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Aimée D. Dayhoff

Each decision has to be the best one for your business – there is no universal right answer.

Contact: P /612.604.6444E /[email protected]

Education

William Mitchell College of Law, J.D., magna cum laude, 2002

• Member, William Mitchell Law Review, 2000-2001
• Assistant Editor, William Mitchell Law Review, 2001-2002
• Burton Brief Award, 2000

Indiana University, B.A., Political Science & French, honors notation, 1996

Bar Admissions

Minnesota, 2002
Wisconsin, 2024
U.S. District Court, D. Minn., 2003
U.S. District Court, E.D. Wis., 2024
U.S. District Court, W.D. Wis., 2024
U.S. District Court, N.D., 2024
U.S. Court of Appeals, 8th Cir., 2012
U.S. Court of Appeals, 9th Cir., 2014
Ho-Chunk Nation, 2021

My Approach

There’s a perception of litigators as being argumentative to a fault, thriving on confrontation. While I can certainly hold my ground  – and do on issues important to my clients – it’s not always in the best interest of their businesses to pound a path to the courtroom.

My clients come to me when they have a problem that they need to solve, whether it’s deciding whether to sign a vendor contract, or whether to enter into litigation with a former employee. It’s important to get details right on the front-end to avoid repercussions later, which means really getting to know my clients’ businesses inside and out.

When it comes to litigation, I guide my clients through the difficult and sometimes emotional process. Your business is your baby, and it can be natural to feel that it’s being attacked when being sued for breach of contract, perhaps, or if a former employee has stolen trade secrets. But motivation can’t be dictated by personal animosity, and I help my clients take the emotion out of a naturally fraught process, to find the answer that’s right for their business.

For some closely held businesses, I serve as outside general counsel, acting as a sounding board for their day-to-day issues. In this capacity, I love being able to work with my clients as a partner in their businesses, being able to connect them with the experts at the firm that can address a specific issue, and save them the cost of maintaining an internal legal department.

I reside in Minnetonka with my two kids (albeit one is in college now and rarely home) and our dog, Floyd.   I love traveling both nationally and internationally and checking out all of the amazing new restaurants in the Twin Cities.

Groundbreaking Moment in My Career

One of the first cases I ever tried to verdict was on behalf of a large U.S. company that manufactured wooden yachts. I was given the opportunity to truly co-chair the case with my mentor, an incredibly seasoned and well-respected trial veteran. Even as a young lawyer, he and our client trusted me to take the case and run with it, including traveling to Turkey to depose the owner of the company we were suing. After two years of fierce litigation on both sides, we won a $10 million jury verdict in federal court. I had a very worthy opponent, too, which made it an even sweeter victory.

Practice Areas

Practicing Business & Commercial Litigation

My Experience

I represent a wide range of companies and develop a deep understanding of their businesses, which run the gamut from large publicly held corporations, to thoroughbred horse trainers, to small family-owned businesses, in industries such as craft wineries and distilleries, financial institutions, insurance companies, manufacturing and transportation companies. I place a special emphasis on business-to-business litigation, which includes a wide array of disputes ranging from simple breach of contract and breach of warranty, to manufacturing defects, to insurance claims, in state and federal court, as well as in arbitration.

Representative Matters

• Representation of Fortune 500 company against a rock band related to a registered trademark.  Negotiated settlement successfully.
• Representation of a Minnesota blasting company against a nationwide contractor asserting claims for breach of contract.  Successfully defended against initial temporary restraining order sought by contractor and then successfully defended the case at a bench trial resulting in the entire case being dismissed.
• Representation of international whey protein company against Minnesota manufacturer related to sale of facility.   Negotiated successful settlement.
• Representation of international whey protein company against customers located in California, Florida and South Carolina.   Default Judgments obtained.
• Representation of national software company against customer for breach of contract.  Just weeks before the arbitration, negotiated successful settlement.
• Representation of individual buyer against winery for breach of contract in sale of business.  Negotiated successful settlement.
• Representation of a national bank in several “Show me the Note” cases in federal court. All three cases were dismissed with prejudice via motion practice.
• Representation of a California company against a large national corporation in the diesel emission industry in asserting breach of warranty and breach of contract claims. Negotiated settlement successfully severing the parties’ relationship.
• Representation of a national transportation company against a Minnesota distributor for breach of contract in state court. Successful collection in bankruptcy court.
• Representation of a Georgia company in the financial services industry against a national financial services company in federal court over breach of financial documents.  Case was voluntarily dismissed.
• Representation of an equipment leasing manufacturer against a Colorado company asserting breach of contract/lease claims in federal court. Successfully negotiated resolution to allow parties’ contractual relationship to continue.
• Representation of a prominent thoroughbred horse trainer against Minnesota businessmen who asserted breach of contract claims in state court. Client counterclaimed. Successfully moved for summary judgment and entire case was dismissed and client awarded judgment.
• Representation of a national boat manufacturer against a Turkish yacht manufacturer asserting claims for breach of contract and breach of warranty in federal court. Successfully tried case to jury and was awarded $10 million verdict, along with prejudgment interest and attorneys’ fees.
• Representation of an equipment leasing company in two separate matters against two separate California companies. Negotiated settlement successfully.
• Representation of a Fortune 500 company in an intellectual property dispute with another Fortune 500 company seeking preliminary injunctive relief for copying of a patented product.

