Working out of both California and Maslon's primary office in Minneapolis, Melissa focuses her practice on the full spectrum of employment counseling and litigation matters in addition to business disputes involving non-competition and non-solicitation agreements, trade secrets, business contracts and torts, and unfair competition and trade practices. Melissa also maintains a robust employment investigations practice.

Melissa earned her law degree, cum laude, from the University of Minnesota Law School.

For details or to register, go to Minnesota CLE: Appellate Practice and Procedure: Oral Argument at Minnesota’s Court of Appeals and Supreme Court.

Erica represents clients in complex commercial disputes primarily in the areas of tort and product liability, business torts, insurance coverage, and breach of contract actions. She is also an experienced appellate attorney. Erica currently serves as reporter for three Minnesota Supreme Court Advisory Committees: the Rules of Civil Procedure, the Rules of Civil Appellate Procedure, and the General Rules of Practice; and she is the former chair of the Minnesota State Bar Association's Appellate Practice Section.

Jevon co-authored the publication with Peter N. Thompson, emeritus professor at Mitchell Hamline School of Law. The late David Herr, a former Maslon partner, is also named as a co-author.

For more information or to order, go to: Thomson West - Courtroom Handbook of Minnesota Evidence.

Jevon is an experienced trial lawyer who works with clients in a range of industries, with a focus on assisting policyholders in insurance coverage disputes and representing stakeholders in construction and real estate matters, as well as appeals. He appears frequently before Minnesota and federal appellate courts. In addition, Jevon co-authors four volumes of the Minnesota Practice Series—including Civil Rules Annotated and General Rules Annotated—and serves on the Minnesota Supreme Court Advisory Committee on the Rules of Civil Procedure.

Of Counsel Attorney Bill Pentelovitch and Partner John Duffey co-authored Chapter 5: Noncompetition Agreements: The “Reasonable” Restraint of Trade. Partner Leora Maccabee teamed up with attorney Anna Barton for Chapter 6: Unfair Trade Practices.

For more information or to order, go to Minnesota CLE: Business Disputes: Claims and Remedies, 3rd Edition.

Bill has tried hundreds of business disputes before judges, juries, or arbitrators in his nearly five decades of practice, and he also has argued dozens of appeals in state and federal courts. He has practiced nationally in the areas of non-compete, trade secret, and unfair competition litigation, and he has tried and won intellectual property licensing and royalty disputes collectively involving over $1 billion. In addition, Bill has been a leading trial lawyer in Minnesota in the area of ownership and governance disputes in closely held corporations, limited liability companies, and partnerships. He has co-authored the "Noncompetition Agreements" chapter of the Business Disputes: Claims and Remedies Deskbook since 2008.

John represents clients in complex commercial litigation matters, including business torts and contract disputes, with a particular emphasis on noncompete, trade secret, and financial services litigation. John helps clients navigate all stages of the litigation process and has significant experience representing large and small businesses in all forums: federal and state courts, arbitrations, and mediations.

Leora is a trial lawyer practicing primarily in the areas of general business, product liability, intellectual property, and trust and estate litigation. In the business, product liability, and intellectual property litigation side of her practice, she prides herself on offering exceptional legal service to businesses facing conflicts and challenges that at minimum threaten to distract from the products they are selling and services they are providing to our community, and at maximum are bet-the-company matters. She has co-authored the "Unfair Trade Practices" chapter of the Business Disputes: Claims and Remedies Deskbook since 2015.

Anna advises clients on general commercial litigation matters involving employment, construction, and insurance coverage. In her insurance work, she has advocated for businesses facing a broad range of liabilities and losses. In her general business litigation work, Anna represents both plaintiffs and defendants on various statutory, contract, and tort claims. She also assists corporations with internal investigations.

The presentation is part of Minnesota CLE's Evidence A to Z webcast series and is based on the attorneys' chapter in the forthcoming MN Courtroom Evidence Deskbook on social media evidence, to be published later this year.

For more information or to register, go to: Minnesota CLE: Minnesota Rules of Evidence: Social Media Evidence.

Jevon is an experienced trial lawyer who regularly handles appeals in the Eighth Circuit and Minnesota appellate courts. He is a member of the Minnesota Supreme Court Advisory Committees on the Rules of Evidence and the Rules of Civil Procedure, and is an associate fellow of the Construction Lawyers Society of America. Jevon also writes and presents on issues ranging from trial evidence to construction and insurance coverage law, and he is active as a speaker on the rules governing federal and Minnesota state courts.

Peter is a business litigator focused on resolving construction and insurance coverage disputes. He provides practical advice to help his clients navigate all phases of their construction projects, from contract negotiations to asserting or defending claims. In addition, Peter regularly advises insurance policyholders regarding their rights and asserts those rights on their behalf. He also serves on the Minnesota Supreme Court Advisory Committee on General Rules of Practice.

