Introduction

As a litigator, Cindy partners with business clients to enforce and protect their intellectual property (trademarks and copyrights) and rights under large commercial or construction contracts, through trial work and dispute resolution. She has been lead counsel in construction arbitration cases, and 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 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 Arkansas, Iowa, Louisiana, Ohio, Pennsylvania, South Carolina, South Dakota, and Wisconsin. She also regularly handles cases before the Trademark Trial and Appeal Board. She serves as co-Chair of the Firm’s Electronic Discovery Resources Group.

She also litigates with the Bankruptcy and Restructuring Group, working closely with distressed businesses and individuals in contested matters in bankruptcy court. She has handled all aspects of Chapter 11 debtor representation and preference litigation, and has appeared regularly in the United States Bankruptcy Court for the District of Minnesota.

In addition to her practice, Cindy 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 immigration law. 

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:

• Multiple representations of electrical substation contractor in litigated matters in state and federal courts.
• Multiple representations of pipeline owner in litigated and negotiated matters, including achieving a multi-million dollar settlement after one-week AAA arbitration in pipeline 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

• Presenter, Chapter 11 Bankruptcy, MCLE Webcast, January 2013
• 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”), Minnesota Chapter, Board Member and Programming Chair

Community Involvement

• Board Member: Children’s Law Center of Minnesota
• Founder, Minnesota E-Discovery Working Group
• 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