David M. Aafedt
The biggest risks are not only those known and unaddressed, but also those unknown.
Contact: P /612.604.6447E /[email protected]
Administrative Contact: Rachel Tillemans P /612.604.6635E /[email protected]
Education
William Mitchell College of Law, J.D., magna cum laude, 1997
Pomona College, B.A., Government, 1992
Bar Admissions
Minnesota
U.S. District Court, D. Minn.
U.S. Court of Appeals, 8th Cir.
My Approach
I served as an Assistant Attorney General with the Minnesota Attorney General’s office until 2003, when I joined Winthrop & Weinstine, P.A.
While at the Minnesota Attorney General’s Office, I served as counsel to the Minnesota Department of Commerce and the Minnesota Department of Health, and represented the State of Minnesota, the Governor, the Attorney General, and various state agencies in business, consumer and charities litigation, investigations, market conduct examinations, and civil enforcement proceedings. I was also heavily involved in numerous Attorney General audits and consumer investigations pursuant to the Office’s consumer and charitable organization oversight.
Since joining Winthrop & Weinstine, my practice mirrors my practice while at the Attorney General’s Office. I use my extensive experience to advocate on behalf of clients in a wide range of settings in all 50 states, including state and federal regulatory matters, business, consumer and charities litigation, as well as state and federal investigations, market conduct examinations, and unclaimed property audits.
While working at the Minnesota Attorney General’s Office and in my cases since joining Winthrop, they all present with unique legal issues coupled with unique public policy issues. I counsel clients as to the best strategic approach to engage with – or respond to – state and federal regulators.
I was recognized by Best Lawyers in America© as “Lawyer of the Year” for Administrative/Regulatory Law in 2017 and 2019, and have also been listed in Insurance Law. I have also consistently been selected to the Minnesota Super Lawyers list for Administrative and Regulatory Law.
I also serve as Chair of the Board of Directors for the Better Business Bureau of Minnesota and North Dakota, as Immediate-Past Chair of the Board of Directors of the Federation of Regulatory Counsel (“FORC”), and have served as Chair of the Executive Councils for both the Health Law and Administrative Law Sections of the Minnesota State Bar Association.
I am also a member of the firm’s Board of Directors.
My wife and I live in Edina with three kids, a Black Lab, and a Bernese Mountain Dog.
A Pivotal Moment in My Career
Following law school, I took my father’s advice and applied for – and got hired – as a law clerk, a summer associate, and then as Assistant Attorney General with the Minnesota Attorney General’s Office. I am grateful every day that I did. While there, I was exposed to people, the regulatory, investigative, and enforcement processes, and areas of the law that I would have otherwise never had the opportunity to experience. I could not have asked for a better foundation for a practice. With that background, I am able to use the deep knowledge of government to the benefit of my clients.
Practice Areas
Practicing Attorney General Investigations & Enforcement Actions
My Experience
At the Attorney General’s Office and now in private practice, I have represented many hundreds of clients before state and federal regulators, as well as legislative bodies. I also advise clients in conjunction with their oversight by, or interaction with, among others, the Minnesota Attorney General’s Office (consumer and charities enforcement ), Minnesota Office of the Governor, Minnesota Legislature, Department of Administration (data practices, contracts and procurement), Department of Agriculture, Department of Commerce (insurance, real estate brokers, agents, and appraisers, securities, debt collectors), Department of Health, Department of Human Services (licensing, Office of Inspector General), Department of Labor and Industry (OSHA and Construction Codes and Licensing), Department of Natural Resources, Pollution Control Agency, Department of Public Safety, Public Utilities Commission (energy and telecommunications), as well as the Boards of Medical Practice, Dentistry, Nursing, and Pharmacy.
Representative Matters
- Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America v. Fresenius Medical Michael Rothman, in his capacity as Commissioner of the Minnesota Department of Commerce, and Edward P. Ehlinger, MD, MSPH, in his capacity as Commissioner of the Minnesota Department of Health, State of Minnesota, Office of Administrative Hearings, Successful challenge – leading to rescission – of a Minnesota Department of Commerce and Department of Health unpromulgated rule, which purported to set forth criteria establishing the circumstances under which health insurers must accept premium payments, and the circumstances under which health insurers are not required to accept premium payments.
- Deerwood Dental, P.A., et al. v. Minnesota Department of Human Services, et al., U.S.D.C. File No. 09-CV-1109 — Obtained a $5.0+ million recovery for group of dental clinics that were wrongfully excluded from Minnesota’s Critical Access Program.