Nate helps fiduciaries and individuals navigate often complex probate and estate litigation matters. He also works with a broad spectrum of organizations in business, commercial, and municipal litigation. Nate is dedicated to helping clients through all stages of the process, working closely with them to achieve their goals.

For details or to register, go to Minnesota CLE: 2023 Civil Litigator’s Annual Update.

Erica represents clients in complex commercial disputes primarily in the areas of tort and product liability, business torts, insurance coverage, and breach of contract actions. She is also an experienced appellate attorney. Erica currently serves as reporter for three Minnesota Supreme Court Advisory Committees: the Rules of Civil Procedure, the Rules of Civil Appellate Procedure, and the General Rules of Practice; and she is the former chair of the Minnesota State Bar Association's Appellate Practice Section.

Jevon is an experienced trial lawyer who regularly handles appeals in the Eighth Circuit and Minnesota appellate courts. He is a member of the Minnesota Supreme Court Advisory Committees on the Rules of Evidence and the Rules of Civil Procedure, and is an associate fellow of the Construction Lawyers Society of America. Jevon also writes and presents on issues ranging from trial evidence to construction and insurance coverage law, and he is active as a speaker on the rules governing federal and Minnesota state courts.

Jeremy focuses his practice on product liability defense, complex commercial disputes, and corporate trust litigation. He assists clients in navigating all aspects of civil litigation, from inception through appeals, with particular experience in managing the discovery process. He represents both Fortune 500 companies and small businesses, and he is committed to developing a litigation strategy that best suits the needs of each. 

Schleicher’s induction ceremony took place Feb. 25 during the spring meeting of the College in Key Biscayne, Florida.

Founded in 1950, the American College of Trial Lawyers is composed of the best of the trial bar from the United States, Canada and Puerto Rico. Fellowship in the group is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of 15 years trial experience before they can be considered for fellowship.

Schleicher, a former federal prosecutor and renowned trial lawyer, is the chair of Maslon's Investigations & White Collar Defense Group, where he concentrates on high stakes criminal and civil litigation, government and internal investigations, and appellate practice. He is experienced in high profile cases and was widely recognized for his role as a special prosecutor in the internationally televised homicide trial of former Minneapolis police officer Derek Chauvin for the murder of George Floyd and for his work prosecuting the man responsible for the kidnapping and murder of 11-year-old Jacob Wetterling.

Membership in the American College of Trial Lawyers cannot exceed 1% of the total lawyer population of any state or province. The college maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. The college is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.

Commenting on his induction, Schleicher said, “I am honored and humbled to be selected as a fellow in the American College of Trial Lawyers and will continuously strive to reflect its ideals and values inside and outside of the courtroom.”

For details or to register, go to Minnesota CLE: 2023 Appellate Practice Institute.

Jevon is an experienced trial lawyer who regularly handles appeals in the Eighth Circuit and Minnesota appellate courts. He is a member of the Minnesota Supreme Court Advisory Committees on the Rules of Evidence and the Rules of Civil Procedure, and serves on Minnesota State Bar Association Construction Law Section's legislative committee. Jevon also writes and presents on issues ranging from construction and insurance coverage law to trial evidence. In 2022, he was named an associate fellow with the Construction Lawyers Society of America.

Erica is an experienced appellate attorney. She has argued before the Eighth Circuit Court of Appeals and has authored, co-authored, and edited dozens of appellate briefs. She is frequently sought out to provide advice on appeals in the Eighth Circuit and the appellate courts of Minnesota. Erica is co-author of the leading treatise on Minnesota appellate law and authors a chapter in the Eighth Circuit Appellate Practice Manual. She also serves as reporter for three Minnesota Supreme Court Advisory Committees: the Rules of Civil Procedure, the Rules of Civil Appellate Procedure, and the General Rules of Practice; and she is the former chair of the Minnesota State Bar Association's Appellate Practice Section.

For more information or to register, go to MSBA: Settling Disputes Through Early Mediation.

Terri, a business attorney and mediator, helps shareholders, family business owners, and companies buy or sell businesses or solve complex legal problems. Whether guiding shareholders through a company split, managing a large merger/acquisition for a buyer or a seller, representing family members or business partners in the sale of a long-held business, or helping a company restructure to better align business and goals, Terri brings a time-tested sense of which approaches work and which do not. In her mediation work, Terri brings her many years of experience negotiating deals to the table—along with her high energy, active listening skills, creativity, and pragmatic approach. View her mediation bio here.

