Dave has over 40 years’ experience in business and employment litigation, contract disputes, fraud and misrepresentation, defense of medical professionals, non-competes, and trade secrets.
Dave has successfully tried many cases in state and federal trial and appellate courts. In addition, Dave has significant experience in complex administrative litigation, before both federal and state agencies.
For decades he has defended medical professionals in court and before professional licensing bodies.
Dave has represented both employees and employers on non-compete cases, as well as speaking and writing extensively on non-competes and trade secrets.
Defense of Medical Professionals
For over 35 years Dave has successfully represented doctors and other medical professionals in a wide variety of forums, including malpractice cases, hospital credentialing disputes, peer review proceedings and medical licensing cases.
- The licensing boards of two Midwestern states attempted to discipline a well-known surgeon as a result of alleged improper behavior years ago.
- Dave was able to convince one of the state boards that the doctor’s conduct did not justify any disciplinary action. However, the other state insisted that his license be suspended.
- Dave tried the case before an administrative law judge and was able to convince the judge that there were no grounds to impose discipline on the physician. Our witnesses included numerous colleagues, patients and experts who testified favorably on behalf of our physician.
- Following the hearing, the surgeon was able to maintain his license in good standing, and today he continues his successful practice.
Employment, Non-Competes & Trade Secrets
One of Dave’s primary areas of focus has been employment litigation, often involving non-competes and trade secret disputes. Dave has successfully handled cases for both employers and employees. He is a regular speaker on legal issues relating to employment and non-competes.
- The client, a manufacturing company, was accused of hiring a talented engineer away from a competitor, in violation of a non-compete agreement. The former employer also alleged that the employee stole trade secrets and proprietary information.
- An investigation revealed that the non-compete agreement was defective. In addition, the employee had not taken any trade secrets or confidential information. David convinced the court to completely dismiss the plaintiff’s case. The client was able to continue in business, with the new employee playing a vital role in the company’s success.
Dave focuses much of his practice on business disputes, including contract, fraud and misrepresentation, and shareholder disputes. He has prosecuted and defended commercial cases since the early 1980s.
- A major agricultural company was sued by a contractor, alleging that the client had failed to pay the amounts due under a construction contract. David concluded that the plaintiff’s interpretation of the contract was incorrect. David was able to convince the court to grant summary judgment and to hold that the contractor had been paid in full. The court agreed completely with David’s interpretation of the contract language.
- The losing plaintiff appealed all the way to the state Supreme Court, which unanimously affirmed David’s victory.
Administrative litigation often poses unique challenges not found in state and federal lawsuits. Dave has extensive experience litigating before administrative tribunals, having tried cases before state and federal administrative agencies for several decades. He has had excellent results before administrative agencies and administrative law judges.
Articles & Presentations
PUBLICATIONS & PRESENTATIONS
- “The BME Complaint Review Process: A Physician’s Guide,” co-authored with Ruth Martinez, MA, Minnesota Physician, July 2018
- Presenter, “Top 10 Tips for Practicing Before the Health Licensing Boards,” Hamline University Health Law Institute, January 29, 2014
- “Emerging Topics in Non-Compete Law,” Fredrikson & Byron’s 29th Annual Employment & Labor Law Seminar, November 6, 2013