- Lumbermens Mutual Casualty Co. et al. v. Minnesota Special Compensation Fund et al., 2006 WL 3371968 — Obtained a $5.2 million recovery against the State of Minnesota and the Minnesota Department of Labor and Industry, based on their erroneous premium assessments made against a group of client insurance companies.
- In Re: Source Code Evidentiary Hearings in Implied Consent Matters and In Re: Source Code Evidentiary Hearings in Criminal Proceedings, 816 N.W.2d 525 (Minn. 2012) — Represented amicus curiae CMI, Inc., in consolidated statewide proceedings, which affirmed the reliability of the Intoxilyzer 5000 EN breath-alcohol testing device.
- State of Minnesota, by its Commissioner of Public Safety v. CMI of Kentucky, Inc., U.S.D.C. File No. 08-CV-603 — Breach of contract and copyright infringement case brought by State against manufacturer of the Intoxilyzer breath-alcohol testing device.
- State of Minnesota, by its Attorney General v. American International Group, Inc., Ramsey County District Court File No. 62-CO-06-001632, and Workers’ Compensation Reinsurance Association (WCRA) et al. v. American International Group, Inc., et al., Hennepin County District Court File No. 27-CV-08-10705 — Represented AIG and various insurers in litigation relating to alleged underreporting of workers’ compensation premiums to state and quasi-public agencies.
Practicing Health Law
My Experience
I formerly represented the Minnesota Department of Health’s Managed Care, Health Facilities Complaints, Health Economics, and Environmental Health divisions, as well as the Attorney General’s Office in conjunction with health care litigation, audits and investigations, and enforcement actions.
I now represent medical and dental providers, trade associations, and health care businesses in a variety of capacities, including litigation and enforcement proceedings, health care licensing board investigations, compliance and regulatory matters, as well as federal, state, and private payer billing audits and investigations. I also serve as outside general counsel to many dozens of individual health care professionals and practice groups, where I advise them on, among other issues, the purchase or sale of a medical or dental practice or business; general corporate governance, management, and employment issues; public and private payer reimbursement issues; fraud, waste and abuse, anti-kickback and Stark; credentialing, privileging and peer review processes; state and federal privacy laws, including data breaches. I also routinely work with health care providers and practice groups to conduct internal compliance investigations in an effort to identify potential compliance risks, and ensure that appropriate procedures and training are in place moving forward.
I also serve as an Assistant Adjunct Professor at the University of Minnesota School of Dentistry, where I teach Current Legal Issues for the New Dentist to the fourth year dental students.
Representative Matters
- Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America v. Fresenius Medical Michael Rothman, in his capacity as Commissioner of the Minnesota Department of Commerce, and Edward P. Ehlinger, MD, MSPH, in his capacity as Commissioner of the Minnesota Department of Health, State of Minnesota, Office of Administrative Hearings, Successful challenge – leading to rescission – of a Minnesota Department of Commerce and Department of Health unpromulgated rule, which purported to set forth criteria establishing the circumstances under which health insurers must accept premium payments, and the circumstances under which health insurers are not required to accept premium payments.
- Deerwood Dental, P.A., et al. v. Minnesota Department of Human Services, et al., U.S.D.C. File No. 09-CV-1109 — Obtained a $5.0+ million recovery for group of dental clinics that were wrongfully excluded from Minnesota’s Critical Access Program.
- State of Minnesota, by its Attorney General v. Blue Cross Blue Shield of Minnesota, Henn. Cty. Dist. Ct. — Represented the Minnesota Attorney General in an enforcement matter against a non-profit health service plan corporation for wrongful denial of eating disorder and chemical dependency treatment for minors and young adults, resulting in an $8.0+ million settlement.
- State of Minnesota et al., v. United States of America and Donna Shalala, Secretary of Health and Human Services, U.S.D.C. File No. 99-CV-01831 — Represented the State of Minnesota in litigation against the federal government over the unlawfully low Medicare Plus Choice reimbursement rates paid in Minnesota.
Awards
"Dream Team," Leaders in Health Care Award
Minnesota Business, 2014
Practicing Regulated Industries
My Experience
INSURANCE
I represent insurers, reinsurers, and producers in their interactions with state insurance departments, Attorneys General, revenue departments, and other state and federal regulators. Specifically, a significant part of my practice is devoted to working with industry clients in conjunction with market conduct examinations, unclaimed property audits, investigations, civil investigative demands, enforcement actions, surplus lines regulation, premium tax and premium assessment issues, licensing and appointment matters, and insurance fraud investigation and reporting.