Melissa is an employment and business litigation attorney who enjoys working with clients to protect and grow their business in a competitive marketplace. She focuses her practice on the full spectrum of employment counseling and litigation matters in addition to business disputes involving non-competition and non-solicitation agreements, trade secrets, business contracts and torts, and unfair competition and trade practices. She serves on the board of the Minnesota Infinity Project, an organization focused on gender disparity on the bench throughout the Eighth Circuit, and was appointed in 2019 to the state Commission on Judicial Selection.

Jevon co-authored the publication with Peter N. Thompson, emeritus professor at Mitchell Hamline School of Law.

For more information or to order, go to: Thomson West - Courtroom Handbook of Minnesota Evidence

Jevon is an experienced trial lawyer who regularly handles appeals in the Eighth Circuit and Minnesota appellate courts. He is a member of the Minnesota Supreme Court Advisory Committees on the Rules of Evidence and the Rules of Civil Procedure, and serves on Minnesota State Bar Association Construction Law Section's legislative committee. Jevon also writes and presents on issues ranging from construction and insurance coverage law to trial evidence. In 2022, he was named an associate fellow with the Construction Lawyers Society of America.

To read the full article, go to: Bench & Bar – "For trial lawyers, the generalist is the best specialist"

Jevon focuses his work on construction, insurance coverage, and appellate litigation as well as antitrust and general commercial matters. He has taken numerous complex matters to jury verdict and helps both Fortune 500 companies and "mom and pop" operations to navigate all phases of the litigation process. Jevon has significant experience in contract disputes, franchise and competitive practices claims, policyholder insurance coverage claims, construction defect and mechanic’s lien claims, and shareholder disputes. He also regularly handles appeals in the Eighth Circuit and Minnesota appellate courts.

For more information, go to: 2022 DRI Annual Meeting.

Steve is a renowned trial lawyer with deep experience in high profile cases. He concentrates his work on high stakes criminal and civil litigation, internal investigations, white collar defense, and appellate practice. Steve’s extraordinary trial skills are well known throughout the United States and the world. Most recently, he was recognized for his role as a pro bono special prosecutor in the internationally televised homicide trial of former Minneapolis police officer Derek Chauvin for the murder of George Floyd.

Steve will moderate a session titled "The Art of Jury Selection: A Murder Trial Revisited," which will examine the voir dire process in the 2021 trial of former Minneapolis police officer Derek Chauvin, in which Steve served as special prosecutor.

Stephanie will lead the discussion for a panel titled "Lessons from the Pandemic and Product Liability Litigation," which will examine how the pandemic may impact the defense of product liability cases, consider the role of new sources of proof available through contact tracing, and explore how new PPE and social distancing habits could affect juror perceptions.

Melissa will serve as discussion leader for the session titled "Transitioning from Words to Action: Practical Steps for Moving Your Firm’s Diversity, Equity, and Inclusion Efforts in the Right Direction," which discusses practical steps to create measurable DEI results, including effective recruitment and retention strategies.

For more information, go to: Trial Network - In-House and Outside Counsel: In Sync and In Person. Registration is closed.

Steve is a renowned trial lawyer with deep experience in high profile cases. He concentrates his work on high stakes criminal and civil litigation, government and internal investigations, and appellate practice, and he co-chairs Maslon's Government & Internal Investigations Group. Steve’s extraordinary trial skills are well known throughout the United States and the world. Most recently, he has been recognized for his role as a special prosecutor in the internationally televised homicide trial of former Minneapolis Police Officer Derek Chauvin for the murder of George Floyd.

Stephanie represents businesses in product liability and other complex civil litigation in federal and state courts nationwide, and also conducts internal investigations. Stephanie is experienced in all phases of litigation—from fact investigation through trial—with particular experience managing large-scale document review and production, e-discovery issues, and working with experts. In addition to aggressively litigating claims, Stephanie leverages early resolution strategies to avoid unnecessary litigation where possible.

Melissa is an employment and business litigation attorney who enjoys working with clients to protect and grow their businesses in a competitive marketplace. She focuses her practice on the full spectrum of employment counseling and litigation matters in addition to business disputes involving non-competition and non-solicitation agreements, trade secrets, business contracts and torts, and unfair competition and trade practices. Melissa is a frequent speaker on topics related to the advancement of DEI goals in law firms and regularly advises clients on incorporating these goals into their business plans.

• In explaining the policy goals, the Executive Order states, "Powerful companies require workers to sign non-compete agreements that restrict their ability to change jobs."
• In the section on agency responsibilities, the Executive Order states, "To address agreements that may unduly limit workers' ability to change jobs, the Chair of the FTC is encouraged to consider working with the rest of the Commission to exercise the FTC's statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility."

