Joe is a litigator that combines his legal experience and dedication to client service to help clients resolve their most serious legal problems in all areas of business litigation, including shareholder and partnership disputes, trusts and estates and banking litigation, and appellate practice.
Joe represents clients in federal and state trial and appellate courts across the country. Clients trust Joe to provide zealous advocacy and practical legal advice that takes into account all circumstances underlying their legal disputes. Prior to joining Fredrikson & Byron, Joe served as a judicial law clerk for the Honorable James B. Loken of the United States Court of Appeals for the Eighth Circuit.
- Defended Japanese medical device company in international arbitration arising out of the development of the client’s left ventricular assist system. After discovery, the arbitration was resolved on terms favorable to the client.
- Represented operator of nursing home in southern Minnesota in collection action by the client’s primary lender. Defeated expedited motion to appoint a receiver, after which the matter was resolved by the parties.
- Represented Danish animal feed supplier in U.C.C. warranty lawsuit against distributor and manufacturer of industrial bagging line. Resolved the dispute on favorable terms after discovery.
- Defended central Minnesota HVAC manufacturer / distributor and individual company shareholder in lawsuit arising out of failed asset purchase agreement. Obtained dismissal of claims against individual shareholder on a motion to dismiss. Following motion practice and discovery, the lawsuit was resolved on favorable terms.
- Represents court-appointed receiver in large Ponzi scheme receivership and fraudulent transfer / clawback lawsuits in state and federal courts across the country.
- Served as Assistant Special Counsel to the Office of the Governor during the 2011 Minnesota state government shutdown. Represented the Office of the Governor in district court and special master hearings. In re Gov’t Shutdown Litig., 2011 Minn. Dist. LEXIS 43, 2011 Minn. Dist. LEXIS 44, 2011 Minn. Dist. LEXIS 45, 2011 Minn. Dist. LEXIS 48, 2011 Minn. Dist. LEXIS 59, 2011 Minn. Dist. LEXIS 63, 2011 Minn. Dist. LEXIS 64, 2011 Minn. Dist. LEXIS 69, 2011 Minn. Dist. LEXIS 71, 2011 Minn. Dist. LEXIS 84, 2011 Minn. Dist. LEXIS 89 (Ramsey Cnty., Minn, 2011).
- Represented subcontractor in its Miller Act lawsuit against general contractor and surety in the United States District Court for the Northern District of Georgia. Obtained summary judgment against general contractor and surety. United States ex rel. WFI Georgia, Inc. v. The Gray Ins. Co., 701 F. Supp. 2d 1320 (N.D. Ga. 2010). Successfully defended judgment on appeal in the United States Court of Appeals for the Eleventh Circuit. United States ex rel. Capital Computer Group, LLC v. The Gray Ins. Co., 453 Fed. Appx. 905 (11th Cir. 2011).
- Represented automobile insurer in federal class action lawsuit. Obtained dismissal with prejudice, which was affirmed on appeal.
Shareholder & Partnership Disputes
- Represented former CEO and CFO of Fortune 1000 company in shareholder derivative lawsuit and special litigation committee investigation. After the SLC investigation, the Court dismissed all claims against our clients and the other defendants.
- Represented NYSE MKT listed medical device manufacturer in shareholder dispute arising out contested board election. After extensive discovery and motion practice, including obtaining a court order requiring the opposing shareholders to submit to forensic reviews of their computer systems, the lawsuit was resolved on favorable terms.
- Represented northern Minnesota wholesale grower in closely-held shareholder dispute. Obtained partial summary-judgment and resolved remaining claim on favorable terms.
- Defended several public company clients in shareholder class action lawsuits, including expedited pre-closing / merger proceedings.
Trusts & Estates Litigation
- Represented successor trustee in petition asserting breach of fiduciary duty claims against previous trustee. After discovery, obtained favorable resolution for client.
- Represented personal representative in response to petition challenging distributions from the estate. Resolved petition on favorable terms.
- Represents corporate and individual trustees, personal representatives, and beneficiaries in probate matters in Hennepin, Ramsey, and other Minnesota counties.
Banking & Financial Services Litigation
- Defended Minnesota community bank and bank officers against federal court fraud lawsuit. Obtained summary judgment dismissing all claims with prejudice.
- Represented investment firm in a lawsuit arising out of a fraudulent loan transaction. Obtained emergency relief to secure and transfer title to loan collateral. Obtained summary judgment against defendant company and guarantor.
- Defended Minnesota independent financial advisory company in breach of contract dispute. Obtained favorable resolution following discovery and motion practice.
- Represents financial institutions, ranging from international entities to community banks, in defense and collection matters.
Pro Bono Representation
- Volunteer attorney for Children’s Law Center of Minnesota, 2009-present
- Volunteer attorney for Volunteer Lawyer Network’s Consumer Protection Workshop, 2012-present
Articles & Presentations
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “Documenting the M&A Deal,” Fredrikson & Byron’s Bank and Finance Seminar: Key Developments that Every Banker Should Know, August 20, 2014
Honors & Education
- University of Minnesota Law School, J.D., 2007, magna cum laude
- Creighton University, B.A., 2004, summa cum laude
- Minnesota, 2007
- U.S. Court of Appeals for the Eighth Circuit, 2008
- U.S. District Court for the District of Minnesota, 2008
- U.S. District Court for the District of North Dakota, 2009
- U.S. Court of Appeals for the Third Circuit, 2009
- U.S. Court of Appeals for the Eleventh Circuit, 2010
- Minnesota Super Lawyers, Rising Star, 2013-2017
- Minnesota State Bar Association, North Star Lawyer, 2013-2015, 2017
- Fredrikson & Byron’s Pro Bono Volunteer of the Year, 2014
- Minnesota Law Review, Lead Article Editor, 2006-2007; staff member, 2005-2006
- Order of the Coif
- Clerk, Judge James B. Loken, United States Court of Appeals for the Eighth Circuit, 2007-2008
- Judicial Extern, Judge David S. Doty, United States District Court for the District of Minnesota, 2005
- Director and Co-Vice President, Special Events, Federal Bar Association, Minnesota Chapter
- Adjunct Professor, University of Minnesota Law School, Law in Practice, 2009-2015