Brooks F. Poley
Contact: P /612.604.6619E /[email protected]
Administrative Contact: Dawn Proulx P /612.604.6715E /[email protected]
Education
William Mitchell College of Law, J.D., magna cum laude, 1987
University of Minnesota, B.A., 1982
Colgate University
Bar Admissions
Minnesota, 1987
U.S. District Court, D. Minn.
U.S. District Court, W.D. Wis.
U.S. Court of Appeals, 8th Cir.
U.S. Court of Appeals, 11th Cir.
U.S. Supreme Court
My Approach
I am a shareholder with Winthrop & Weinstine, P.A. and represent clients in complex commercial litigation matters. My experience includes contract cases; misrepresentation and fiduciary duty actions; shareholder disputes; private and government antitrust matters; securities actions; FINRA arbitrations; intellectual property cases involving patent, trademark, copyright and trade secret claims; insurance coverage disputes; confidentiality/restrictive covenant proceedings; and product liability claims. My clients have spanned a broad spectrum of industries including banking and financial services, food, energy, transportation, consumer products, insurance, professional services and construction.
Practice Areas
Practicing Financial Services Litigation
Representative Matters
- Represented national bank in defense of contract, misrepresentation and antitrust claims seeking damages of $200 million in connection with asset sale. Summary judgement granted in favor of client on all claims. Court awarded sanctions against Plaintiff.
- Represented leading financial institution against claims requesting over $500 million arising from securities lending program losses incurred during financial crisis. Following seven week jury trial, verdict returned in favor of bank client on all counts.
- Defended national bank against antitrust, RICO, fraud, and contract claims asserted in connection with multi-year sales process. Dispositive motion granted with respect to all claims.
- Represented major broker-dealer in UCC dispute. All claims dismissed without cost to client.
- Represented community bank in dispute regarding midnight deadline. Prevailed at district court and affirmed on appeal.
Awards
Local Litigation Star
Benchmark Litigation, 2010-2020
The Best Lawyers in America©
Commercial Litigation, 2016-2024
Practicing Shareholder Disputes
Representative Matters
- Represented California utility against claims seeking in excess of $125 million arising from ownership dispute over wind energy projects. Summary judgment granted in favor of client on virtually all claims and damages. De minimus settlement of remaining claim ensued.
- Represented prominent construction company in minority shareholder dispute. Matter favorably resolved following partial summary judgment granted in favor of client.
- Defended marketing business in connection with shareholder claims. Following dismissal of most claims, case settled at mediation.
- Represented family shareholder of industrial enterprise against buy-out claims, based on alleged fiduciary breaches. All claims resolved on favorable terms.
- Represented national trucking company in connection with minority shareholder dispute seeking buy-out. Preliminary buy-out motion defeated and motion to dismiss granted in part.
- Defended trustee in connection with buy-out and fiduciary claims against leading generic drug manufacturer and family shareholders.
Practicing Antitrust
Representative Matters
- Represented boat builders in Section 2 monopolization action against stern drive engine manufacturer. Three month jury trial yielded $140 million verdict.
- Represented chemical manufacturer defendant in Section 1 claim alleging price fixing in the paint additive market. Grant of summary judgment motion led to comprehensive resolution.
- Represented consumer products company in connection with DOJ Antitrust Division inquiries into resale pricing practices. No action letter issued.
- Summary judgment obtained dismissing group boycott and price fixing claims asserted against national bank client.
- Represented insurer in defense of Section 1 price-fixing allegations in workers compensation market.
- Represented popcorn producers in defense of price fixing claims. Settlement reached on favorable terms.
- Represented Korean electronics manufacturer against group boycott allegations related to dual deck video cassette recorder.
Practicing Business & Commercial Litigation
Representative Matters
- Represented construction business in arbitration proceeding seeking damages of $3 million for alleged construction defects. Following two week hearing, arbitrator returned decision in favor of client and awarded no damages.
- Represented major investment bank in actions relating to sale of mortgage-backed securities. All counts successfully resolved following dispositive motion practice.
- Represented leading Minneapolis law firm in two separate professional negligence actions. First case resolved with Plaintiff making payment to law firm client; second matter favorably resolved following submission of dispositive motion.
- Represented Swedish aircraft lessor in dispute with regional carrier over duration and terms of fleet leases. Summary judgment granted in favor of lessor client.
- Defended injection molding business in multiple contract arbitration proceedings with decisions resulting in nominal liability.
- Represented numerous clients in disputes involving confidentiality and non-compete issues.
- Defended national window manufacturer in class action proceeding alleging warranty violations. Favorable settlement achieved and effort by class counsel to repudiate settlement rejected by district court.
- Represented trustee in dispute over division of family assets. Case favorably resolved. Summary judgment obtained in successor action challenging underlying settlement.
- Represented patent holders in enforcement actions in medical device, pharmaceutical, and consumer product industries, among others.
- Represented oil services firm seeking to recover multi-million dollar loss from faulty radiographic pipeline testing. Following summary judgment order rejecting key defenses, warranty, contract, and fraud claims favorably resolved with client obtaining full value of loss.
Awards
The Best Lawyers in America©
Commercial Litigation, 2016-2024
Local Litigation Star
Benchmark Litigation, 2010-2020
Also experienced in
Energy Litigation & Appeals
Director & Officer Liability
Unfair Competition
Honors & Awards
Minnesota Super Lawyers®
2003-2023
Top 100, 2009
Top 40 Business Litigation Attorneys
Local Litigation Star
Benchmark Litigation, 2010-2021
The Best Lawyers in America©
Commercial Litigation, 2016-2024
AV Preeminent
LexisNexis Martindale-Hubbell, Peer review ratings