Notably, the Executive Order is limited to "the unfair use of non-compete clauses" as well as "other clauses or agreements that may unfairly limit worker mobility."
 
The details of this Executive Order will be worked out through agency rulemaking, a process that can take years, and would almost certainly be the subject of legal challenges. The rulemaking process includes notifying the public of the proposed rules, allowing the public a comment period, drafting final rules, and choosing an effective date. Nonetheless, there are steps employers can take now to protect their legitimate business interests should a federal limitation or ban issue in the future.
 
Steps Employers Can Take Now

• Ensure that you are adequately protecting your trade secrets through practical, technical, and contractual measures.
• Review your current non-compete agreements to determine their fairness factor.
  Although the Executive Order does not provide additional guidance on when a non-compete agreement is "unfair," any hypothetical limit on non-compete agreements will likely depend on:
  • the duration and geographical scope of the restriction,
  • the wage/salary of the affected employee,
  • the executive level of the affected employee,
  • the employee’s access to confidential information and trade secrets, and
  • public interest considerations. 

Note that an increasing number of states are restricting the use of non-compete agreements, so make sure that your agreements comply with the laws of the applicable states.

• Ensure your employee contracts include a severability clause.
• Apply the same steps to any other agreements limiting past and present employee activities, such as employee non-solicitation agreements. As noted above, the Executive Order is not limited to non-compete clauses, but calls out "agreements that may unfairly limit worker mobility."

We Can Help
If you have questions about how to protect your company’s legitimate business interests in the midst of this changing regulatory landscape, please contact Maslon's employment and non-compete attorneys.

To learn more, go to: MSBA — New Lawyers Section.

Anna advises clients on general commercial litigation matters, concentrating her practice on a wide variety of business disputes in employment and insurance coverage. She is an active pro bono volunteer, representing clients through the Volunteer Lawyers Network and serving as a volunteer attorney for Maslon UPLIFT: Legal Institute for Teens. For her dedicated efforts, Anna was recognized for the second consecutive year as a North Star Lawyer by the Minnesota State Bar Association, a distinction reserved for MSBA members who provide 50 hours or more of pro bono legal services per year to those who otherwise could not afford representation.

Anna graduated cum laude from the University of Minnesota Law School. During her last semester of law school, Anna served as judicial extern to the Honorable John R. Tunheim of the U.S. District Court for the District of Minnesota.

Allegations in the SCA Indictment

The indictment alleges that SCA entered into separate agreements with two unnamed competitor owners/operators of outpatient medical care facilities "to suppress competition between them for the services of senior-level employees by agreeing not to solicit the other's senior-level employees." The indictment alleges that acts in furtherance of the conspiracy included:

1. agreeing not to solicit or proactively approach each other's senior-level employees;
2. instructing employees that "[w]e cannot reach out" to the other companies' employees and to take them "off the list";
3. monitoring compliance at the conspirators' respective HR departments and alerting them of instances of recruitment; and
4. instructing employees, for example, "that although the candidate 'look[ed] great' [we] 'can't poach her.'"

The criminal indictment asserts these agreements constitute per se illegal horizontal conspiracies in violation of Section 1 of the Sherman Antitrust Act. The Sherman Act imposes criminal penalties of up to $100 million for a corporation and $1 million for an individual, along with up to 10 years in prison. This is the first criminal indictment based solely on no-poach agreements brought by DOJ and it is the culmination of policy pronouncements by DOJ and FTC over four years ago.

October 2016 Antitrust Guidance for HR Professionals

The DOJ and the FTC issued in October 2016 its joint "Antitrust Guidance for Human Resource Professions" ("HR Guidance"). The HR Guidance provided "[a]greements among employees not to recruit certain employees or not to compete on terms of compensation are illegal." It made clear that the concern applied to "competitors in the employment marketplace," thus such restraints are illegal "regardless of whether the firms make the same products or compete to provide the same services." The HR Guidance further provided that "an individual likely is breaking the antitrust laws if he or she:…agrees with individual(s) at another company to refuse to solicit or hire that other companies' employees (so called "no poaching" agreements)."

Prior to the HR Guidance, DOJ previously had brought civil, but never criminal, enforcement actions arising out of no-poach or non-solicitation agreements, primarily against technology companies such as eBay and Intuit, Lucasfilm and Pixar, and Adobe, Apple, Google, and others. The HR Guidance provided that "[g]oing forward, the DOJ intends to proceed criminally against naked wage-fixing or no poaching agreements." Although DOJ has the authority to enforce the antitrust laws civilly or criminally, criminal enforcement is restricted to hardcore cartel conduct, such as price fixing or customer allocation. The HR Guidance announced DOJ's policy that going forward it would consider naked no-poaching agreements as fitting within this category of hardcore cartel conduct that rises to the level of criminal conduct. DOJ stated in the HR Guidance that it might: "in the exercise of its prosecutorial discretion, bring criminal, felony charges against the culpable participants in the agreement, including both individuals and companies."

