Stephen Schemenauer

Experience

Business and Commercial Litigation

Steve represents clients in a variety of disputes, including: civil Racketeering Influenced and Corrupt Organizations (RICO) claims; Foreign Agent Registration Act (FARA) compliance; judgment enforcement and domestication of foreign judgments (sister-state and international); business torts, Uniform Commercial Code (UCC) disputes, unfair competition, emergency injunctive relief, franchisee/franchisor disputes, shareholder and ownership disputes, tortious interference with contracts, banking and securities litigation (including FINRA arbitrations), foreclosure defense, public utilities litigation, trust and estate litigation, and general contract litigation.

Construction and Real Estate

Steve represents general contractors, subcontractors, developers, owners and property managers in litigation and alternative dispute resolution, including energy service contracts/performance contracts, bid disputes, construction defect claims, payment disputes, mechanic’s liens, termination clauses, delay and disruption disputes, payment and performance bonds, claims and change orders, inspection and rejection criteria, and cardinal change disputes. He also assists clients with transactional work, including contract drafting, review and negotiations. Finally, Steve has defended owners against wrongful turn-over demands in receivership and bankruptcy proceedings.

Employment

Steve represents clients in cases involving allegedly wrongful terminations, confidentiality and non-compete/non-solicitation agreements, ERISA and whistleblower claims, and various sales representative statutes.

Insurance

Steve serves as panel and personal counsel representing insurers and insureds in a variety of litigated disputes involving coverage, indemnification, subrogation, scheduled rating and premium disputes, and defense issues involving all types of commercial insurance policies, including: general liability, professional liability (errors and omissions), wrap up insurance (Owner-Controlled Insurance Programs/Contractor-Controlled Insurance Programs), commercial property, property and business interruption, school and educators legal liability, directors and officers, employment liability, fiduciary liability, workers compensation, aerospace unmanned aircraft and autonomous systems, general aviation liability, aircraft liability, third-party war liability, and cyber.

Government and Regulatory Inquiries, Investigations, and Disputes

Steve provides regulatory compliance consulting and assists clients with responses to governmental and regulatory inquiries and investigations involving the U.S. Department of Justice, Environmental Protection Agency, Occupational Safety and Health Administration, the Health Resources and Services Administration, the Department of Labor and Industry, multiple states’ chiropractic boards, the Minnesota State High School League, and the U.S. Center for SafeSport.

Unmanned Aircraft and Autonomous Vehicles

Steve performs risk mitigation consulting for government defense contractors and private companies and advises on the use of UAS and AV on projects worldwide. He also assists clients in the development of internal corporate policies, practices and procedures regarding the same, and he represents major US-based UAS and UAS-technology manufacturers in business and commercial litigation.

Cybersecurity

Steve helps clients address current and emerging issues, including cybersecurity preparedness, data breach and ransomware incident response, disputes and litigation, regulatory investigations and cyber insurance.

Product Liability

Steve defends clients in a variety of product liability and toxic tort matters and has served as part of a team of statewide counsel for global medical and diversified technology companies in product liability actions involving asbestos and orthopedic products. He has also defended manufacturers in contractual disputes and product liability and product defect claims involving Unmanned Aircraft Systems, storage and holding tanks, and recreational vehicles (ATVs, UTVs, and snowmobiles).

News

Speaking Engagements

"Building Tomorrow: Exploring the Intersection of Artificial Intelligence and Construction Law," Leading Builders of America presentation, 2024

“Constructive Changes: Specifications and Technical Communications for Construction Managers,” University of Minnesota College of Continuing and Professional Studies, Construction and Facility Management Program, 2018

“Building a Solid Foundation for Cybersecurity in the Construction Industry,” SLS Construction Seminar, 2018

"Cybersecurity and Incident Response Plans," presented to Schneider Electric, 2016

"The Most Common Ethical Complaints Against Architects and Engineers," Construction Specifications Institute Annual Showcase, 2015

"Inspection Acceptance and Rejection Criteria," The American Public Works Association Minnesota Chapter's 2015 Underground Utilities Construction Inspector School

"Claims and Change Orders," The American Public Works Association Minnesota Chapter's 2014 Underground Utilities Construction Inspector School

"What's Hot and What's Not in Minnesota Construction Law," Construction Specifications Institute Annual Showcase, 2013, 2014

Publications

"FAA Imposes New Security Requirement for Small Drones, Previews New Regulations for Operations Over People," Stinson's Government Contracting Matters Blog, February 19, 2019

Co-Author, “Chapter 20: Judgment Enforcement,” Minnesota State Bar Association’s Civil Practice Deskbook, 2011-Present

“Using the Rule of Law to Combat the Islamic State”; The Army War College Review, Vol. 2, Number 3, August 2016

Quote, "Laws Add Leverage for Subcontractors," Finance & Commerce, June 2016