Honors and Awards:

• Top Business Litigator, Chambers and Partners (International) Top 40 Business Litigation Super Lawyer, Minnesota Law & Politics, 2007 Super Lawyer, Minnesota Law & Politics, 1999-2000, 2004, 2005, 2006, and 2008 The Best Lawyers in America Law & Leading American Attorneys

Special Licenses/Certifications:

• Minnesota State Bar Association Board Certified Civil Trial Specialist (since 1991)

Bar/Professional Activity:

• Minnesota, 1979, U.S. Supreme Court, 1989, U.S. Court of Appeals, Fourth Circuit, 1996, U.S. Court of Appeals, Fifth Circuit, 2004, U.S. Court of Appeals, Sixth Circuit, 1990, U.S. Court of Appeals, Seventh Circuit, 1987, U.S. Court of Appeals, Eighth Circuit, 1981, U.S. District Court, District of Minnesota, 1979, U.S. District Court, Eastern District of Michigan, 1989, U.S. District Court, District of North Dakota, 1996U.S. District Court, Eastern District of Wisconsin, 2005Master, Warren E. Burger Inn of Court, American Bar Association, Federal Bar Association, Federation of Defense and Corporate Counsel, Minnesota State Bar Association Hennepin County Bar Association, Ramsey County Bar Association, Defense Research Institute

Pro bono/Community Service:

• Chairperson, Clergy Review Board, Archdiocese of St. Paul and Minneapolis, Region Representative and Chairperson, Metropolitan Province Consultation Board, Board of Directors, Public Art St. Paul President, Holy Cross Club of Minnesota

Verdicts and Settlements:

