Introduction

Ms. Moyer is a shareholder at Fredrikson & Byron. She co-chairs the Electronic Discovery Resources Group and practices in the Bankruptcy and Restructuring Group and the Business Litigation Group. Her bankruptcy practice involves all aspects of Chapter 11 debtor representation and preference litigation. Her business litigation practice involves complex commercial litigation and arbitration, often in cases involving intellectual property or large commercial contracts. 

Ms. Moyer has appeared numerous times in the state courts of Minnesota, including arguing in the Minnesota Court of Appeals and the Minnesota Supreme Court. She also regularly appears in the United States Bankruptcy Court of the District of Minnesota, and the United States District Court for the District of Minnesota. In addition, she has argued appeals in the United States Courts of Appeal for the Sixth and Eighth Circuits, and appeared in federal courts in the Eastern District of Arkansas, the Middle District of Louisiana, the Southern District of Ohio, the Western District of Pennsylvania, the District of South Carolina, the District of South Dakota, and the Western District of Wisconsin. She has also handled cases before the Trademark Trial and Appeal Board.

In addition to her practice, Ms. Moyer is active in the Twin Cities pro bono community. She currently serves as Chair of Fredrikson’s Pro Bono Committee. And she also serves on the Boards of the Fund for the Legal Aid Society and the Children’s Law Center. She has previously served as President of the Boards of Volunteer Lawyers Network and the Legal Aid Society of Minneapolis. She has represented pro bono clients in a whole host of different areas ranging from consumer issues to family law issues, and most recently she has worked in the immigration area, representing clients who are appealing deportation orders. 

Education

• Harvard Law School, J.D., 1990
• University of Minnesota, B.S., Economics, 1987, summa cum laude

Bar Admissions

• Minnesota, October 1990
• U.S. District Court for the District of Minnesota, January 1991
• U.S. District Court for the Western District of Wisconsin
• U.S. Court of Appeals for the Sixth Circuit, July 2008
• U.S. Court of Appeals for the Eighth Circuit, January 1995
• U.S. Supreme Court, January 2001

Practice Areas

• Bankruptcy, Restructuring & Workouts
• Litigation
• Electronic Discovery Resources, Co-Chair
• Appellate
• Intellectual Property Litigation
• Copyrights
• Advertising, Marketing & Trademark Law

Representative Experience

Bankruptcy and Restructuring:

• Handled contested confirmation hearing (cram-down plan) (D. Minn.).
• Was key member of team that handled multi-day contested 363 sale hearing (S.D. Ohio).
• Have handled all aspects of first day motions.
• Handled appeals from Bankruptcy Court to District Court and BAP; and appeals to appellate courts.
• Have managed preference cases from start to finish, including contested trials on preference matters.

Business Litigation/IP Litigation:

• Achieved a multi-million dollar settlement for client after one-week AAA arbitration in engineering design malpractice case.
• Defeated motion for TRO (temporary restraining order) brought against shareholders of a closely-held corporation seeking to stop a reverse-triangular merger, resulting in a favorable settlement (D.Minn.).
• Successfully settled commercial breach of contract case involving allegations of copyright infringement and work-for-hire doctrine (D.S.D.).
• Successfully represented parent corporation against claims of piercing-the-corporate veil and breach of fiduciary duty brought by trade creditors of subsidiary.
• Defeated motion for preliminary injunction in federal court, preventing competitor from obtaining valuable client information (D.S.C.).
• Won dismissal of copyright infringement case involving development of computer software program (W.D.Pa.).
• Successfully argued motion obtaining preliminary injunction on claims of copyright infringement and trademark infringement against former officer, director and shareholder of closely-held corporation (D.Minn.).
• Won multiple settlements for architect/builder client in copyright infringement litigation.
• Handled all aspects of trademark opposition proceedings before the TTAB.
• Achieved court order to shut down website misdirecting Internet traffic to competitor’s website through “typo-squatting.”
• Defended international publisher in multiple copyright infringement lawsuits and achieved favorable settlements.

Selected Publications & Presentations

• Co-author, “Chapter 11 in Minnesota”, chapter in Bankruptcy Practice in Minnesota, new Minnesota Continuing Legal Education Deskbook, June, 2012
• “Texas Court Rules Defendants Had No Duty to Preserve Back-Up Tapes,” July 2011
• “The Rambus Decisions: Pre-Litigation Strategy Can Be Grounds for Spoliation Sanctions, Including Dismissal,” May 2011
• “Software Glitch, Resulting in Inadvertent Disclosure, Does Not Waive Privilege,” May 2011
• “Consequence for Failure to Impose a Litigation Hold – Monetary Sanctions and More,” April 2011
• Co author, “Spoliation of Electronic Evidence: A Judicial Boiling Point?”, Pretrial Practice & Discovery, Volume 18, Number 4, Summer 2010, American Bar Association
• “Brand Battles^SM - Trademark Disputes of Interest,” co-authored with Dean Karau, Fredrikson & Byron’s Trademark Topics^SM, August 2009
• Presenter, “When Facebook, YouTube and Wikipedia Attack: Protecting Your Brand,” Fredrikson & Byron Franchise Seminar, July 22, 2009
• Presenter, “The Life of a Lawsuit: Session 2, Discovery Phase,” MNACCA Series, July 16, 2009
• “New Battle Over Google Key Word Advertising,” Fredrikson & Byron’s Trademark Topics^SM, June 2009
• Speaker, 1st Annual MCLE Seminar entitled “Minnesota Business Torts Deskbook,” March 7, 2008
• Author of Chapter entitled, “Conversion” in the Minnesota Business Torts Deskbook
• Speaker, Fredrikson & Byron’s eDiscovery Summit, December 6, 2007
• Article: “Off-Label Use and the Medical Negligence Standard Under Minnesota Law,” 31 Wm. Mitchell L. Rev. 927 (2005)

Professional Activities

• American Bar Association, Business Law Section, Litigation Section, Woman Advocate Committee
• Minnesota State Bar Association, Bankruptcy Section
• Hennepin County Bar Association, Civil Litigation Section, Member
• International Women’s Insolvency and Restructuring Confederation (“IWIRC”), Member

Community Involvement

• Board Member: Fund for the Legal Society of Minneapolis
• Former Board Member: Minnesota State Bar Foundation, June 2002 - June 2008
• Former Board Member and Former Chair: Hennepin County Volunteer Lawyers Network
• Former Board Member and Past President: Legal Aid Society of Minneapolis
• Former Board Member:  Mid-Minnesota Legal Assistance
• Legal Writing Instructor, University of Minnesota Law School, 1994-1996, 1997-1998
• Contributing Editor, Bench & Bar, Civil Litigation Notes and Trends Column, 1994-2000