – over 25 presentations in areas of: civil litigation (chair), ethics, appellate practice, punitive damages, human resources, educational discrimination, all aspects of employment law, and cyber-discovery (1998 - present)
VOLUNTEER LAWYERS NETWORK – Volunteer attorney (1994 – present)
STUDENT MENTORING – University of St. Thomas, Law School (2006 – 2015)
MAP FOR NON-PROFITS – Volunteer employment attorney for non-profit businesses (2005 – present)
COMMUNITY VOLUNTEER ACTIVITIES
WALK-IN COUNSELING CENTER – Board member (May 2009 – 2015); provides free psychological counseling; Development Committee (2012-13); Executive Committee (2013-15)
LAWYERS CONCERNED FOR LAWYERS – Board member (July 2013—present): Current chair elect; executive committee; past secretary; Provides counseling services to the legal community
MSBA HIGH SCHOOL MOCK TRIAL PROGRAM – Judge (2010 – present)
EDINA LACROSSE ASSOCIATION – Board member (2007 – 2009)
VOLUNTEER COACHING – Edina coach for baseball, softball and basketball (1999 – 2006)
AWARDS AND CERTIFICATIONS
LABOR AND EMPLOYMENT LAW SPECIALIST, CERTIFIED BY MN STATE BAR ASSOCIATION (2010 – present)
KARLA WAHL DEDICATED ADVOCACY AWARD - presented by MN Chapter of National Employment Lawyers Association (2002)
HON. MICHAEL J. DAVIS PRO BONO AWARD- presented by MSBA Labor and Employment Law Section (2015)
RISING STAR AND SUPER LAWYER, Law & Politics (Rising Star 2001; Super Lawyer annually 2002 – 2018)
• Blue Ribbon Selection Panel member (2011)
MARTINDALE HUBBELL - A/V rating
DISCIPLINE AND DISCHARGE HANDBOOK - Co-Author, MN CLE (2010)
JOB APPLICANT SCREENING-Co-Author, MN CLE (2014)
INTERNAL EMPLOYMENT INVESTIGATIONS- Author, MN CLE (2015)
MN STATE BAR ASSOCIATION
• Governing Council – Labor and Employment Law Section (2011 – 2014)
Chair (2013-2014) Ex Officio Pro Bono Program (2014-2015)
• Labor & Employment Specialization Certification Committee (2009 – 2011)
• Labor & Employment Certification Board (2011 - 2016)
• Board of Governors - Delegate (1998 –1999)
• Member (1988 – present)
NATIONAL EMPLOYMENT LAWYERS ASSOCIATION, MN Chapter
• Secretary and Treasurer (1996 – 1997); Board Member (1995 – 1996); Member (1994 – present)
HENNEPIN COUNTY BAR ASSOCIATION – Labor and Employment Section
• Chair (1998 – 1999)
• Member (1994 – present), Program Chair (1996 – 1997), Vice Chair (1997 - 1998)
WILLIAM MITCHELL COLLEGE OF LAW, J.D. (May 1988)
UNIVERSITY OF WISCONSIN, Madison, B.A. Political Science (May 1985)