• Published Decisions: Gomez v. St. Jude Med. Daig Div., Inc., 422 F.3d 919, 932 (5th Cir. 2006); decision affirming dismissal of medical device products of medical device products liability claims on grounds of federal preemption. Goodyear Tire & Rubber Co. v. Dynamic Air Inc., 702 N.W. 2d 237 (Minn. 2005); opinion holding that the insured of an insolvent insurer remains liable for any amounts beyond the statutory liability limit in the Minnesota Insurance Guaranty Association Act. United States v. Basin Elec. Power Coop., 248 F.3d 781 (8th Cir. 2001); opinion in successful appeal reversing $45 million judgment in federal false claim action. Norbeck v. Basin Electric Power Coop., 215 F.3d 848 (8th Cir. 2000); opinion establishing viability of dual motive discharge defense in federal false claim/whistleblower action.  Plainview Milk Products Coop. v. Marron Foods, Inc., 3 F. Supp. 2d 1074 (D. Minn. 1998); opinion establishing principles governing termination of indefinite supply agreements and related arbitration/appraisal issues.  Upsher-Smith Labs. v. Mylan Labs., 944 F. Supp. 1411 (D. Minn. 1996); expansive opinion establishing many principles of requirements contracts between merchants under U.C.C. Article 2 and striking opponent's redundant and groundless expert reports.  Cenex, Inc. v. Arrow Gas Serv., 896 F. Supp. 1574 (D. Wyo. 1995); opinion granting Summary Judgment in Declaratory Judgment action involving corporate acquisition.  NoDak Bancorporation v. Clarke, 998 F.2d 1416 (8th Cir. 1993); opinion dealing with law governing mergers of national banks. Master Distribs., Inc. v. Pako Corp., 986 F.2d 219 (8th Cir. 1993); first federal appellate court opinion establishing principle of enforceable single color trademarks. Cited as authority in subsequent Supreme Court opinion establishing principle nationwide in Qualitex Co. v. Jacobson Prods. Co., 514 U.S. 159 (1995).  Boushel v. Toro Co., 985 F.2d 406 (8th Cir. 1993); opinion establishing comity principles of staying duplicative dealer termination action in deference to prior foreign (Canadian) proceedings.  Dynamic Air Inc. v. Bloch, 502 N.W.2d 796 (Minn. Ct. App. 1993); opinion establishing principle that enforceable noncompetition covenant can be defined in terms of "conflicting product" and "conflicting organization" without express geographic limitations. Also first case to establish that unreported Minnesota Court of Appeals' decisions have no precedential value pursuant to Minn. Stat. § 480A.08. Noted in 21 Wm. Mitchell L. Rev. 301 (1995).  CENTROL, Inc. v. Morrow, 489 N.W.2d 890 (S.D. 1992); opinion establishing many principles of South Dakota law concerning noncompetition agreements, misappropriation of trade secrets, and related recovery of compensatory damages, punitive damages and attorneys' fees.  Toro Co. v. Krouse, Kern & Co., 827 F.2d 155 (7th Cir. 1987); opinion dealing with standards of accounting malpractice.  Lano Equip., Inc. v. Clark Equip. Co., 399 N.W.2d 694 (Minn. Ct. App. 1987); opinion dealing with injunctive relief in dealer terminations.  Hansen v. Am. Nat'l Bank, 396 N.W.2d 642 (Minn. Ct. App. 1986); opinion dealing with fraud and res judicata in international loan work out transaction.  Aries Info. Systems, Inc. v. Pac. Mgmt. Systems Corp., 366 N.W.2d 366 (Minn. Ct. App. 1985); opinion dealing with misappropriation of computer trade secrets and enforcement of confidentiality and noncompetition agreements.  Newmaster v. Mahmood, 361 N.W.2d 130 (Minn. Ct. App. 1985); opinion dealing with many issues in sustaining jury verdict on dram shop claim.  Sperry Corp. v. City of Minneapolis, 680 F.2d 1234 (8th Cir. 1982); opinion dealing with injunctive relief to enforce competitive bidding statutes.  Bor-Son Bldg. Corp. v. Employers Commercial Union Ins. Co. of Am., 323 N.W.2d 58 (Minn. 1982); opinion dealing with construction of commercial comprehensive general liability policy.  Unpublished Decisions: Rollins, v. St. Jude Medical, ____ F. Supp. 2d ____, 2008 WL 4661622 (W.D. La. Oct. 20, 2008); decision affirming dismissal of medical device products liability claims on grounds of federal preemption. Pinkston v. Outdoor Equipment Distributors, Inc., 2007 WL 3028330 (W.D.N.C. Oct. 15, 2007); decision dismissing fraud and trademark termination claims in dealer termination case. U.S. Fid. & Guar. Co. v. Excel Bank Minn., No. A04-726, 2004 WL 2940855 (Minn. Ct. App. Dec. 21, 2004); opinion reversing summary judgment and holding that Bank's set-off rights are not limited by recent amendments to the mechanic's lien statute that contractors hold contract payments in trust for protection of owners and subcontractors.  Dynamic Air, Inc. v. Boccard S.A., No. 01-2148, 2003 WL 22097789 (D. Minn. Sept. 4, 2003); summary judgment enforcing right to royalty payments under international licensing agreements with French conglomerate. Toro Credit Co. v. PowerHouse Equip., Inc., No. 01-2349, 2002 WL 31761560 (D. Minn. Jan. 10, 2003); summary judgment enforcing multi-state financing and Article 9 security agreements against debtors and guarantors awarding a $3.5 million money judgment, including attorney's fees. Red Wing Shoe Co. v. B-JAYS USA, Inc., No. 02-257, 2002 WL 724237 (D. Minn. Apr. 19, 2002); opinion denying B-JAYS's motion to dismiss for lack of personal jurisdiction.

Representative Clients:

• St. Jude Medical, Inc., Wyeth, Nextel Communications, ToroDynamic Air Inc., Upsher-Smith Laboratories, Inc., Red Wing Shoe Co., Inc., M&I BankAlliant Techsystems Inc., Mission Systems Group d/b/a ATK mission Research, Cleveland-Cliffs Inc.

Educational Background:

• University of Minnesota Law School, Minneapolis, Minnesota J.D., 1979, Honors: Magna Cum Laude, College of the Holy Cross, Worcester, Massachusetts, B.A., 1976, Honors: Cum Laude, Honors: Phi Beta Kappa