Introduction
Jim helps his clients navigate commercial disputes of all types. Sometimes this means negotiating a resolution without resort to litigation. Other times it requires stronger measures. In all cases, Jim works closely with clients to determine the best course of action given the business context and the amount at stake. When circumstances warrant, Jim relies on more than a decade of experience fighting for clients in state and federal courts, through trial and appeal. Jim has broad substantive expertise, ranging from intellectual property (patent, trademark, copyright, and trade secrets), to contracts, shareholder and partnership disputes, and business torts. Jim also has experience dealing with Internet defamation and infringement issues.
Jim believes that lawyers have a responsibility to use their unique skills to help ensure access to the legal system for all. To that end, Jim has dedicated more than 2,000 hours to pro bono work over the course of his career.
Education
- University of Minnesota, J.D., 2001, magna cum laude
- University of Minnesota, B.A., French, 1998, with honors
Bar Admissions
- Minnesota, 2001
- U.S. District Court for the District of Minnesota, 2001
- U.S. Court of Appeals for the Seventh Circuit, 2006
- U.S. Court of Appeals for the Federal Circuit, 2007
- U.S. Court of Appeals for the Eighth Circuit, 2008
Practice Areas
Languages
- French
Representative Experience
Intellectual Property / Non-Competes:
- Jim was a member of the winning trial team in a patent case in the District of Minnesota. Our client, the licensor of technology relating to retaining wall blocks, sued a former producer who had used the client’s technology to produce a competing product. The jury found in favor of our client on all claims. Allan Block Corp. v. E. Dillon & Co., 509 F. Supp. 2d. 795 (D. Minn.).
- Jim represented the inventor of a dog training apparatus in a lawsuit against a much larger company that had begun manufacturing and selling an infringing product. Shortly before trial, the parties reached a settlement under which the defendant agreed to cease manufacturing and selling the infringing product.
- Jim was a member of the winning team in an arbitration between a medical device manufacturer and a former employee. At issue was ownership of valuable know-how and patent rights relating to orbital atherectomy devices. The arbitrator ordered that our client, not the employee, was the rightful owner of the technology.
- Jim represented a family-owned business in trade-secret litigation against a publicly-held company. The case resulted in a substantial settlement for our client.
- Jim represented the licensor of technology in a lawsuit brought by a former distributor. Jim asserted counterclaims on the client’s behalf for breach of a non-competition clause. After obtaining a preliminary injunction prohibiting the improper competition, Jim secured a settlement involving a substantial payment to our client and the dismissal of all claims against it.
Internet
- Jim has helped a several businesses faced with the posting of online defamatory or infringing content. Jim has shut down a number of infringing websites and obtained the prompt removal of defamatory material.
Contracts and Business Torts
- Jim represented a medical device company that was sued by a former distributor claiming millions of dollars in damages for an alleged breach of contract. Jim asserted counterclaims on our client’s behalf for breach of the distributor agreement, as well as for fraud and misrepresentation. After aggressive discovery and successful motion practice, the parties reached a settlement involving a substantial payment to our client and a dismissal of all claims against it.
- Jim represented a printing company in a lawsuit against a former employee and former vendor, based on an improper conspiracy to inflate invoices. While aggressively pursuing this litigation, Jim also filed a proof of claim with our client’s insurance carrier, which initially denied coverage. Using the evidence obtained in discovery, in depositions and through the work of a forensic accountant, Jim ultimately obtained a payment from the insurance carrier totaling more than $1.6 million.
Shareholder Disputes
- Jim represented shareholders in a derivative action against the managers and board of a cooperative regarding their alleged mismanagement. The litigation resulted in a substantial settlement for the shareholders.
- Jim was part of a team representing two of the largest financial contributors to a project to build a beef-processing facility in Huron, South Dakota. Bringing both direct and derivative claims, the contributors alleged that the defendants misled investors, misused investor funds, and mismanaged the financing and construction of the plant. The litigation resulted in a substantial settlement that allowed the contributors to recoup a high percentage of their investment in and loans to the project.
Selected Publications & Presentations
- Panelist, Minnesota CLE’s Intellectual Property Webcast Series: “Death Knell for Patent Trolls: Seagate, Bilski, and KRS Fallout,” March 2009
- Speaker, Fredrikson & Byron’s Litigation Seminar: Attorney-Client Privilege and Electronic Discovery, November 2005
- “Recharacterization from Debt to Equity: Lenders Beware,” co-authored with James H.M. Sprayregen, P.C., and Jonathan Friedland, American Bankruptcy Institute Journal, Vol. XXII, No. 9, November 2003
- “Civil Litigation Notes and Trends” contributor, Bench & Bar of Minnesota
Honors & Distinctions
- Order of the Coif
- 2007 Pro Bono Volunteer of the Year
Community Involvement
- Board Member, Mid-Minnesota Legal Assistance
- Adjunct Faculty, University of Minnesota Law School, Legal Writing and Appellate Advocacy