Professionals

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

Experience

• Travel Tags v. UV Color, et al. Served as lead counsel in patent infringement litigation for patent relating to secured debit cards. Obtained favorable Markman ruling from United States District Court.
  
• Rembrandt Enterprises v. Deb El Food Products LLC et al. Obtained summary judgment on behalf of creditor seeking to recover $1 million receivable dismissing debtor's $1.7 million counterclaim alleging creditor had breached supply agreement by demanding assurances of future performance.
  
• Obtained $3.2 million settlement in 2011 as lead counsel for major water filtration manufacturer in federal court suit against City of Minneapolis. The settlement followed the district court's grant of summary judgment to client on key legal issue in case.
  
• MN Timberwolves Limited Partnership v. AEG Management. Obtained successful ruling in 2010 as lead counsel for the Minnesota Timberwolves in a contractual dispute with the operator of the Target Center Arena over the rights to revenue from a new sign to be erected on the back of the Target Center Arena adjacent to the new Twins Stadium.
  
• Port of Portland v. US Bank National Association. Obtained $1 million settlement in 2010 as lead counsel for an indenture trustee sued by the Port of Portland, which claimed it had the absolute right to destroy three facilities built for Delta Air Lines with bondholder funds, representing the sole source of repayment for the bonds following Delta's bankruptcy. The United States District Court denied the Port's motion for summary judgment. Following a successful mediation the Port agreed to pay the settlement in exchange for a full release of bondholder interests in the facilities.
  
• Wells Fargo Bank N.A. v. M.L Stern, et al. Served as lead counsel for indenture trustee and class plaintiffs in lawsuit involving $35 million bond issuance against three underwriters, the Town of Prescott Valley, a real estate developer, a promoter, an event center operator and other defendants alleging fraud and misrepresentation in the sale of securities. The suit is pending in the United States District Court of Arizona in the Phoenix District.
  
• Rainbow Play Systems v. Rainbow Systems of Texas. Obtained an arbitration ruling in 2008 in favor of a manufacturer of wooden play sets in a week-long arbitration with one of its distributors who alleged that the manufacturer violated the distributor's exclusive rights by selling mass merchant sets in the distributor's exclusive territory.
  
• Obtained a jury verdict in favor of a medical products manufacturer in a trade secret misappropriation case where the plaintiff sought $110 million in damages. The verdict came after a 3½-week jury trial in Minnesota federal district court, involving over a dozen fact witnesses and five expert witnesses.
  
• U.S. Bank National Association v. Kaiser Aluminum Association, et al. Served as lead trial counsel for US Bank, as indenture trustee for senior noteholders holding $450 million of senior notes and guarantees issued by Kaiser Aluminum and its subsidiaries, in a dispute with subordinated holders holding $400 million of subordinated notes and guarantees issued by the same entities. Following a two-day evidentiary hearing in bankruptcy court, the indenture trustee for the senior noteholders completely prevailed; and the bankruptcy court's ruling was subsequently affirmed by both the district court and Third Circuit.

Alain has tried numerous other arbitrations and trials and provides ongoing anti-trust counseling to numerous clients.