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 appears regularly in state and federal courts, and bankruptcy courts in Minnesota and elsewhere. She has also handled cases before the Trademark Trial and Appeal Board. 

Ms. Moyer has handled a broad array of disputes, including cases involving allegations of patent, copyright, and trademark infringement; software licensing disputes, including disputes with the Business Software Alliance; and health care provider licensing disputes, including appearing before various licensing boards (medical, dental, nursing, etc.).

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. 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:

• 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.
• Successfully settled commercial breach of contract case involving allegations of copyright infringement and work-for-hire doctrine.
• 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.
• Won dismissal of copyright infringement case involving development of computer software program.
• Successfully argued motion obtaining preliminary injunction on claims of copyright infringement and trademark infringement against former officer, director and shareholder of closely-held corporation.
• 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

• “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
• “Famous Folks in Litigation,” Fredrikson & Byron’s Trademark Topics^SM, June 2009
• “Key Word Advertising – Google in the Hot Seat,” Fredrikson & Byron’s Trademark Topics^SM, May 2009
• “Take Care When Choosing Words For Sponsored Links,” Fredrikson & Byron’s Trademark Topics^SM, September 2008
• 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, Litigation Section, Health Law Section, Committee on Corporate Counsel, Woman Advocate Committee
• Minnesota State Bar Association
• Federal Bar Association
• Hennepin County Bar Association, Civil Litigation Section, Member

Community Involvement

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