Jim offers clients litigation counseling and successful trial strategies.

Overview

Recognized for his litigation skills, Jim represents companies from diverse industries in complex business and commercial litigation, environmental actions, and technical disputes. He excels at the procedural complexities of multiple parties, parallel criminal, regulatory and insurance coverage proceedings, scientific evidence, and expert testimony.

Jim has a winning record with cases that are difficult to prove, due to lost or destroyed evidence, circumstantial claims, or complicated technical and scientific issues. With a roster of cases reaching back more than 30 years, he is committed to helping clients succeed in today’s rapidly changing business, regulatory and technical environment. Jim's ability to assemble and manage teams of attorneys, scientists, engineers and other experts to untangle technical and scientific evidence, and to simplify and explain complicated concepts and evidence are critical to  the success of his clients. 

Experience

His selected representations include:

  • Represented a reinsurance intermediary in the prosecution of conversion of brokerage claims for a $3.9 million jury verdict.
  • Represented a railroad in defense of a CERCLA action involving estimated $200 million cleanup of a former industrial harbor based on events occurring between 1885-1947.
  • Represented a cogeneration power plant operator in arbitration involving complex technical issues over the plant’s inability to supply power after an electrical storm.
  • Represented minority shareholders in a closely held automobile dealership involving challenging family dynamics and valuation issues in the aftermath of the GM bankruptcy.
  • Represented a recording and broadcast studio in a case involving unique challenges posed by the decision to construct a rail line adjacent to an urban recording studio.
  • Represented a health insurer in a rate increase case involving multiple regulatory proceedings.
  • Represented shareholders in the $350 million sale of a private business involving indemnity claims based on the costs of patent infringement litigation.
  • Represented selling shareholders in the trial of a suit to block the $1 billion sale of a telecommunications company.
  • Represented a railroad in the prosecution of claims against a chemical company for solvent contamination two decades after the company’s tank farm was demolished.
  • United States v. Menominee Tribal Enterprises, et al., 601 F. Supp. 2d 1061 (E.D. Wis. 2009) 
  • OnePoint Solutions, LLC v. Borchert, et al., 486 F.3d 342 (8th Cir. 2007)
  • Minnesota Invco of RSA #7, Inc. v. Midwest Wireless Holdings, LLC, 903 A.2d 786 (Del. Ch. 2006)
  • Hibco Supply, Inc. v. Marvin Windows, Inc., No. 98-17362, 213 F.3d 642, 2000 WL 328156 (9th Cir. Mar. 27, 2000) 

News & Insights

Speaking Engagements

Speaker, "Conducting Yourself as a Professional," University SLS CLE Program, January 2016

Speaker and Seminar Co-Chair, "Effective Depositions," Minnesota State Bar Association CLE Programs, October 2004, April 2007, February 2011, August 2015 & September 2018

Speaker, "Rule 1.6 and a Deeper Look at Attorney-Client Privilege for Business Lawyers," presented at the SLS Business Law Update, March 2014 

Publications

Co-Author, "Consequential, Special, and Incidental Damages," Minnesota State Bar Association Deskbook on Business Disputes: Claims & Remedies (2d ed. 2015 & update 2017 and 2019)

Co-Author, "False Statements in a Business Context: Business Defamation, Product Disparagement, and False Advertising," Minnesota State Bar Association Deskbook on Business Disputes: Claims & Remedies (2d ed. 2015 & update 2017 and 2019) [originally published as Minnesota Business Torts (1st ed. 2008 & updates 2011 and 2013)]

Co-Author, "Real-Life M & A Indemnity Claims: Handling Litigation," presented at the Minnesota State Bar Association CLE Program on Remedies & Damages in Commercial Litigation, April 2014, and the Minnesota State Bar Association Business Law Institute, May 2015

Co-Author, "Update on Attorney-Client Privilege: Pitfalls and Practice Pointers for In-House Counsel and Business Lawyers," presented at the Minnesota State Bar Association Business Law Institute, May 2014

Co-Author, "Limitations on Damages: What’s at Stake When Disclaiming Consequential, Special, and Incidental Damages?," presented at the Minnesota State Bar Association Business Law Institute, May 2013

Recognitions

Recognitions

Named among The Best Lawyers in America® in the areas of commercial litigation and intellectual property litigation

Ranked a AV® Preeminent™ rating (highest rating in legal ability and ethical standards) from Martindale-Hubbell®

Professional & Civic Activities

Professional & Civic Activities

American Bar Association

Minnesota State Bar Association

Hennepin County Bar Association

Admissions

  • Minnesota
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the District of North Dakota
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Federal Claims
  • U.S. Tax Court

Education

University of Chicago Law School, J.D., cum laude, 1980

  • Order of the Coif

Michigan State University, B.A., with high honors, 1973

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