Professionals

• Experience
• Activities & Memberships
• Articles & Presentations
• Recognition

Experience

• In March and April 2007, Alain played a major role in representing the defendant in a trade secret misappropriation case where the plaintiff sought $110 million in damages. After a 3 1/2 week jury trial in federal district court, involving over a dozen fact witnesses and five expert witnesses, the jury returned a verdict in favor of Alain's client, finding no liability for trade secret misappropriation.
• In 2006, Alain represented a major local corporation in a significant employment dispute with a terminated employee who misused the employer's confidential information and following termination asserted rights in the employer's intellectual property that the employee had assisted in developing. Alain obtained total vindication for his client, including both temporary injunctive relief and a subsequent five year stipulated injunction prohibiting the employee from competing with the employer. As part of the resolution, the employee also disclaimed any interest in the employer's intellectual property.
• In 2006, Alain also successfully obtained summary judgment on behalf of two shareholders and directors of a corporation whose president had committed financial fraud in a multi-million dollar action by a bank claiming that the shareholders were vicariously liable for the president's fraud. Alain obtained summary judgment from the Hennepin County District Court dismissing the bank's claims against the shareholders.
• Represented Indenture Trustee in 2004-2005 concerning rights of Senior Noteholders to $200 million in assets held by subsidiary guarantors of parent corporation who issued senior debt against claim by subordinated noteholders that they were entitled to share equally in the proceeds at the subsidiary guarnator level.  Obtained favorable ruling from the Delaware bankruptcy court that senior noteholders were senior in all respects to the subordinated noteholders and had full priority to the disputed funds. 
• From 2003 to 2005, Alain served as lead counsel for an indenture trustee prosecuting a $31.5 million securities fraud action against the City of Spokane, culminating in a $3.15 million dollar settlement plus costs and attorneys fees for bondholders. In addition, during 2003 and 2004 Alain was lead counsel for a chemical manufacturer sued by eight of its dealers alleging breach of non compete and intellectual property provisions in the dealer contracts. He successfully obtained summary judgment on behalf of the client. See Auto-Chlor Systems, Inc. v. JohnsonDiversey et al., 328 F.Supp.2d 980 (D. Minn. 2004). Finally, in 2003, Alain successfully obtained summary judgment on behalf of a secured asset lender in a lender liability lawsuit brought by eight California dairy farmers. Weststeyn Dairy v. Eades Commodities Co. et al., 280 F.supp. 1044 (E.D.Cal. 2003).

Cases & Transactions

• Auto-Chlor System of Minnesota, Inc., et al. v. JohnsonDiversey, et al., 328 F.Supp.2d 980 (D. Minn. 2004)
• In re River Park Square Project Bond Litigation, (E.D. Wash. 2004)
• Weststeyn Dairy 2 v. Eades Commodities Co., et al., 280 F.Supp.2d 1044 (E.D. Ca. 2003)
• Eugster v. City of Spokane, 76 P.3d 741 (Wash. Ct. App. 2003)
• Triple Crown Nutrition, Inc. v. W.J. Bartus, Inc., et al., (S.D. Fla. 2002)
• Hogle v. Zinetics, 63 P.3d 80 (Utah 2002)
• All Saints Brands, Inc. v. Brewery Group Denmark, A/S, 57 F.Supp.2d 825 (D.Minn. 1999)
• Graham Webb Intern v. Helene Curtis, 17 F.Supp.2d 919 (D.Minn. 1998)
• Larson v. Vermillion State Bank, 567 N.W.2d 721 (Minn.Ct.App. 1996)
• In re Travel Agency Com'n Antitrust Litigation, 898 F.Supp. 685 (D.Minn 1995)