Experience

 

Complex Commercial Litigation

Represented a major U.S. television company in a federal court lawsuit against a Chinese manufacturer in a case involving breach of contract, tortious interference, and antitrust claims, and over $200 million in damages.

 

Disability Rights

Represented a group of individuals with disabilities, in partnership with Mid-Minnesota Legal Aid’s Disability Law Center, in a federal court class action lawsuit alleging that their rights under the Americans with Disabilities Act (ADA) and the Constitution have been violated because they have been denied the opportunity to live in the most integrated setting of their own choice in the community. Successfully defeated a motion to dismiss and achieved class certification. Obtained summary judgment in favor of plaintiffs on due process claim, and defeated defendant’s motion for summary judgment on other claims.

 

Professional Malpractice

Represented landowner in a significant property rights dispute arising from surveyor malpractice. Achieved a substantial settlement in pre-suit mediation.

 

Business Dispute – Breach of Contract Litigation

Successfully represented minority-owner of limited liability company in breach of contract dispute over the sale of his ownership interest in a matter involving complex accounting issues.

 

Consumer Fraud

Obtained a complete dismissal of two separate federal court lawsuits and a state court lawsuit brought against a national retail company that alleged consumer fraud and aiding and abetting claims and sought over $100 million in damages.

 

Representation of Former Employees and Lenders in Petters Case

Represented former employees of Polaroid Corporation and other Petters-related companies and lenders to Petters entities in twenty-six separate proceedings arising out of the $3.65 billion fraud orchestrated by Tom Petters. Achieved favorable settlements for all former employee clients and all lender clients.

 

RFC Litigation

Successfully represented defendants in Residential Funding Company and ResCap Liquidating Trust lawsuit alleging over $40 million in claims concerning the sale of mortgage loans. Achieved highly favorable settlement of claims.

 

Partnership Business Dispute

Successfully represented minority partners in a large agricultural partnership, achieving favorable buy-out of partnership interests and overcoming hurdles presented by partnership agreement.

 

Intellectual Property Litigation

Successfully represented Luminara Worldwide, LLC, the exclusive licensee from Disney of technology related to artificial flickering flame candles in patent infringement litigation, achieving favorable settlement. Luminara v. Liown (D. Minn.).

 

Americans with Disabilities Act Case

Obtained readmission to an Ivy League university for a student who had been forced to withdraw by the school for alleged mental health reasons in a case involving significant civil rights issues and issues under the Americans with Disabilities Act.

 

Accounting Malpractice

Trial counsel for hotel entrepreneur in confidential AAA arbitration against "Big Four" accounting firm. Case settled favorably for client during arbitration.

 

 FTC Matter

Successfully represented and advised electronics manufacturer facing FTC complaint concerning "Made in USA" standards. Resolved complaint without formal agency action.

 

Unfair competition

Represented major retail company in dispute with online retailer concerning unfair competition and predatory pricing.

 

Shareholder Oppression in Family Business

Represented a minority shareholder in a breach of fiduciary duty and shareholder oppression case involving a Wisconsin family business engaged in highway construction services.

 

Construction Litigation

Successfully represented FedEx Freight in construction-related litigation concerning its office and warehouse facility in Roseville, Minnesota.

Nucor Building Systems v. FedEx Freight, Inc., et al., (Ramsey Cty. Dist. Ct.).

 

Family Business Dispute

Obtained a temporary injunction preventing the squeeze-out of a minority shareholder and successfully litigated ownership and governance issues in  the  family business,  eventually resulting in a negotiated buy-out. Kroll v. Kroll, (Henn. Cty. Dist. Ct.).

 

Successfully Enforced Arbitration Agreement

Successfully argued appeal to Minnesota Court of Appeals, obtaining a decision enforcing an arbitration agreement that reversed the district court. Revestors Group 1, LLC, v. Severson, et al., 2009 WL 438269 (Minn. Ct. App.).

 

Close Corporation Dispute

Successfully represented a fifty-percent owner of a close corporation, obtained a temporary injunction preventing his improper removal from the business and then litigated ownership and breach of fiduciary duty issues resulting in a resolution allowing him to purchase the business. Sandvik v. Slattery, et al., (Henn. Cty. Dist. Ct.).

 

Minority Shareholder-Employee Rights Win

Obtained a temporary injunction preserving the employment of a minority shareholder-employee, and successfully argued appeal, resulting in a seminal decision by the Minnesota Court of Appeals concerning minority shareholder-employee rights. Haley v. Forcelle, 669 N.W.2d 48 (Minn. Ct. App. 2003), rev. denied.

 

Indenture Trustee and Bondholder Representation

Represented indenture trustees and bondholders in various cases concerning issuer default and trust indenture interpretation.