Fredrikson & Byron, P.A. - Todd Wind

Introduction - Litigation Bio

Todd Wind is a shareholder and co-chair of Fredrikson & Byron’s Litigation Group. He also serves as President of Fredrikson & Byron’s charitable foundation. Todd was appointed by the Minnesota Supreme Court as the Chair of the 4th District Ethics Committee.

Todd’s practice includes antitrust and trade regulation, government investigations and actions, employment litigation, commercial torts including defamation, libel and slander, and a variety of other business disputes.

Todd is a trial lawyer, who over the past 21 years, has tried numerous cases in state and federal courts to both judges and juries. He has argued appeals at both the state and federal level. Todd also has significant arbitration experience, including both domestic and international proceedings.

Education

Indiana University Law School, J.D., 1988, cum laude
Miami University (Oxford, Ohio), A.B. Economics, 1985

Bar Admissions

Minnesota, 1988
U.S. District Court for the District of Minnesota, 1988
United States Supreme Court, 1997

Practice Areas

Representative Experience

Antitrust and Trade Regulation

Todd has represented clients in a broad range of industries in virtually every aspect of antitrust and trade regulation. In addition to advising clients on the potential competitive implications of joint ventures and acquisitions, Todd has been involved in investigations initiated by the Department of Justice, the Minnesota Attorney General and in state and federal private actions.

In re Brand Name Prescription Drug Antitrust Litigation: Represented three pharmaceutical manufacturers in parallel state and federal class action proceedings alleging price fixing and market allocation under Section 1 of the Sherman Act.
In re Milk Products Antitrust Litigation: Represented dairy products manufacturer in investigations by the U.S. Department of Justice and the Minnesota Attorney General and in parallel state and federal court class action cases brought by consumers and retailers. Todd assisted the company in responding to DOJ subpoenas and Civil Investigative Demands served by the Minnesota Attorney General’s office. Our client was never charged with any wrongdoing in connection with these investigations. The Court denied class certification in both the state and federal class action proceedings. See 195 F.3d 430 (8th Cir. 1999).
In re Vitamins Antitrust Litigation: Todd represented a foreign based vitamin manufacturer in multiple state court cases alleging price fixing and territory allocation related to the sale and distribution of vitamins. Todd was appointed by the Court as liaison counsel for the defendants in the coordinated proceeding.
HDC Medical, Inc. v. Minntech Corp., 411 F.Supp.2d 1096, 2006 WL 212191 (D. Minn): Represented manufacturer of kidney dialysis related products in action brought by a competitor. The competitor made a variety of allegations including tying, illegal monopolization and monopoly leveraging. The plaintiff sought damages of $21 million. The case was dismissed on summary judgment and Todd recently argued the matter before the 8th Circuit Court of Appeals. The Court affirmed the dismissal of the case. 474 F.3d 543, 2007 WL 174398.
Ace Pro Sound & Recording LLC v. Guitar Center et al: Todd is currently representing a sound equipment manufacturer in a class action proceeding in the United States District Court for the Southern District of Florida. The plaintiffs allege illegal boycott and conspiracy to restrain trade in violation of Section 1 of the Sherman Act. Plaintiffs claim damages of more than $1 Billion.
Wilson Learning Co. v. Schlechte: Represented Wilson Learning Co. in a contract claim against a former distributor. The defendant alleged several antitrust counterclaims. Todd was successful in obtaining dismissal of the antitrust claims on a motion to dismiss.
Hartmann v. Northern Services, Inc., 1996 WL 438810: Represented chiropractic clinic operator in antitrust action brought by two competing chiropractors. The plaintiffs alleged that our client participated in an illegal boycott and that the result was an illegal monopoly. The plaintiffs’ case was dismissed on summary judgment. The matter was appealed and the dismissal was affirmed by the Minnesota Court of Appeals.
Represented developer and mortgage broker in multiple proceedings initiated by the Minnesota Attorney General’s office alleging consumer fraud, false advertising and deceptive trade practices. Todd tried 26 separate arbitrations and a court trial in these matters.

Employment, Defamation and other Business Torts

Todd has represented businesses in cases involving a variety of employment discrimination and defamation claims.

Represented a tour operator in defamation claim against a competitor who had sent anonymous defamatory messages via email. Todd was successful in commencing the action as a “John Doe” proceeding and obtaining the true identity of the competitor Thereafter the competitor agreed to publish a full retraction and apology along with full payment of legal fees.
Defended a medical group in defamation action brought by a former member of the group and current competitor. The claims were based on business defamation (defamation per se) and violation of a contractual non-disparagement agreement.
Represented software company in discrimination claim (age and gender) brought by terminated employee. Todd was successful in obtaining dismissal of all claims. Plaintiff appealed the matter and the Court of Appeals affirmed. 2006 WL 1073072.
Represented hospital/ambulance company in action brought by an employee who claimed she was forced to quit her job due to a “hostile work environment.” The plaintiff alleged sexual harassment and retaliation, among other claims. Todd obtained dismissal of the case on summary judgment.
Todd represented a bottling company in an age discrimination action brought by a former employee. The case was tried in state court and the company prevailed.
Represented individual and his new employer in an action brought by the individual’s former employer. The former employer alleged violation of a non-compete agreement, tortious interference with contract and defamation. The case was tried before a jury and the defendants prevailed.
Represented a manufacturer of drain tile systems in a defamation case against a competitor. The claim asserted on behalf of our client was based on business and professional defamation (defamation per se).
Represented provider of physical therapy services in action by a competitor. The competitor alleged tortious interference with contract, fraud and other business torts. Todd successfully obtained dismissal on summary judgment.
Represented manager of chiropractic network in antitrust and defamation case brought by two chiropractors who were formerly part of the network. The plaintiffs also alleged tortious interference with contract, RICO and restraint of trade. The Court granted summary judgment in favor of the network manager and the plaintiffs appealed. The Court of Appeals affirmed dismissal of all claims and the plaintiffs sought review by the United States Supreme Court. The Supreme Court denied review.

Constitutional and Land Use Matters:

Todd has been involved in various land use matters including challenges to zoning ordinances and the issuance of conditional use permits that raise constitutional issues. Representative matters include:

Todd represented a Church in an action by a group of citizens challenging the Church’s decision to construct a transitional housing facility on its property. The issues involved zoning ordinances, conditional use permits and the constitutionality of certain land use decisions.
Todd represented a library and museum in a zoning related dispute brought by a neighboring landowner objecting to the museum’s plans for expansion. The neighbor challenged the use within the particular zoning classification. The museum/library prevailed on summary judgment. The matter was appealed by the neighboring landowner and the Court of Appeals affirmed. 1997 WL 733635
Represented a developer in an action brought by a competing developer. The plaintiff alleged violation of RICO and a variety of business torts including tortious interference with economic advantage. 156 F.R.D. 173 (D. Minn. 1996).
Represented a landowner in action against county based on denial of a building permit. The state district court ruled that our client had the right to the building permits and ordered the county to issue them. The county appealed and the Court of Appeals affirmed the trial court’s decision. 2000 WL 1341458.

Professional Activities

MSBA Antitrust Section - Member (Chair 2000)
Member, Minnesota Lawyers Professional Responsibility Board
Hennepin County Bar Association, Ethics Committee - Chair, 2004-2010

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