Introduction
Jeffrey is a shareholder in Fredrikson & Byron’s Litigation Group. Jeffrey’s practice centers on resolving business disputes. Jeffrey has successfully resolved, sometimes through trial or arbitration, numerous UCC cases, shareholder disputes, and trade-secret cases. Furthermore, Jeffrey understands that managing litigation for a business involves controlling costs, assessing risk, and providing practical solutions.
Jeffrey not only litigates trade-secret cases, but also provides clients with proactive advice on how to protect their trade secrets and avoid trade-secret claims. Likewise, Jeffrey leverages his UCC litigation experience to provide clients with advice that protects their rights and limits their liability. Jeffrey’s advice reflects his real world experience of what actually is decisive with judges and juries.
Jeffrey’s experience in shareholder litigation has involved everything from representing large institutional investors who invested in companies involving numerous shareholders to representing individual shareholders in closely-held companies. Jeffrey’s experience includes both direct and derivative claims and both defense and plaintiff work.
The size and scope of his clients have ranged from start-up companies in the transportation industry to market leaders in the agriculture-processing business. Jeffrey also works with franchisees to provide them with the same quality legal advice that is usually available only to franchisors.
Education
- University of Minnesota, J.D., 1996, cum laude
- University of South Dakota, B.A., Political Science and Economics, 1992, cum laude, university scholar
Bar Admissions
- Minnesota, 1996
- South Dakota, 1997
- U.S. District Court, District of Minnesota
- U.S. District Court, District of South Dakota
- U.S. Court of Appeals, Eighth Circuit
Practice Areas
- Litigation
- Shareholder Disputes
- Franchise
- Agribusiness & Cooperatives
- Non-Competes & Trade Secrets
- Commercial Law
Representative Experience
Trade Secret Litigation
- Jeffrey represented a software executive and a software engineer in a claim brought against them by their former employer for breach of fiduciary duty and theft of trade secrets. Jeffrey won summary judgment for the defendants, absolving them of all liability.
- Jeffrey represented a family-owned business in trade-secret litigation against a publicly-held company. The case resulted in a substantial settlement for Jeffrey’s client.
Complex Equipment/UCC Article 2 Litigation
- Jeffrey represented the purchaser of packaging equipment who claimed the equipment was defective. Jeffrey won a judgment for the entire amount sought by the plaintiff.
- Jeffrey defended a packaging equipment manufacturer against a claim brought by the purchaser that the equipment was defective. The arbitrators not only rejected the purchaser’s $3 million claim, they also awarded Jeffrey’s client the unpaid balance of the equipment price.
Shareholder Litigation
- Jeffrey represented a minority shareholder who was managing the
- Jeffrey 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.
- Jeffrey represented two of the largest financial contributors to a project to build a beef-processing facility in Huron,
- Jeffrey represented the minority unitholder in a limited liability company. Through preparing a detailed complaint and tough negotiations, Jeffrey was able to get the minority shareholder’s entire investment back.
Other Experience
- Jeffrey represented the sellers of a corporation in a series of lawsuits against the purchaser and series of entities that the purchaser fraudulently transferred assets to. As a result of the litigation, the purchaser was forced to return assets to the sellers and make a series of cash payments that not only satisfied the amounts owed to the sellers, but also covered a significant portion of the sellers’ legal fees.
- Jeffrey represents a variety of franchisees in the It’s Just Lunch™ franchise system, including the largest franchisee. Jeffrey works with the franchisees on franchise law, employment issues, and client issues.
Selected Publications & Presentations
- Presentation: “Ten Questions About Non-Compete Agreements Every Company Should Know How to Answer,” The Fredrikson & Byron Annual Employment & Labor Law Seminar, October 2010
- Presentation: “The Departing Employee and Your Intellectual Property – 8 Safeguards Every Company Needs to Have in Place,” Minnesota State Bar Association, The 2006 Midwest Intellectual Property Institute, Minneapolis, September 25, 2006
- “Trade Secret Theft: Mishandling confidential information can plague a company from hiring to firing. Here’s how to avoid problems,” Human Resources 2006, Chapter 10, Summer Edition
- "The Secrets of Trade Secrets: Protecting Your Company's Trade Secrets and Protecting Your Company Against Trade-Secret Claims," Privacy & Data Security Law Journal, November 2005
- "Ensure Your Company's Future: Minimize Trade-Secret Risks," Minneapolis-St. Paul Business Journal, November 18, 2005
- Speaker, Fredrikson & Byron’s Annual Employment and Labor Law Seminar, October 2005
- "Limits of Urban Redevelopment? Kelo, Walser, and Condemnation in Minnesota," co-authored with Melissa A. Baer, Bench & Bar, August 2005
- Speaker, Fredrikson & Byron’s Litigation Seminar: The Secrets of Trade Secrets, May 2005
Professional Activities
- American Bar Association
- Minnesota State Bar Association
- State Bar of South Dakota
- Hennepin County Bar Association
Honors & Distinctions
- Received 2006 Elmer H. Wiblishauser Author's Award
- Named Rising Star in Minnesota Law & Politics
- Instructor at the Louisiana State University Trial Advocacy Program