Employer Considerations

Despite periodic statements by DOJ over the four years following issuance of the HR Guidance that criminal enforcement actions would be brought, no such indictments were forthcoming until the SCA indictment last week. The SCA indictment over no-poach agreements reconfirms enhanced regulatory scrutiny of such restraints between companies concerning the solicitation, recruitment, and hiring of employees, including the increased potential of criminal enforcement. As a result, employers should consider:

• reexamining and refining clear corporate compliance policies prohibiting such no-poach agreements.
• regularly communicating to all employees, reinforcing with periodic training, and periodically auditing policies prohibiting such agreements, as recommended with all antitrust compliance policies.

In July 2019, DOJ announced a new policy in which it would "consider compliance at the charging stage in criminal antitrust investigations." The SCA indictment combined with DOJ's policy to incentivize corporate antitrust compliance provides a strong reason to reexamine and strengthen antitrust compliance policies.

We Can Help

Please contact any of the related Maslon attorneys listed below if you need help ensuring your policies are in compliance with antitrust regulations or if you have other competition law concerns or questions.

To receive future COVID-19-related legal alerts, please email us.

TOPICS:

• Most Recent
• Corporate
• Mergers & Acquisitions
• Labor & Employment
• Product Liability Litigation
• Construction
• Insurance Coverage
• Cybersecurity
• Estate Planning
• Supporting the Effort
   

Most Recent:

• January 14, 2022 — Supreme Court Halts OSHA's COVID-19 Vaccine and Testing Mandate
• December 20, 2021 — OSHA's COVID-19 Vaccine and Testing Mandate Is Back in Business After Sixth Circuit Court of Appeals Lifts Stay
• November 8, 2021  — Fifth Circuit Court of Appeals Stays OSHA's COVID-19 Vaccine and Testing Mandate: Next Steps for Employers
• November 5, 2021 — What Employers Need to Know About OSHA's New Vaccine and Testing Requirements
• November 1, 2021 — 5 New Legal Risks for Product Manufacturers During COVID-19
• September 10, 2021 — Path Out of the Pandemic: Biden Administration Will Require Employers with 100+ Employees to Mandate COVID-19 Vaccination or Weekly Testing
• August 24, 2021 — Updated COVID-19 Guidance from OSHA and the CDC: What It Means for Your Business

Corporate:

• February 16, 2022 — Can You Spot a Liar? Key Factors for Determining Credibility in Internal Investigations
• January 8, 2021 — New SBA Guidance Released: Interim Final Rules on the Revived Paycheck Protection Program
• December 28, 2020 — Coronavirus Relief Under the Consolidated Appropriations Act, 2021
• June 5, 2020 — CARES Act PPP Reform: Paycheck Protection Program Flexibility Act of 2020
• April 27, 2020 — New SBA Guidance Released: PPP Loan Certification Requirements for Good Faith
• April 16, 2020 — CARES Act: Paycheck Protection Program Loan Forgiveness
• April 10, 2020 — CARES Act: The Main Street Lending Program Offers Relief for Small and Mid-Sized Businesses
• April 2, 2020 — CARES Act: Paycheck Protection Program - Proactive Steps to Apply
• March 30, 2020 — COVID-19: Key Business Resources Under the CARES Act
• March 26, 2020 — COVID-19: Key Business Considerations for Minnesota Emergency Executive Order 20-20
• March 20, 2020 — COVID-19 Business Update: Tax Deadline and Proposed CARES Act
• March 16, 2020 — COVID-19: Force Majeure Contract Clauses
   

Mergers & Acquisitions:

• April 18, 2020 — Video: COVID-19 Business Owner's Survival Guide—M&A After COVID-19 (29:00), Presented by Terri Krivosha
   

Labor & Employment:

• February 16, 2022 — Can You Spot a Liar? Key Factors for Determining Credibility in Internal Investigations
• January 14, 2022 — Supreme Court Halts OSHA's COVID-19 Vaccine and Testing Mandate
• December 20, 2021 — OSHA's COVID-19 Vaccine and Testing Mandate Is Back in Business After Sixth Circuit Court of Appeals Lifts Stay
• November 8, 2021  — Fifth Circuit Court of Appeals Stays OSHA's COVID-19 Vaccine and Testing Mandate: Next Steps for Employers
• November 5, 2021 — What Employers Need to Know About OSHA's New Vaccine and Testing Requirements
• November 1, 2021 — 5 New Legal Risks for Product Manufacturers During COVID-19
• September 10, 2021 — Path Out of the Pandemic: Biden Administration Will Require Employers with 100+ Employees to Mandate COVID-19 Vaccination or Weekly Testing
• August 24, 2021 — Updated COVID-19 Guidance from OSHA and the CDC: What It Means for Your Business
• May 24, 2021 — What Employers Need to Know Now That the CDC Has Relaxed Mask Recommendations for Those Who Are Fully Vaccinated
• March 24, 2021 — The American Rescue Plan Act of 2021—Key Implications for Employers
• December 30, 2020 — New Year, New Rules: Employer Implications of the New COVID-19 Relief Legislation
• December 22, 2020 — Employers: EEOC Releases New Vaccine Guidelines to Address Five Key Concerns
• September 14, 2020 — FFCRA Update: Department of Labor Revises Regulations, Largely Rejects SDNY Court Ruling
• August 5, 2020 — Key FFCRA Regulations Vacated by Federal Court, Dramatically Expand FFCRA Leave Eligibility
• July 24, 2020 — #MaskUpMN: Key Employer Re

Bill is a business trial lawyer with over 45 years of experience who has tried hundreds of business disputes before judges, juries, or arbitrators, and who also has argued dozens of appeals in state and federal courts. For more than three decades he has practiced nationally in the areas of non-compete, trade secret, and unfair competition litigation, and he has tried and won intellectual property licensing and royalty disputes collectively involving over one billion dollars. In addition, Bill is a leading trial lawyer in Minnesota in the area of ownership and governance disputes in closely-held corporations, limited liability companies, and partnerships.

Sarah represents clients in complex litigation matters, including business torts and contract disputes, with a particular emphasis on non-competition and trade secret litigation. She has extensive experience helping clients protect their valuable business assets when an employee, a former employee, or a competitor steals confidential information or violates a non-competition or non-solicitation covenant. Sarah has practiced in state and federal courts across the country as well as the Minnesota appellate courts and Eighth Circuit Court of Appeals.

Melissa enjoys working with clients to protect and grow their business in a competitive marketplace. She focuses her practice on the full spectrum of employment counseling and litigation matters in addition to business disputes involving non-competition and non-solicitation agreements, trade secrets, business contracts and torts, and unfair competition and trade practices. Melissa also maintains a robust pro bono practice, primarily serving as counsel to the American Civil Liberties Union of Minnesota in litigation involving individual constitutional rights and government transparency.

For more information or to register, go to: Minnesota CLE, "Business Disputes: Noncompetition Agreements - The 'Reasonable' Restraint of Trade."

Ajouri assists organizations and individuals with general commercial litigation matters, with particular focus on intellectual property disputes. Ajouri received his law degree, summa cum laude, from Mitchell Hamline School of Law. While at law school, he completed more than 150 volunteer hours with the Minnesota Justice Foundation and was a published author with the Cybaris Intellectual Property Law Review. He also interned for the Honorable Edward T. Wahl of the Hennepin County District Court during his last semester of law school. Ajouri earned his bachelor's degree in Psychology and Music Technology from Keele University in Staffordshire, UK. 

Barton advises clients on general commercial litigation matters, concentrating her practice on employment, insurance coverage, and tort & product liability cases. Barton graduated, cum laude, from the University of Minnesota Law School, where she served as a staff member and lead student articles editor of Law & Inequality: A Journal of Theory and Practice. She was involved in student activities and held leadership roles, including co-president of the Student Employment and Labor Law Association. During her last semester of law school, Barton served as judicial extern to the Honorable John R. Tunheim of the U.S. District Court for the District of Minnesota. Barton received her bachelor's degree, magna cum laude, from Coe College in Cedar Rapids, Iowa. 

Carlson assists clients with their general business litigation needs, working primarily on real estate, tort, and product liability matters. Carlson received his J.D., magna cum laude, from the University of Minnesota Law School, where he served as a staff member and managing editor of the Minnesota Law Review. Carlson spent his last semester as judicial extern to the Honorable Magistrate Judge Tony N. Leung at the U.S. District Court for the District of Minnesota. He earned his bachelor's degree, summa cum laude, from the University of Minnesota, Minneapolis. (View Full Bio.)

Krahn is a business litigator concentrating on general commercial matters. Before joining Maslon, Krahn served as a law clerk to the Honorable Matthew E. Johnson at the Minnesota Court of Appeals and taught constitutional law as an adjunct professor at Mitchell Hamline School of Law. Krahn received his law degree, summa cum laude, from Mitchell Hamline School of Law, where he served as Executive Editor of the Mitchell Hamline Law Review, participated in the Mitchell Hamline Fellows Program, and was honored several times with the CALI Excellence for the Future Award for achieving the highest grade in each class. During law school, Krahn also served as a judicial extern to the Honorable Magistrate Judge Tony Leung at the U.S. District Court for the District of Minnesota. Krahn received his bachelor's degree in piano performance, with distinction, from St. Olaf College. 

