Assistant: Peggy Curtis, 612.492.7581
“When I was younger, my father’s favorite mantra was ‘Commit yourself to excellence.’ I listened.”
Sten is a skilled litigator whose practice involves representing clients in complex commercial litigation, with an emphasis on data protection, cybersecurity and trade secret theft. Sten has tried cases in both state and federal court and represented clients before various appellate courts.
As co-chair of Fredrikson’s Data Protection & Cybersecurity group, Sten assists clients in protecting their sensitive information from internal and external threats. Sten represents clients in matters involving cybersecurity breaches, misappropriation of confidential and trade secret information, corporate raiding, enforcement of nonsolicitation and noncompete agreements, and violations of the Computer Fraud and Abuse Act. Sten also assists clients with forensic investigations relating to theft of sensitive company information and, where necessary, represents clients in court to recover the stolen information and hold the offending party accountable.
Sten also has a multi-faceted real estate litigation practice. He represents builders, developers, contractors, landlords and property owners in disputes relating to purchase and sale transactions, restrictive covenants, zoning, and conditional-use permitting. He also specializes in construction litigation and regularly represents clients in cases involving construction defects, negligence and breaches of statutory and contractual warranties.
Sten is a shareholder in Fredrikson & Byron’s Litigation group. He was named as a “Rising Star” in 2012, 2013, 2014 and 2015 by Minnesota Super Lawyers magazine based on the recommendation of his peers in the legal profession.
Computer Fraud/Trade Secret Theft
- Represented medical device company in multi-jurisdictional corporate raiding claim. Obtained injunctive relief against former executive who violated non-compete and took trade secret information to a competitor before hiring away numerous other employees, who likewise took trade secret information to the competitor. Successfully resolved case after winning key motions in various jurisdictions.
- Represented food services company in lawsuit against former employees who stole trade secrets and attempted to use them with competitors. Successfully obtained temporary injunction against the former employees and utilized computer forensics to negotiate favorable resolution.
- Represented employee and new employer (software company) in suit brought by former employer alleging numerous claims relating to misappropriation of confidential information and violation of a non-compete agreement by employee. Defeated former employer’s motion for temporary restraining order and subsequently successfully resolved case.
- Served as lead counsel for employers and employees in numerous matters involving claims allegations of trade secret theft, breach of non-competition agreements and breach of non-solicitation agreements.
Real Estate Litigation
- Served as lead counsel for contractor in multi-million dollar construction defect lawsuit brought by condominium association. Successful defeated condominium association’s claims at summary judgment.
- Represented developer and homeowners in ownership lawsuit brought by condominium association. Successfully defeated condominium association’s claims at summary judgment.
- Represented developer in lawsuit brought by homeowners alleging fraud in connection with purchase of townhomes and liability for purported construction defects. Successfully defeated homeowners’ claims at summary judgment.
- Served as lead counsel for major loan servicers in lawsuit brought by mortgagor seeking damages in excess of $1 million for property damage allegedly caused by loan servicer’s agents. Successfully defeated mortgagor’s claims at summary judgment.
- Represented commercial property owner in suit against owner of neighboring parcel for constructing buildings in violation of an operations-and-easements agreement. Obtained temporary restraining order requiring offending building to be brought into compliance and subsequently resolved case.
Business Litigation/Trial Experience
- Represented physician in lawsuit against insurance company for denial of long-term disability benefits. Following a successful jury trial, obtained $1.5 million judgment against insurance company.
- Represented corporation in suit by former employees alleging failure to pay bonuses and severance pursuant to company policy. Following a week-long trial, jury returned a full defense verdict in client’s favor.
- Served as lead counsel for glass-installation company in lawsuit against company that acquired client’s assets and guarantors who failed to make payments pursuant to promissory note and guaranty. Following successful summary judgment motion, obtained judgment for client in total amount of debt, plus interest and attorneys’ fees.
- Served as lead counsel for lender in lawsuit against individual borrower for failure to repay loan that was secured by membership units in company that operated rental property. Following motion to take possession of collateral, successfully negotiated voluntary relinquishment of membership units, giving client control of rental property. Subsequently brought motion for summary judgment against borrower, resulting in judgment against borrower for full amount sought, plus interest and attorneys’ fees.
- Served as lead counsel for company in lawsuit against insurance company that refused to cover damage to client’s property. After defeating insurance company’s motion for summary judgment, successfully negotiated resolution of case.
- Represented a receiver in several lawsuits throughout the country that successfully recovered millions of dollars in fraudulent transfers.
- Served as lead counsel for wind energy company in appeal brought by entities challenging Public Utilities Commission’s decision to grant site permit for wind farm. Successfully argued for dismissal of one entity’s appeal based on jurisdictional defects. Following oral argument on other entity’s appeal, court of appeals issued opinion affirming Public Utilities Commission’s site permit for wind farm.
- Served as lead counsel for adoptive mother in appeal brought by maternal aunt challenging district court’s award of custody to adoptive mother. Following oral argument, court of appeals issued opinion affirming award of custody to adoptive mother.
- Served as lead counsel for animal rights organization in appeal challenging county’s issuance of permit allowing operation of massive puppy mill requiring that dogs having outdoor access be de-barked. Following oral argument, court of appeals issued published opinion finding that county failed to consider whether de-barking the dogs violated Minnesota’s animal welfare laws and striking down the conditional use permit.
