Todd focuses his practice on contract litigation, corporate governance and shareholder disputes, securities litigation and broker/dealer claims, real estate litigation and other business disputes.
Todd handles a wide range of commercial litigation matters and related business transactions. He has also handled several products liability matters, real estate disputes, securities claims, and closely held business issues.
Todd has a particular focus on matters for his financial services clients, including loan restructurings and workouts, litigation, and privacy issues.
Todd’s background as a Certified Public Accountant (CPA) is valuable in representing his business clients in a number of different industries including financial services, manufacturing and distribution, computer software and consulting, real estate, agriculture and insurance.
- Defended multiple cases for a publicly held client obtaining favorable trial verdicts, summary judgment rulings and settlements.
- Represented a municipal public service entity in successfully resolving its claims against multiple service providers and product vendors.
- Successfully litigated several real estate disputes and addressed multiple loan workout and foreclosure matters.
- Obtained a defense ruling at the close of trial on partnership and professional malpractice claims.
- Successfully represented several national broker/dealers in arbitration and litigation matters.
- Successfully defended a national insurance company in real estate litigation involving a variety of contractual theories.
- Restructured and successfully worked-out several multimillion dollar loan and bond issue defaults for a national bank holding company.
- Successfully defended a German manufacturing company in an action brought by a large customer alleging breaches of warranty and misrepresentation.
- Secured a substantial settlement based upon claims of breach of fiduciary duty and misappropriation of trade secrets by a former officer of a manufacturing client.
- Successfully restructured and obtained payment in full for a financial services client facing various defaults on a $17 million secured loan and line of credit.
- Obtained a substantial settlement for a client against a competitor based on claims that the competitor had improperly obtained trade secrets and other proprietary information from an officer of the client.
- Successfully represented several different broker/dealers against customer claims and claims by regulatory authorities.
- Obtained a substantial settlement for a regional seed company based on claims against a foreign supplier of hybrid seed products.
- Advised a Canadian client regarding U.S. business operations and structured its U.S. business organization and contractual matters.
- Negotiated and structured the sale of a local bank to a regional bank holding company.
- Successfully represented a financial services company and its affiliates in privacy litigation.
- Advised several clients regarding federal and state privacy issues and assisted in structuring their business affiliations and transactions to ensure compliance.
- Represented a venture capital fund in structuring investments.
- Successfully represented a regional financial services company regarding disputes with the Small Business Administration.
- Successfully represented an accounting software provider in several matters alleging breach of warranty, breach of contract and related tort theories.
- Successfully defended a financial services company in an environmental claim asserted after the client commenced foreclosure proceedings on what was later found to be a contaminated site.
- Successfully represented an agriculture processing company in disputes regarding its waste water discharge and impact on surrounding properties.
- Represented a manufacturing client in multi-state asbestos litigation.
- Successfully represented a national company in obtaining local and state permits to operate a business which extracts precious metals from industrial solvents.
Articles & Presentations
PUBLICATIONS & PRESENTATIONS
- “What do Companies that Develop Formulas, Devices, Etc. Have in Common?” co-authored with Abigale Griffin, Fargo INC!, February 2020
- “Don’t Lose a Legal Battle Before Entering the Ring,” co-authored with Brandt Doerr, Fargo INC!, August 2018
Honors & Education
- University of Minnesota Law School, J.D., 1990, magna cum laude
- University of North Dakota, B.B.A., Accounting, 1987, summa cum laude
- North Dakota
- U.S. District Courts for North Dakota
- U.S. District Courts for Minnesota
- U.S. Court of Appeals for the Eighth Circuit
- Minnesota Law & Politics, Super Lawyer, 2006-present
- Great Plains Super Lawyers, Super Lawyer—Business Litigation, 2007-present
- Chambers USA: America’s Leading Lawyers for Business, 2005-present
- Best Lawyers’ “Lawyer of the Year” in Fargo Product Liability Litigation – Defendants, 2015 and 2017
- Best Lawyers’ “Lawyer of the Year” in Fargo Commercial Litigation, 2016
- Best Lawyers’ “Lawyer of the Year” in Fargo Bet-the-Company Litigation, 2021
- The Best Lawyers in America, Commercial Litigation, 2007-present; Litigation – Banking and Finance, Litigation – Real Estate, Litigation – Securities, and Product Liability Litigation – Defendants, 2011-present; Bet-the-Company Litigation, 2019-present
- Order of the Coif
- Fellow, International Society of Barristers
- Member, North Dakota State Bar Association
- Member, Cass County Bar Association
- Member, Minnesota State Bar Association
- Member, American Bar Association, Litigation Section