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Brian J. Fagan

Brian J. Fagan Managing Partner

Contact Information

(319) 896-4033 (319) 366-1917 bfagan@spmblaw.com Cedar Rapids, IA
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Jenny Fisher

Jenny Fisher

Legal Assistant

(319) 896-4010 jfisher@spmblaw.com

Practice Area

Bar Admissions

  • State of Iowa

Court Admissions

  • US District Courts
    • Northern & Southern Districts of Iowa
    • Northern District of Illinois
  • US Court of Appeals
    • Seventh Circuit
    • Eighth Circuit
    • Ninth Circuit
    • Eleventh Circuit
    • District of Columbia
  • US Supreme Court

Education

  • Drake University Law School, JD, with honors
    • Editor-in-Chief, Drake Law Review
  • Catholic University of America, MA, 1998
    • International Political Economy
  • University of Iowa, BBA, 1994
    •  Business Administration

Clerkship

  • Law Clerk to Judge Michael J. Melloy, United States District Court for the Northern District of Iowa and the United States Court of Appeals for the Eighth Circuit, 2001-2003

Brian Fagan is a litigation attorney with 20 years of experience representing individuals and businesses in matters relating to employment and labor law, business and commercial litigation and trust and estate litigation. Mr. Fagan represents employers in a variety of industries, including health care, utilities, manufacturing, financial services, insurance and transportation. He appears before local, state and federal administrative agencies, and state and federal courts and arbitration panels. Mr. Fagan is the firm's managing partner and also chairs the firm's labor and employment practice group.

Mr. Fagan formerly served as a Law Clerk to Judge Michael J. Melloy for the United States District Court for the Northern District of Iowa and the United States Court of Appeals for the Eighth Circuit. From 2006-2010, he served as Mayor Pro Tem for the City of Cedar Rapids.

Mr. Fagan graduated from the University of Iowa. He worked for Congressman Jim Leach in the district and Washington, D.C. offices and for the U.S. House of Representative Financial Services Committee. Mr. Fagan earned a Master of Arts in International Political Economy from the Catholic University of America. He graduated with honors from Drake University Law School where he was Editor-in-Chief of the Drake Law Review.

Mr. Fagan was listed in Best Lawyers® 2019 "Lawyer of the Year" in Cedar Rapids for Litigation - Labor and Employment, in 2021 for Employment Law - Individuals and in 2022 for Labor Law - Management. Mr. Fagan has been recognized by his peers as an AV Rated attorney with Martindale-Hubbell and is included in the Great Plains Super Lawyers list.

Employment and Labor Law. Mr. Fagan represents and counsels businesses and individuals on employment-related matters, including employment contracts, independent contractor agreements, trade secrets, non-compete and non-solicitation agreements, as well as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act and the Occupational Safety and Health Act (OSHA). He regularly handles traditional labor law arbitrations, including discipline and discharge and contract interpretation grievances. He conducts internal employment investigations and counsels clients facing government investigations on the multitude of statutes and regulations governing the workplace.

Litigation Practice. Mr. Fagan represents and advises individuals and businesses in a broadly varying litigation capacity, including commercial and business litigation, agricultural related litigation and trust and estate litigation. He advises clients as they work toward a negotiated, mediated or litigated result.

Mediation. Mr. Fagan is a Certified Mediator and received his training at Northwestern University and the International Academy of Dispute Resolution in Des Moines, Iowa. He is trained in Collaborative Law.

Professional Honors

  • Included in the Best Lawyers in America® list, 2025
    • Commercial Litigation, Employment Law – Individuals, Employment Law – Management, Labor Law – Management, Litigation - Labor and Employment
  • Included in Great Plains Super Lawyers list, 2018-2024
    • Employment & Labor
  • AV Rating by Martindale-Hubbell®
    • "Experienced lawyer with record of committed public service and responsibility."
      -- Martindale-Hubbell®
  • Included in the Best Lawyers® "Lawyer of the Year" list in Cedar Rapids
    • Labor Law - Management, 2022
    • Employment Law - Individuals, 2021, 2023
    • Litigation - Labor and Employment, 2019

Community Honors

  • The Arc of East Central Iowa’s Professional of the Year, 2017
  • Corridor Business Journal’s Forty Under 40

Professional Memberships

  • Iowa State Bar Association
    • Labor and Employment Law Section
    • Alternative Dispute Resolution Section
    • Government Practice Section
  • Linn County Bar Association
  • Society for Human Resource Management
  • Eastern Iowa Human Resource Association

Community Involvement

  • Mercy Medical Center, Board of Trustees Ethics Committee
  • Brucemore, Former President of the Board of Trustees
  • Arc of East Central Iowa, Former Board Member
  • Cedar Rapids City Council, 2006-2010
  • Linn County I-Club, Former President

Publication

  • Taxation of Electronic Commerce: Avoiding an Inroad upon Federalism, 49 Drake Law Review 465
    (2000-01)

2023 Presentations

  • Severance Agreements and Employer Investigation of Discrimination in the Workplace, Employment Law Risk Management Seminar, 05/12/23

2019 Presentations

  • Difficult Accomodations Issues Under the ADA, North Risk Partners Human Solutions Seminar, 6/4/19
  • Difficult Accomodations Issues Under the ADA, Association of Corporate Counsel Annual CLE, 5/31/19
  • Hot Topics Under the Americans With Disabilities Act, Employment Law Seminar, 1/11/19

2018 Presentations

  • Legal Update, Iowa Tourism Leadership Institute, 4/12/18
  • FMLA Case Studies to Help Guide Employers, Employment Law Seminar, 5/9/18

2017 Presentations

  • Non-Compete / Non-Solicitation Agreements, Employment Law Risk Management Seminar, 11/14/17
  • ADA/FMLA/Case Law Update, Employment Law Update, 5/18/17
  • The Family and Medical Leave Act and the Americans with Disabilities Act, Eastern Iowa Human Resource Association 2/14/17

2016 Presentations

  • Mental Illness in the Workplace, Eastern Iowa Human Resource Association, 9/13/16
  • Navigating the FMLA Part I: Nuts and Bolts, Forms and Practical Tips, Employment Law Update, 4/16
  • FMLA and ADA Implications Related to Employee Mental Health, Occupational Health Symposium, 4/16

2015 Presentations

  • Dealing with Complex FMLA and ADA Issues in the Workplace, Eastern Iowa Human Resources Association, 7/15
  • EEOC and NLRB Actions and Decisions: What is the Impact on Employers? Employment Law Update Seminar
  • A Practical Guide to FMLA and ADA Issues in the Workplace, Employment Law Update Seminar

2014 Presentations

  • Worker Misclassification-State and Federal Perspectives, Association of Corporate Counsel, 4/14
  • Updating Handbooks: Defining the Rules of the Workplace, Employment Law Update Seminar
  • Worker Misclassification – Independent Contractor vs. Employee, Employment Law Update Seminar
  • Record Retention and Personnel Files, Employment Law Update Seminar
  • Hiring and Terminating Employees in the Current Economy, Sterling Education Services, 2/14

2013 Presentations

  • Employment Law Overview, Iowa State Bar Association Bridge the Gap Seminar
  • Managing Personnel Files Through the Discipline and Discharge Process, Employment Law Update Seminar
  • Panel Discussion on FMLA, ADAAA, and GINA Scenarios, Employment Law Update Seminar

Presentations
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