Professionals

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

Trade Secret, Unfair Competition and Employment

• Won precedent-setting multi-million dollar verdict following three-month class action trial on behalf of class of 56,000 current and former Wal-Mart workers, enforcing terms of Minnesota Fair Labor Standards Act. Star Tribune Article (07/01/08): Wal-Mart hammered by judge; MPR Interview (07/02/08): Plaintiffs pleased with Wal-Mart ruling;
• Currently lead counsel in several ERISA and employee benefit disputes in cases venued across the country;
• Won TRO on behalf of credit union against former director in trade secret/breach of confidentiality agreement case;
• Won complete dismissal of multi-million dollar claim for commissions and stock brought against medical technology firm, its lead investor, and several officers and directors  by former Chief Executive Officer, alleging breach of fiduciary duty, minority shareholder oppression, and breach of contract;
• Won affirmance in the Minnesota Court of Appeals of a summary judgment order enforcing "clawback" of stock option gains from former California-based medical device sales representative for violation of non-competition provision;
• Recovered in excess of $2 million from former distributor of medical device manufacturer, and defeated distributor's motion for TRO alleging wrongful contract termination, unfair competition, and violation of Health Insurance Portability and Accountability Act (HIPAA);
• Won arbitration order enforcing non-competition agreement for medical device manufacturer against former senior product development engineer and his California employer, following week-long trial;
• Won TRO enforcing non-competition agreement for medical device manufacturer against former product development engineer and his Texas employer;
• Defended medical products manufacturer against gender discrimination and stock option claims brought by former regional sales manager;
• Defended medical product manufacturer against trade secret and gender/race discrimination claims brought by former product development engineer;
• Defeated motion for TRO brought against provider of electronic data consulting services in action to enforce sales representative non-competition agreement, resulting in favorable settlement;
• Won summary judgment for leading medical products supplier, in case brought by former sales representative on claims relating to forfeiture of restricted stock;
• Prosecuted trade secret misappropriation and Lanham Act product disparagement claims, in case brought by leading multi-national medical device manufacturer;
• Won favorable arbitration award for leading medical products manufacturer in case construing unemployment provision of non-competition agreement;
• Defended leading medical products manufacturer against stock option acceleration claim brought by former international operations director;
• Defended leading gaming manufacturer against trade secret misappropriation claim involving electronic gaming technology;
• Defended physician owners of medical clinic against discrimination claims brought by former employees.

Business Ownership Disputes

• Won multi-million dollar settlement of fraud claim on behalf of livestock ranchers against former partner;
• Defended investor against breach of fiduciary duty, fraudulent transfer and preference claims arising from failure of automobile dealership;
• Won favorable settlement of action to compel founding shareholder to comply with terms of agreement to assign ultrasonic imaging technology used in vascular surgery;
• Won judgment for value of client’s ownership interest in company engaged in the manufacture and distribution of computer disk drive technology, in action to enforce LLC operating agreement buyout provisions;
• Won settlement for value of client’s ownership interest in venture capital management company, in action to enforce terms of LLC operating agreement and related limited partnership agreements;
• Defended former officers and directors of plastics manufacturer in action asserting breach of contract, misrepresentation and breach of fiduciary duty claims arising out of sale of corporate subsidiary;
• Won favorable settlement of minority shareholder claims brought by prominent attorney against former law partners.

Insurance & Finance

• Won multi-million dollar settlement of claims brought by individual annuitants and insurance guaranty association against major regional brokerage company relating to marketing of single-premium deferred annuities issued by insolvent Midwest Life Insurance Company;
• Won judgment in excess of $2 million on behalf of several employers who purchased group annuity pension funding agreements from insolvent InterAmerican Life Insurance Company in action to enforce assumption reinsurance agreement;
• Won multi-million dollar settlement on behalf of insurance guaranty association of breach of fiduciary duty claims against defined contribution plan sponsor and investment manager for losses relating to guaranteed investment contracts purchased from insolvent Executive Life Insurance Company;
• Obtained declaratory judgment upholding constitutionality of retroactive amendment to the Minnesota Life & Health Insurance Guaranty Association Act, clarifying intent of Act to protect Minnesota resident pension fund contributors from insolvency of companies which sell pension funding instruments, including en banc affirmance by U.S. Court of Appeals for the Eighth Circuit, and denial of certiorari by the U.S. Supreme Court;
• Won dismissal of claim brought Minnesota lease finance company against Nevada lessee based on doctrine of forum non conveniens, overturning forum selection clause in lease agreement.

Other Complex Litigation

• Won favorable settlement of claim on behalf of leading university art museum in action to construe donor agreement;
• Won favorable settlement of claims on behalf of assignees of secured lender arising out of asset-purchase agreement relating to bankruptcy of Call 4 Wireless LLC, a cellular telephone service reseller.

Representative Published Decisions:

• Medtronic v. Hedemark, 2009 WL 511760 (Minn. Ct. App. Mar. 3, 2009) 
• Braun v. Wal-Mart, 2008 WL 2596918, 156 Lab. Cas. P 60,631 (Minn. Dist. Ct., June 30, 2008) (NO. 19-CO-01-9790)
• Cenveo Corp. v. CelumSolutions Software GMBH & Co KG, 2007 WL 951550 (D. Minn. 2007)
• Nonin Medical Inc. v. BCI Inc, 2005 WL 2105501 (D. Minn. 2005)
• Hollywood Healthcare Corp. v. Deltec, Inc., 2004 WL 1118610 (D. Minn. 2004)
• Lyon Financial Services Inc. v. Reno Sparks Ass’n of Realtors, 2004 WL 234405 (D. Minn. 2004)
• Braun v. Wal-Mart, 2003 WL 22990114 (Minn. Dist. Ct. 2003)
• Wolfer v. Microboards Manufacturing, LLC, 654 N.W.2d 360 (Minn. Ct. App. 2002), review denied
• Hoehne v. Kerns, 2002 WL 3126000 (8th Cir. 2002 )(per curiam)
• Kerns v. Kerns, et al., 53 P.3d 1157 (Colo. 2002)
• Haley v. AIG Life Ins. Co., 229 F. Supp. 2d 957 (D.N.D. 2002)
• Medtronic Inc. v. Shope, 135 F.Supp.2d 988 (D. Minn. 2001)
• Scimed Life Systems, Inc., v. Johnson & Johnson, 1999 WL 33643933 (D.Minn. 1999)
• Liberty State Bank v. MLHIGA, 149 F.3d 832 (8th Cir. 1998)
• Vetter v. Security Continental Ins. Co., 567 N.W.2d 516 (Minn.1997)
• Honeywell, Inc. v. MLHIGA, 110 F.3d 547 (8th Cir.1997) (en banc)
• Hillard, et al v. Medtronic, Inc., 910 F. Supp. 173 (E. D. Pa. 1995)
• Honeywell, Inc., et al v. MLHIGA, 518 N.W.2d 557 (Minn.1994)
• Simon v. G.D. Searle & Co., 119 F.R.D. 680 (May 8, 1987)
• Simon v. G.D. Searle & Co., 119 F.R.D. 683 (Dec. 15, 1987)