- Served as lead counsel for contractor in appeal from district court order for insurer on issue relating to payment under a construction bond.
Articles & Presentations
March 9, 2018
On February 21, the SEC adopted new interpretive guidance (the Guidance) to assist public companies in preparing disclosures about cybersecurity risks and incidents.Read More
July 17, 2017
New cybersecurity regulations impacting broker-dealers and investment advisers in Colorado went into effect over the weekend.Read More
March 10, 2015
It’s an unfortunate fact of modern life—hacks happen. And they will continue to happen. For companies, the risks cybersecurity incidents pose to both business and brand cannot be underestimated. Given the sharp increase in such incidents during 2014—up at least 50 percent, with some experts estimating as many as 42.8 million incidents—there is a growing expectation that companies have the right tools in place to respond effectively.Read More
PUBLICATIONS & PRESENTATIONS
- Co-presenter, “M&A Transactions: Due Diligence, Reps and Warranties Related to Data Privacy and Cybersecurity,” 2018 Midwest Legal Conference on Privacy and Data Security, January 26, 2018
- Co-presenter, "Protecting your practice: A cybersecurity roundtable," BMO Global Asset Management, December 13, 2017
- Presenter, “Cyber Insurance,” Minnesota Bar Association, 2017 Technology Law Institute, November 15, 2017
- Presenter, “A Primer on Cybersecurity Risk Mitigation and Incident Response,” ISBA Business Law Section/University of Iowa College of Law Business Law Symposium, November 3, 2017
- Speaker, “Data Security Series: Developing and Implementing a Data Breach Response Plan - Best Practices to Minimize the Impact of a Breach,” Minnesota CLE, October 17, 2017
- Moderator, “Cybersecurity Risk Management – What Boards Need to Know,” Society for Corporate Governance, Twin Cities Chapter Meeting, October 5, 2017
- Co-presenter, “The Three Most Overlooked Cybersecurity Risks: Human Factors, Information Control and Third-Party Vendors,” Association of Corporate Counsel Minnesota Lunch & Learn, September 12, 2017
- Co-presenter, “Cyber Liability: What the Board Needs to Know,” Minnesota High Tech Association Spring Conference, May 9, 2017
- Panelist, “Practical Steps to Minimize Risks and Respond to Breaches,” Fredrikson & Byron Strategies to Manage Cybersecurity Risks for the Financial Industry Seminar, February 1, 2017
- Co-presenter, “Avoiding an Incident Response Hangover: Data Breaches and Departing Employees,” Cybersecurity and Trade Secrets Group Event, Surly Brewing, May 17, 2016
- Co-presenter, “Insider Threats: Identifying and Deterring Company Information Theft,” Fredrikson & Byron’s 31st Annual Employment & Labor Law Seminar, November 6, 2015
- Co-presenter, “Protecting Your Company From A Cyber Breach: Proactive Steps to Minimize Breach Risks & Impact,” Iowa Association of Corporate Counsel, Corporate Counsel Forum, October 30, 2015
- Presenter, “Developing and Implementing a Data Breach Response Plan: Best Practices to Minimize the Impact of a Breach,” Minnesota CLE, Data Breach Preparedness and Response Seminar, October 2, 2015
- Co-author, “Ten Actions You Can Take Now to Protect Your Company’s Trade Secrets,” Networked Lawyers Blog, May 2015
- Co-presenter, “Protecting Trade Secrets and Confidential Information: What Businesses Can and Should Be Doing from Prevention to Enforcement,” Business Law Institute, May 4, 2015
- Panel Member, “Computer Crime: How Are We Vulnerable?,” Lockton, May 1, 2015
- Co-presenter, “Insulate Your Company from a Cyber Breach - Proactive Steps to Minimize Breach Risks & Impact,” Association of Corporate Counsel - Minnesota Chapter, February 19, 2015
- Panel Member, “Trade Secret Theft from Prevention to Enforcement,” Minnesota IP Institute, September 19, 2014
- Presenter, “Practical Perspectives: Trade Secret Theft from Prevention to Enforcement,” February 27, 2014
- Presenter, “You Love it, You Hate it. Now you Have to Live With it,” William Mitchell College of Law e-Discovery Conference, October 4, 2013
- Presenter, “Data Protection: How Employers Can Ensure a New Hire Isn’t Bringing Data from a Previous Employer,” Association of Corporate Counsel - Minnesota Chapter, October 1, 2013
Honors & Education
- University of Minnesota Law School, J.D., cum laude
- The Colorado College, B.A. Environmental Science, cum laude
- Minnesota, 2006
- New York, 2005
- U.S. District Court, District of Minnesota, 2006
- Eighth Circuit Court of Appeals, 2007
- Minnesota Super Lawyers, Rising Star, 2012-2017
- Minnesota Lawyer, Attorney of the Year, 2015
- Minnesota State Bar Association, North Star Lawyer, 2013-2015
- Minnesota Law Review, Managing Editor 2003-2004; staff member 2002-2003
- Alpha Lambda Delta Honor Society, Member
- Volunteer Lawyers Network, Board Member and Housing Clinic Volunteer
- Federal Bar Association
- Minnesota State Bar Association
- HandsOn Twin Cities, Board Member 2009-2012; Treasurer 2011-2012
- Legal Assistance to Disadvantaged, former Committee Member
- Dedicated more than 50 hours to pro bono matters in each of the past 6 years