Schramm counsels business clients on general corporate and commercial law matters. Prior to becoming a lawyer, he founded and owned a financial planning and investment advising company, gaining valuable experience in client service, leadership, and strategy—all of which informs his work to help clients achieve their business goals. Schramm received his law degree, summa cum laude, from Mitchell Hamline School of Law, where he was honored multiple times with the CALI Excellence for the Future Award, an award given to the highest scoring student in each class. During law school, Schramm was a research assistant to Professor Sharon Sandeen, volunteered in the Business Law Clinic, served as a teaching fellow with the Marshall-Brennan Constitutional Literacy Project, and won a Burton Award for Excellence in Legal Writing (top 5 brief in lawyers program). Schramm earned his bachelor's degree from the University of Minnesota, Minneapolis. 

Jevon focuses his work on construction and appellate litigation as well as general commercial matters. He provides practical advice to help his clients navigate all phases of their construction projects, from contract negotiations to asserting or defending claims. Jevon has significant trial practice experience, having taken complex construction matters to jury verdict, and he regularly prosecutes appeals in the Eighth Circuit as well as in Minnesota appellate courts. He is a member of the Minnesota Supreme Court Advisory Committee on the Rules of Evidence, and is active as a speaker and presenter on the topics of evidence and the rules governing federal and Minnesota state courts.

Peter is a business litigator focused on resolving construction, insurance coverage, and other commercial disputes. He regularly represents clients in state courts, federal courts, mediations, and arbitrations. Peter has represented a variety of participants in the construction industry, including owners, general contractors, subcontractors, suppliers, design professionals, and sureties in matters such as construction and design defect claims, delay and extra work claims, performance and payment bond claims, mechanics liens, and bid protests. In addition, Peter advises clients on federal and state compliance issues.

For more information or to register, go to: Minnesota CLE, "Foundations of Evidence: Social Media Evidence."

Noting that Bill “has built one of the state's most prominent business litigation practices,” the article recounts numerous high-stakes achievements for clients including a $200 million patent royalty dispute brought against Medtronic for which Bill was able to get all claims dismissed via summary judgement. Medtronic In-house attorney, Chad Hanson, offered, "Bill always finds a path to the endgame….he's one of the best on his feet in front of a judge. He'll know the record and keep his cool when he's getting grilled."

Amidst his thriving private practice, the article credits Bill’s longstanding commitment to the “greater good” through his attention to handling cases that have had a significant impact on civil liberties issues including racial equality and reproductive rights. Several of Bill's key civil-rights-focused cases at Maslon are featured, including a historic desegregation case in 1978—Booker v. Special School District No. 1—where he worked alongside former Maslon partner Chad Quaintance in representing the plaintiffs, successfully arguing that the Minneapolis School District was "intentionally segregating schools to the detriment of all school children." Bill shared, "That case set me on the course of working on cases that had some social significance."

"Bill is the amazing trial lawyer every client should want protecting their interests in high-stakes litigation," says Haley Schaffer, a former Maslon attorney who is now senior counsel at 3M. "He is also a remarkable person who dedicates a tremendous amount of time to his community and pro bono clients. I am very lucky to have had Bill as a mentor and colleague."

The magazine details several additional cases of impact, including representation of Planned Parenthood to challenge a Minnesota statute requiring parental consent for a minor to obtain an abortion, negotiation with "civic authorities on behalf of protestors at the 2008 Republican National Convention," and pro bono representation in 2012 of a coalition "challenging a proposed constitutional amendment that would requires Minnesota voters to present valid, state-issued IDs at the ballot box."

In closing, a statement is shared from Paul Anderson, a former Associate Justice of the Minnesota Supreme Court: "I always appreciated attorneys like Bill because they make the system work. He doesn’t mind taking some unpopular cases to show how the rule of law is supposed to work in a democratic society."

Bill has spent his entire 45 year legal career at Maslon, trying hundreds of jury, bench, and arbitration trials, as well as many dozens of appeals in state and federal courts. For over three decades, he has practiced nationally in the areas of non-compete, trade secret, unfair competition, intellectual property licensing, royalty, and distribution disputes. Bill also has an extensive practice in the area of ownership and governance disputes in closely-held corporations, limited liability companies, and partnerships.

In addition to his primary areas of concentration, Bill's wide-ranging trial practice has encompassed virtually every type of dispute in which businesses can become embroiled. He has represented a wide variety of financial institutions, medical device and pharmaceutical companies, manufacturing companies, real estate and construction companies, and professional service firms in breach of contract, business tort, and statutory liability cases.

