Fredrikson & Byron, P.A. - David Marshall

Introduction

David joined Fredrikson & Byron in 1987. He is a shareholder, and serves as co-chair of Fredrikson & Byron’s Business Litigation Department and chair of the Banking & Financial Services Litigation Group. David is a seasoned trial lawyer, whose practice focuses on complex business litigation, including class actions. He represents parties in cases involving contracts, business torts, banking, bankruptcy, shareholder rights, oil and gas, and legal and accounting malpractice. David appears in state and federal courts throughout the country, and has successfully tried many cases to award or verdict.

David also has extensive appellate experience, and has argued more than twenty cases in various courts of appeal.

Martindale Hubbell Law Directory has given David its highest (AV) rating. He has also been selected by his peers as a “super-lawyer,” and is listed in “The Best Lawyers in America” for commercial litigation.

Education

University of Minnesota Law School, J.D., 1987, cum laude
Oberlin College, B.A., 1984

Bar Admissions

Minnesota
U.S. District Court, District of Minnesota
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, Western District of Wisconsin
U.S. District Court, District of North Dakota
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Eighth Circuit
United States Supreme Court

Practice Areas

Representative Experience

Trial - Defense Work:

David represented the co-founder of a company that sold consumer goods, who was sued for $46 million in a dispute regarding ownership of the company. David obtained summary judgment on behalf of his client, which was upheld by the Minnesota Court of Appeals and the Minnesota Supreme Court. Star Tribune, June 20, 1997 “Minnesota Supreme Court Affirms Rulings in Damark International case.” The result was cited by Law & Politics magazine as among “the most notable civil litigation defense work of the past year.” Law & Politics, September 1997.
David represented a public company that manufactures computer hardware in two class action lawsuits brought by shareholders of the company. The shareholders alleged that the company’s proposed merger would undervalue the company’s stock. Both suits were dismissed by the Court prior to the commencement of discovery. Star Tribune, June 16, 2005 “Two Suits Against August Dismissed.”
David represented a company that manufactured alarm systems in a lawsuit brought by the company’s former CEO. The CEO asserted that the company breached the CEO’s right of first refusal to purchase the company. The Hennepin County jury returned a verdict in favor of David’s client, and all claims were dismissed.
David represented a national bank/trustee in a lawsuit brought by the beneficiary of a trust for breach of fiduciary duty. After a trial in state court in North Dakota, the Court entered judgment in favor of the bank and dismissed all claims.
David represented a public company that negotiated to purchase the assets of another company. The transaction did not close. The seller sued David’s client for breaching the purchase agreement and asserted the right to keep the client’s deposit. After discovery, David’s client filed a motion for summary judgment. Prior to the hearing on the motion, the plaintiff agreed to return the entire deposit, plus interest. Star Tribune, April 15, 2003, “Zomax, Inc., Plymouth, said it settled litigation regarding iLogistix and the return of 100 percent of its escrow deposit of $3.9 million, plus accrued interest.”
David represented a company being sued for brokerage fees in connection with the purchase of a business. The plaintiff's claim, which was in excess of $100 million, was dismissed on summary judgment.
David represented a manufacturer of hydraulic garage lifts, which was sued in Federal District Court in Texas. The plaintiffs alleged that the lifts were defective. After one day of trial (before the plaintiffs had completed their presentation to the jury), all claims were dismissed.
David represented a designer of a waste water treatment facility in Eastern Siberia. The General Contractor alleged that the designer’s plans were deficient. After discovery and motion practice, the case was resolved on favorable terms.
David represented the general partner of a limited partnership in a putative class action by the limited partners. The plaintiffs’ motion for class certification was denied, and the case was resolved on favorable terms.
David represented an oil company in a case in which the plaintiffs alleged that the company was responsible for environmental damage associated with a ruptured pipeline that released in excess of one million gallons of salt water. After discovery and motion practice, the case was resolved on favorable terms.
David represented an oil company, which was sued by an owner of mineral interests in spacing units where wells had been drilled and operated by the oil company. The Plaintiff asserted claims for breach of contract and breach of fiduciary duty based on the defendant’s refusal to provide well information in the absence of a non-disclosure agreement. The trial court granted the defendant’s motion for summary judgment, which was upheld by the North Dakota Supreme Court.

