Greater Service with zeal and commitment
Greater Service with zeal and commitment
• Alternative Dispute Resolution – Over 40 years’ alternative dispute resolution experience, including selection by litigants as a mediator and arbitrator in more than 1,000 cases. In the past three years, selected as a neutral in over 100 cases, ranging in size from several thousand dollars to multimillions in controversy, comprising hearings of less than one day to several weeks. Qualified neutral under Rule 114 of the Minnesota General Rules of Practice (1994 - ). Membership on arbitration (1978 - ) and mediation (1985 - ) panels of the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR), and The Financial Industry Regulatory Authority (FINRA 2003 - ). Mediator for States of Minnesota and Wisconsin Education ADR programs (IEP Mediations and Facilitated IEPs, 2006 -). Hearing officer for Minneapolis Public Housing Authority (2008 - 2016). Instructor for the AAA’s continuing training program for mediators and arbitrators, having served in this capacity since the program’s 1998 inception.
• Recognition – Chosen by peers as “Best Lawyer” in the practice of ADR in Minnesota in Best Lawyers in America (Woodward/White, Inc. 2006-2021) and also by peers in Minnesota Monthly (2006-2021). Ranked within the Third Tier of Law Firms (small firms) by U.S. News & World Report (2013-2021) and Best Lawyers.
• Litigation – More than 40 years’ experience as a trial attorney with proficiency in litigation of complex business problems, environmental cases, insurance coverage disputes, and defense of malpractice claims. Practice in federal and state courts. As an advocate, has represented hundreds of clients in mediations and arbitrations.
• Arbitration and Mediation — Retained and sits as an arbitrator and mediator for a wide range of problems. Examples of service as a neutral include franchise terminations; claims for payment of commissions; claimed violations of restrictive covenants; claims to apportion environmental damages; claims of breach of contracts for sales of goods and services; disputes involving claimed violations of computer software sales, licensing, and consulting agreements; claims seeking enforcement of dealership and sales agent agreements; disputes arising from sales of businesses; disputes concerning real estate sales, leases, financing, and related issues; disputes arising from personal property leases; personal injury claims; insurance disputes concerning automobile, life/health/disability, excess loss, crop, trade credit, business interruption/property coverage, comprehensive general liability, and related coverages; construction disputes; products liability claims; partnership disputes; class actions; commercial and consumer lending disputes; trademark, tradename, and tradedress claims; copyright infringement claims; patent infringement claims; professional negligence (malpractice) disputes; employer-employee termination-related litigation; corporate governance and derivative disputes among board members, officers, review committees, and shareholders; shareholder conflicts and buyout disputes; securities litigation including suitability, futures trading, hedging, churning, fraud, private placement memorandum inadequacies, and related issues; disputes as to eligibility for and appropriate terms of an Individual Education Plan (IEP); extensive community mediation problems, e.g., neighbor-to-neighbor disputes concerning noise, fences, litter, etc.; landlord-tenant disputes concerning rent payments, security deposits, habitability, etc.; consumer/debtor – financing agency disputes concerning payments, defaults, security, etc.
• Lead Counsel — Has tried complex jury and bench cases as lead counsel, supervising associates and legal assistants. Representative litigation includes corporate and partnership governance disputes; disputes concerning valuations of corporate stock and statutory rights of minority shareholders; disputes concerning enforcement of shareholder buyout agreements; litigation concerning directors’ and officers’ fiduciary responsibilities, etc.; disputes concerning challenged partnership actions and partners’ fiduciary responsibilities; trademark, tradename, tradedress, and related intellectual property issues; patent infringement actions; fraud claims; litigation concerning various types of commercial contracts; unfair competition litigation; disputes concerning sales of businesses; negligence claims; franchise and dealership litigation; disputes concerning real estate development, sales, and leases; employment disputes; first and third party insurance declaratory judgment actions; disputes concerning business interruption/property, directors and officers, ERISA, professional liability, toxic tort and hazardous waste, and comprehensive general liability and related coverages, e.g. triggers, multiple and continuing occurrences, allocation among carriers, existence of an occurrence, etc.; professional negligence litigation; etc.
• Defense of Medical Malpractice Claims — Significant experience defending medical malpractice claims, including orthopedic, cardiac, pulmonary, neurological, gynecological, etc., and in medically related issues, including work with hospitals concerning regulatory and management issues and with medical device manufacturers in development and sales of products.
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