Overview » Has successfully litigated and tried complex commercial/contractual disputes to juries, courts and arbitrators in more than 45 different federal and state courts throughout the United States » Recognized by Minnesota Law and Politics as one of the top business litigators for the last seven years » Member of Oppenheimer's Policy Committee and former Chair of the Business Litigation Group Representative Litigation Experience » Represented Prime Therapeutics, Inc., a pharmacy benefits manager, in a class action brought by several pharmacies for breach of contract, and successfully compelled arbitration of the class action » Represented a health insurer in four separate arbitrations against its HMO reinsurer, two of which were tried to three-person arbitration panels resulting in the recovery of more than $15 million » Successfully represented ACN Group, Inc. in opposing a preliminary injunction sought by Chiropractic Care of Minnesota, a network of chiropractors, based upon a non-compete provision » Obtained summary judgment on behalf of KLA-Tencor Corporation in an insurance coverage dispute in which KLA-Tencor sought coverage for the defense of a patent infringement lawsuit » Represented ev3 Inc., a medical device manufacture, in a lawsuit by former shareholders of a company acquired by ev3 in which former shareholders are seeking to recover earn out payments of more than $100 million Representative Commercial Contracts Litigation » Represented Prime Therapeutics, Inc., a pharmacy benefits manager, in a class action brought by several pharmacies for breach of contract, and successfully compelled arbitration of the class action » Represented ev3 Inc., a medical device manufacturer, in a multi-million dollar dispute with Bard International, Inc. regarding several international distribution contracts » Represented FoxHollow Technologies Inc., a medical device manufacturer, in a dispute with Scion Cardio-Vascular regarding a joint venture agreement to co-develop a medical device » Represented Wells' Dairy, Inc. in a $37 million claim against Dreyer's Grand Ice Cream, Inc., concerning the alleged breach of a multi-year production contract » Represented a New York manufacturer, Parfuse Corporation, in a multi-million dollar UCC claim brought by Mid-Continent Engineering regarding alleged defective components parts that were installed in submarines Representative Insurance Litigation » Represented UnitedHealth Group Incorporated against numerous managed care liability insurers seeking coverage for an underlying claim of more than $200 million » Represented KLA-Tencor Corporation in a series of insurance coverage lawsuits in which KLA-Tencor sought coverage for the defense of patent infringement lawsuits » Represented health insurer in four separate arbitrations against its reinsurers, three of which were tried to three-person arbitration panels resulting in the recovery in excess of $15MM » Represented Lutheran Brotherhood/Thrivent Financial in coverage litigation against liability insurers concerning vanishing premium class actions » Represented Northland Insurance Company in a multi-million dollar breach of contract claim brought by one of its general agents » Represented Prudential Insurance Company in a lawsuit brought by individuals who were allegedly defrauded by a Prudential agent » Represented National Benefit Managers, Inc., a managing general underwriter, in a lawsuit against several reinsurers regarding medical stop loss coverage Representative ERISA Litigation » Represented Select Comfort Corporation in a dispute with MetLife, Inc. regarding its refusal to transfer certain plan funds to a new service provider, and obtained a preliminary injunction requiring MetLife to transfer the plan funds » Represented M Life Insurance Company and M Financial Holdings, Inc. in a dispute with Medtronic, Inc. regarding the sale of group life insurance policies » Represented Federated Mutual Insurance Company in an ERISA preemption dispute Representative Litigation Regarding the Acquisition of Businesses » Represented ev3 Inc. in a lawsuit by former shareholders of a company acquired by ev3 in which former shareholders alleged that more than $100 million of milestone payments were owed » Represented company pursuing the collection of liquidated damages under a liquidated damages provision contained in a letter of understanding when the company to be acquired backed out of the acquisition negotiations » Represented a venture capital company in a dispute regarding the sale of a company held by the venture capital company, in which the acquiring company alleged that certain misrepresentations were made in the disclosures contained in the asset purchase agreement » Represented the purchaser of an overseas distilled products business in an arbitration against the seller regarding defective finished and unfinished inventory Representative Unfair Competition/Trade Secret/Non-Compete Litigation » Represented ev3 Inc. in lawsuit against Cardiovascular Systems, Inc., and several former employees involving alleged trade secrets and non-solicitation violations » Represented ACN Group in a lawsuit by a network of chiropractors seeking to enforce a non-compete provision and successfully defeated a motion for a preliminary injunction » Represented large printing company in a dispute with one of its executives who, following his termination, engaged in conduct that violated his non-compete agreement » Represented a former employee who formed a joint venture with a Fortune 100 company to manufacture and export distilled products and who was sued in arbitration by his former employer for alleged unfair competition and trade secret violations » Represented insurance company who along with its broker was sued by a competing broker alleging claims of unfair competition and defamation Recognition Minnesota Law & Politics » "Super Lawyer" » Business Litigation » 2005-2011 Associations & Committees Federal Bar Association Appointed to the Federal Practice Committee by Honorable James M. Rosenbaum, Chief Judge of the United States District Court for the District of Minnesota Publications & Presentations "Verdicts, Post-Trial Procedures, and Motions," (May 17, 2011 Minnesota CLE) "Tortious Interference with Contract or Prospective Contractual Relations" (June 16, 2011, Minnesota CLE) "Tortious Interference," Minnesota Business Torts Deskbook (2008) "Making an Impact on Final Outcome," Insurance Dispute Resolution Proceedings(Aspatore Books 2007) "Class Arbitrations and Constitutionality/Enforceability of Limiting Provisions in Arbitration Clauses" (May 24, 2007 Minnesota CLE Webcast) "The Basics of Civil Litigation-How to Get Your Evidence In and Keep the Other Side's Out" (July 20, 2007 and July 17, 2008 Minnesota CLE) Courts in Which Admitted or Appeared U.S. Court of Appeals Third Circuit, Fourth Circuit, Eighth Circuit and Tenth Circuit United States District Court Northern District of Alabama, Southern District of Alabama, Central District of California, Northern District of California, Southern District of California, District of Columbia, District of Connecticut, Middle District of Florida, Southern District of Florida, Eastern District of Illinois, Northern District of Illinois, Southern District of Illinois, Southern District of Indiana, Northern District of Iowa, Southern District of Iowa, District of Maine, Eastern District of Michigan, District of Minnesota, Western District of Missouri, District of New Jersey, District of New Mexico, District of North Dakota, District of Nebraska, District of Nevada, Eastern District of New York, Southern District of New York, Middle District of North Carolina, Western District of North Carolina, Northern District of Ohio, Eastern District of Pennsylvania, Western District of Pennsylvania, the District of South Carolina, Northern District of Texas, District of Vermont, Eastern District of Virginia, and Western District of Washington State Courts Alabama, Delaware, Illinois, Indiana, Iowa, Kentucky, Minnesota, South Dakota, Washington and Wisconsin |