Trial - Plaintiff’s Work:

David represented the former CEO of a Minnesota software company in a breach of contract lawsuit against his former employer. The Hennepin County jury returned a verdict in favor of David’s client for the full amount requested. Star Tribune, November 22, 2003, “A question of authority – GOP Chairman Eibensteiner involved in contract flap”; Star Tribune, May 1, 2004 “Jury Sides With Executive in Severance Case.”
David represented a company that manufactured baked goods against the company’s former customer in a breach of contract action. The Hennepin County jury returned a verdict in favor of David’s client for close to the full amount requested. Star Tribune, January 28, 2000, “Coffee clash: Caribou, bakery head to court”; Star Tribune, March 23, 2000 “Caribou Must Pay Supplier $900,000.”
David represented the founder and former CEO of a company that manufactures medical products in a breach of contract action against the company. David’s client asserted that the company breached his severance agreement. The Hennepin County jury returned a multi-million dollar verdict in favor of David’s client. Minnesota Lawyer, February 4, 2008, “High Court Looks at Indemnity in Fraud Cases”; Star Tribune, June 27, 2008, “Arizant Owes Augustine Fees, High Court Rules.”
David represented a provider of steel mill services in a case in which David’s client and its former partner sued each other for breach of contract. After a bench trial, the Federal District Court in Baltimore, Maryland dismissed the partner’s claims and found that David’s client suffered several million dollars in damages.
David represented minority shareholders in a suit against the majority shareholder of a closely held company. The suit involved several claims relating to the nature of the minority shareholders’ interest in the company. Several procedural issues were resolved by the Minnesota Court of Appeals and the Minnesota Supreme Court before a trial was held. Following the trial, the case was resolved by the parties. Star Tribune, November 21, 2000, “Case Could Have Wider Meaning for Closely Held Firms.”
David represented a medical device manufacturer in a dispute regarding rights to an invention. The arbitration panel ruled that all rights to the invention belonged to David's client.
David represented the creator and producer of a successful television series in a breach of contract action against the network that aired the Series. The case was resolved by the parties prior to the commencement of discovery. Star Tribune, August 30, 2011, “Diners, Drive-Ins and Dives Feud Gets Vented.”

Appeals:

Acrometal Cos. Inc. v. First American Bank of Brainerd, 475 N.W.2d 487 (Minn. Ct. App. 1991)
Minnesota Hotel Co., Inc. v. ROSA Development, 495 N.W.2d 888 (Minn. Ct. App. 1993)
Aratex Services, Inc. v. Blue Horse, Inc., 497 N.W.2d 283 (Minn. Ct. App. 1993)
Broken Aero Services, Inc. v. Marquette Bank Monticello, 33 UCC Rep. 2d 930 (Minn. Ct. App. 1996)
Digi-Tel Holdings, Inc. v. Proteq Telecommunications (PTE), Ltd., 89 F.3d 519 (8th Cir. 1996)
Brandt v. Marshall Animal Clinic, 540 N.W.2d 870 (Minn. Ct. App. 1996)
DLH, Inc. v. Russ, 544 N.W.2d 326 (Minn. Ct. App. 1996)
DLH, Inc. v. Russ, 566 N.W.2d 60 (Minn. 1997)
Plymouth Foam Products, Inc. v. City of Becker, Minnesota, 120 F.3d 153 (8th Cir. 1997)
Ash v. Marquette Bank, WL 423559 (Minn. Ct. App. 1997)
Hedged Inv. Partners v. Norwest Bank Minnesota, N.A., 578 N.W.2d 765 (Minn. Ct. App. 1998)
Wessin v. Archives Corp., 581 N.W.2d 380 (Minn. Ct. App. 1998)
Wessin v. Archives Corp., 592 N.W.2d. 460 (Minn. 1999)
Union Bank and Trust Co. v. SUPERVALU, Inc., WL 672762 (Minn. Ct. App. 1999)
In re Delta Engineering, Inc., 270 F.3d 584 (8th Cir. 2001)
Winthrop Resources Corp. v. FFP Operating Partners, L.P., WL 1969256 (Minn. Ct. App. 2002)
In re Sendecky, 315 F.3d 904 (8th Cir. 2003)
In re Estate of King, 668 N.W.2d 6 (Minn. Ct. App. 2003)
Bradley v. First Nat’l Bank of Walker, N.A., 711 N.W.2d 121 (Minn. Ct. App. 2006)
McCarty v. Buechler, WL 899951 (Minn. Ct. App. 2007)
Augustine v. Arizant, Inc., 735 N.W.2d 740 (Minn. Ct. App. 2007)
Augustine v. Arizant, Inc., 751 N.W.2d 95 (Minn. 2008)
Becker v. Alliance Bank, WL 2899586 (Minn. Ct. App. 2010)
Come Big or Stay Home, LLC v. EOG Resources, Inc., 2012 N.D. 91

Honors & Distinctions

Super Lawyer, Minnesota Super Lawyers magazine (nominated by peers)
Listed in The Best Lawyers in America

Bios Practice Areas Articles News Events Careers Pro Bono Firm Info