- “Noncompetes for Health Care Professionals,” Fredrikson & Byron’s 28th Annual Employment & Labor Law Seminar, November 7, 2012
- “Noncompete Enforcement to Protect Your Company’s Valuable Assets,” Fredrikson & Byron’s 26th Annual Employment & Labor Law Seminar, October 7, 2010
- Speaker, “Medical Board Investigations: What To Do When the Prosecutor, Judge, and Jury Are One and the Same,” Health Law Webinar Series, April 14, 2010
- Facilitator, “Court Trials vs. Jury Trials,” Candid Conversations between the Bench & Bar, Hennepin County Bar Association CLE, March 4, 2010
- Speaker/Presenter, “Independent Medical Exams,” Fredrikson & Byron’s 25th Annual Employment & Labor Law Seminar, October 8, 2009
- Speaker, “Negligent Credentialing After Larson v. Wasemiller: How Slippery a Slope?, 2008 Health Law Institute, June 13, 2008
- Speaker, “Negligent Credentialing Presentation, MAMSS, May 5, 2008
- Speaker, “Key Workplace Issues for Healthcare Employers,” Health Law Webinar Series, November 14, 2007
- Speaker, “Technology vs. Employee Privacy,” Fredrikson & Byron’s 23rd Annual Employment & Labor Law Seminar, October 11, 2007
- Speaker, “Transition into Practice: Contracts and Legal Considerations,” Minnesota Psychiatry Society’s Life After Residency: A Discussion from Many Perspectives, June 13, 2006
- Speaker, “Attorney-Client Privilege and Electronic Discovery,” Fredrikson & Byron’s Annual Employment and Labor Law Seminar, November 2005
- Speaker, “Anatomy of an Employment Lawsuit,” Fredrikson & Byron’s Annual Employment and Labor Law Seminar, October 2005
- Speaker, “Employment Issues for Corporate Lawyers,” Fredrikson & Byron’s Annual Employment and Labor Law Seminar, June 8, 2004
- Speaker, “Represent Professionals Before State Licensing Boards,” HCBA Seminar, January 15, 2002
- Speaker, “Clinic: Board of Medical Practice/Board of Medical Examiners Issues,” HCBA Seminar, April 17, 2001
- Speaker, “Enforcing and Challenging Non-Competition Agreements,” Fredrikson & Byron’s Annual Employment and Labor Law Seminar, 2001
- “Peer Review: Can the Board of Medical Practice Subpoena Your Files?,” co-authored with Lora Friedemann, Margo S. Struters, Kari L. Wraspir, and Rebecca Egge Moos, Minnesota Medicine, November 2000
- Speaker, “Dealing with the Board of Medical Examiners and Minnesota PRO,” Clinic Risk Management, Peer Review and Defense of Government Investigations: What to do when bad things happen to good people, MMGMA Spring Seminar, April 19, 1991
Honors & Education
- University of Wisconsin Law School, J.D., 1981, cum laude
- Cornell University, B.A., English Literature, 1978, cum laude
- Minnesota, 1982
- Wisconsin, 1981
- U.S. Court of Appeals, Seventh, Eighth and Ninth Circuits
- U.S. District Courts for the State of Minnesota
- U.S. District Courts for the Eastern and Western Districts of Wisconsin
- U.S. District Court for the District of North Dakota
- U.S. District Court for the Northern District of Illinois
- U.S. Supreme Court
- Minnesota State Bar Association, Pro Bono All Star, 2020
- The Best Lawyers in America, Commercial Litigation, 2020-present
- Best Lawyer in Minnesota, Minnesota Monthly, 2020
- Minnesota State Bar Association, North Star Lawyer, 2012-2020
- Top Rated Lawyer in Health Care by American Lawyer Media and Martindale-Hubbell
- Top Rated Lawyer in Employment Law by American Lawyer Media and Martindale-Hubbell
- Martindale-Hubbell, AV® Peer Review Rated
- Minnesota Psychiatric Society Corporate Service Award, June 2000
- Eagle Scout
- National Merit Scholar
- American Bar Association
- Member, Minnesota State Bar Association, Health Law Section
- Member, Hennepin County Bar Association, Bench and Bar Committee
- State Bar of Wisconsin
- Chairperson, Hennepin County Legal Advice Clinics, Ltd. Board of Directors
- Secretary, Fredrikson & Byron, P.A., Board of Directors
- The Fredrikson & Byron Foundation Board of Directors, 2000-2010
- Judicial Clerkship, Chief Justice Bruce Beilfuss, Wisconsin Supreme Court, 1981-82
- President, Vice President and Board Member, FCRSA, Inc.
- President, Board Member, UMFCR, Inc.
- President, Board Member, FCRF, Inc.
- Advisory Board Member, Mitchell Hamline Health Law Institute