Awards

Local Litigation Star

Benchmark Litigation 2016-2024

Practicing Employment Litigation

My Experience

I represent businesses in defending against employment lawsuits, including matters involving employee-related discrimination, retaliation, harassment and whistleblower claims. I also represent companies in initiating litigation against former employees and their new employers for breach of non-solicitation and non-compete agreements, as well as counseling high-level executives on negotiations of severance agreements.

Representative Matters

• Representation of international whey protein manufacturer in the states of Nebraska, Idaho, Illinois and Wisconsin before the states’ respective departments governing human rights violations.  Successfully achieved dismissal of all of them.
• Representation of transportation company alleging breach of non-compete and non-solicitation claims against former employee. Successfully obtained a TRO and permanent injunction.
• Representation of a Fortune 500 company against breach of employment and discrimination claims alleged by a terminated executive in state court. Case dismissed via motion practice.
• Representation of national waste disposal company alleging breach of non-compete and non-solicitation claims against former employee. Successfully negotiated resolution of case immediately upon removal to federal court.
• Representation of a national waste disposal company against discrimination and ADA violation claims alleged by a terminated employee in state court. Successfully negotiated resolution of case.
• Representation of a national paper company against discrimination and harassment claims alleged by a terminated employee in state court. Successfully negotiated resolution of case.
• Representation of a Minnesota medical insurance company against a breach of severance agreement claim alleged by a terminated sales representative. Successfully negotiated resolution of case.
• Representation of a Minnesota manufacturer against harassment, whistleblower, discrimination and retaliation claims alleged by a terminated factory employee. Case was dismissed entirely on summary judgment.
• Representation of national industrial cleaning equipment company against allegations of breach of non-compete and non-solicitation claims involving another national industrial cleaning equipment company’s former employee. Successfully negotiated resolution of case immediately upon removal to federal court.
• Representation of Minnesota construction company against discrimination and employment claims against former employee. Successfully negotiated resolution of case.
• Representation of national manufacturer of milk and whey protein ingredients alleging breach of non-compete claim against former employee. Successfully negotiated resolution of case immediately upon removal to federal court.

Awards

Local Litigation Star

Benchmark Litigation, 2016-2020

Best Lawyers in America®

Litigation – Labor and Employment, 2022-2025

Practicing Alternative Dispute Resolution

My Experience

I bring more than 18 years of my own business and employment litigation experience to my mediation practice.  My approach to mediation is the same as with my own clients and cases – be prepared, listen and be creative.  I understand and appreciate the complex nature of the neutral process – not only the subject matter but also the emotional aspect that may be present.

Practicing Employment Counseling

My Experience

• Counseling c-suite executives in both pre- and post-employment documentation.
• Counseling clients in the manufacturing, financial services, marketing, veterinary medicine, oil and gas and education sectors on various state employment laws and updates.
• Counseling clients in manufacturing, financial services, marketing, veterinary medicine, oil and gas and education sectors in handbook policies and various required state updates thereto.
• Counseling clients in manufacturing, financial services, marketing, veterinary medicine, oil and gas and education sectors on employment practices related to utilization of and defense against various restrictive covenants nationwide.

Also experienced in

Coverage Litigation & Counseling

Financial Services Litigation

Construction & Real Estate Litigation

Cannabis Law

Honors & Awards

Minnesota Super Lawyers®

2013-2024
Top 50 Women, 2014-2019, 2023-2024
Top 100, 2018, 2024

Notable Women in Law

Twin Cites Business Magazine, 2020

Local Litigation Star

Benchmark Litigation, 2016-2024

Future Star

Benchmark Litigation, 2013-2015

Top 50 Women in Business

Minneapolis/St. Paul Business Journal, 2013

40 Under 40

Minneapolis/St. Paul Business Journal, 2011

Rising Stars

Minnesota Super Lawyers®, 2009-2012

Up & Coming Attorney

Minnesota Lawyer, 2008

Best Lawyers in America®

Litigation – Labor and Employment, 2022-2025

Associations & Memberships

Litigation Counsel of America

Fellow

Minnesota State Bar Association

American Bar Association

Federal Bar Association

Law Firm Alliance

Board of Directors, 2023 - present; Secretary, 2023

Hennepin County Bar Association

Mentor, 2005-2012

Ramsey County Bar Association

Mini-Hops Gymnastics

Board of Directors, 2016-2018
Secretary, 2017-2018

Minnesota Grape Growers Association

Board of Directors, 2016-2017

Minnesota Humanities Center

Board of Directors, 2010-2013
Marketing Committee, 2010-2013

Greater Twin Cities United Way

Member, Women's Leadership Council, 2009-2013
Co-Chair, Women's Giving, 2013-2014
Co-Chair of Membership, Women United, 2014-2017

Minnesota Zoo Board of Directors

Trustee, 2013-2017
Member, Governance Committee, 2010-present
Chair, 2014 and 2015 Beastly Ball

Minnesota Zoo Foundation Board of Directors

Chair, July 2019-present
Vice Chair, July 2017-June 2019
Trustee, 2017- present

National Association of Women Business Owners - Minnesota Chapter

Board of Directors, 2013-2017
Co-Chair, Programs Committee, 2014-2016