Bill previously served as board chair of the American Civil Liberties Union of Minnesota Foundation as well as a member of the board of directors of the American Civil Liberties Union of Minnesota, of which he is the immediate past board chair. Through the ACLU-MN, he has provided significant pro bono representation with particular focus on voting and civil rights matters. Bill is also a former member of the boards and executive committees of the Sabes Jewish Community Center and the St. Paul Conservatory for Performing Artists.

To read the full article on Bill Pentelovitch, go to: "The Greater Good: Bill Pentelovitch has been pushing Minnesota forward for nearly a half century."

Mary has built a reputation for providing clients with service-oriented, practical counsel and zealous representation across business and employment-related disputes—earned through more than two decades of dedicated work. Employers appreciate Mary's prompt counsel across a full range of employment and labor law issues. She is exceptionally adept at advising clients on matters involving discrimination laws, leave laws, drug testing, wage and hour law compliance, legal developments under the National Labor Relations Act, employment agreements, situations involving the discipline and discharge of an employee, and development of employee handbooks and personnel policies.

Mary is also a seasoned litigator with particular emphasis on non-competes, unfair competition, employment contract disputes, and employment discrimination. She works closely with her clients to strategize and reach their desired outcome. She is agile, responsive, and attuned to the concerns of clients spanning a broad range of industries, including medical device, healthcare, consumer goods, financial services, food processing, and manufacturing.

Bill is a business trial lawyer with over 44 years of experience who has tried hundreds of cases before judges, juries, or arbitrators, and who also has argued dozens of appeals in state and federal courts. For three decades he has practiced nationally in the areas of non-compete, trade secret, and unfair competition litigation, and he has tried  and won intellectual property licensing and royalty disputes collectively involving over one billion dollars. In addition, Bill is a leading trial lawyer in Minnesota in the area of ownership and governance disputes in closely-held corporations, limited liability companies, and partnerships.

Nicole, co-chair of Maslon's Litigation and Product Liability Group, focuses her practice on product liability litigation, and she has successfully defended major medical device and pharmaceutical manufacturers in federal and state courts throughout the country. Nicole has significant experience with the issues of federal preemption and regulatory control over claims involving FDA-approved medical devices. She also has extensive experience representing clients in a variety of commercial disputes, including construction law and intellectual property disputes.

For more information, go to: ABA Section of Dispute Resolution Spring Conference.

Stephanie regularly counsels clients on a variety of employment law issues, including hiring, disciplining, and terminating employees and wage and hour questions. She also advises employers on compliance with local drug testing laws (Minnesota's DATWA) and complying with medical marijuana laws. Additionally, Stephanie represents clients in employment disputes involving wage and hour violations, non-competes, wrongful discharge, and claims of discrimination. She has significant experience helping clients navigate through all stages of the litigation process and across many different forums, including federal and state courts, administrative actions, and privately arbitrated disputes.

For more information, go to: The 2019 New Lawyer Experience.

Bill is a business trial lawyer with more than 44 years of experience and hundreds of jury, bench, and arbitration trials, as well as dozens of appeals in state and federal courts to his credit. For three decades he has practiced nationally in the areas of non-compete, trade secret and unfair competition litigation, and intellectual property licensing and royalty disputes. In addition, Bill is a leading trial lawyer in Minnesota in the area of ownership and governance disputes in closely-held corporations, limited liability companies, and partnerships. His wide-ranging trial practice over the past four decades has encompassed virtually every type of dispute in which businesses can become embroiled, representing a wide variety of financial institutions, medical device and pharmaceutical companies, manufacturing companies, real estate and construction companies, and professional service firms in breach of contract, business tort, and statutory liability cases.

For more information, go to: Minnesota CLE, How to Best Present or Defend the Substantive Motion.

To read the full article, go to: Hennepin Lawyer, "Getting to Know Stephanie Willing, 2018-2019 New Lawyers Section Chair."

Stephanie counsels clients regularly on a variety of employment law issues, including hiring, disciplining, and terminating employees as well as wage and hour questions. She helps clients navigate through all stages of the litigation process and across many different forums, including federal and state courts, administrative actions, and privately arbitrated disputes.

Stephanie concentrates her practice on a variety of employment law issues, including hiring, disciplining and terminating employees as well as wage and hour questions. She is well versed in compliance with local drug testing laws under the Minnesota DATWA and in complying with medical marijuana laws. Prior to joining Maslon, Stephanie practiced at a national labor and employment firm as well as a local boutique litigation firm. She graduated Order of the Coif from the University of Oregon School of Law and earned her Bachelor of Arts degree, magna cum laude, from the University of Southern California.