I also handle a wide variety of insurance litigation, including class action and coverage disputes in all lines of insurance; unfair and deceptive business practices; sales and suitability; bad faith and unfair claims handling; excess and surplus lines; and producer commission and non-compete disputes.
Representative Experience
- In the Matter of Various Life and Annuity Insurer Unclaimed Property and Claims Handling Market Conduct Examinations
— Represented and successfully resolved numerous Minnesota Department of Commerce market conduct examinations related to claims handling and unclaimed property escheatment practices on behalf of various national and international Life Insurance and Annuity companies. - Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America v. Fresenius Medical Michael Rothman, in his capacity as Commissioner of the Minnesota Department of Commerce, and Edward P. Ehlinger, MD, MSPH, in his capacity as commissioner of the Minnesota Department of Health, State of Minnesota, Office of Administrative Hearings — Successful challenge – leading to rescission – of a Minnesota Department of Commerce and Department of Health unpromulgated rule, which purported to set forth criteria establishing the circumstances under which health insurers must accept premium payments, and the circumstances under which health insurers are not required to accept premium payments.
- In the Matter of the Excess Surplus Status of Blue Cross Blue Shield of Minnesota, 624 N.W.2d 264 (Minn. 2001) — Represented the Minnesota Commissioner of Commerce in a matter requiring a non-profit health plan service corporation to divest itself of $470 million in tobacco settlement proceeds as a result of exceeding statutory surplus requirements.
- Lumbermens Mutual Casualty Co. et al. v. Minnesota Special Compensation Fund et al., 2006 WL 3371968 — Obtained a $5.2 million recovery against the State of Minnesota and its workers’ compensation regulator as a result of erroneous premium assessments made against a group of client insurance companies.
- State of Minnesota, by its Attorney General v. Allianz Life Insurance Company of North America, Hennepin County District Court File No. 27-CV-07-581 — Represented a life insurance company in conjunction with a Minnesota Attorney General lawsuit relating to the suitability of the sale of equity indexed annuities to Minnesota consumers.
- State of Minnesota, by its Attorney General v. American International Group, Inc., Ramsey County District Court File No. 62-CO-06-001632, and Workers’ Compensation Reinsurance Association (WCRA) et al. v. American International Group, Inc., et al., Hennepin County District Court File No. 27-CV-08-10705 — Represented AIG and various insurers in litigation relating to alleged underreporting of workers’ compensation premiums to state and quasi-public agencies.
Energy
I have represented a wide range of clients – utilities, wind energy developers, rate payers, and other interested parties – in matters before the Minnesota Public Utilities Commission and Minnesota Department of Commerce, including rate cases, certificate of need, siting and route permitting, resource planning, and environmental review proceedings. I have also represented a national propane provider in significant litigation against the Minnesota Attorney General’s Office. I also served on the Public Utilities Commission’s Advisory Committee on rulemaking for Certificate of Need and Site and Route Permits for Large Electric Generating Plants and High-Voltage Transmission Lines.
Representative Experience
- CenterPoint Energy Rate Cases (2007-2017)
- Xcel Energy Rate Case (2016-17)
- Ferrellgas v. Minnesota Attorney General Lori Swanson, Ramsey County District Court, (2010) — Represented and successfully resolved litigation brought against client the Attorney General, where Minnesota’s consumer fraud and deceptive trade practices act claims were at issue.
- In the Matter of Xcel Energy’s Proposed Nuclear Uprate for the Prairie Island Indian Community. Represented the Prairie Island Indian Community in contested case proceedings and environmental review matters relating to Xcel Energy’s proposed nuclear uprate for its largest nuclear facility in the State of Minnesota.
Also experienced in
Regulatory Audits, Investigations & Enforcement Actions
Energy Legislative & Regulatory
Alternative Dispute Resolution
Financial Services Litigation
Fraud & Abuse Audits and Investigations
Health Licensing Board Defense
STATE & FEDERAL HEALTH CARE LICENSING AND CHANGE OF OWNERSHIP (CHOW) TRANSACTIONS
State & Federal Regulatory Compliance
Mergers & Acquisitions
Health Care Litigation
Data Privacy for Regulated Industries
Business & Commercial Litigation
Advocacy & Lobbying
Unfair Competition
Cannabis Law
Honors & Awards
Twin Cities Business
Notable Partners in Law, 2022
Twin Cities Business
Notable Nonprofit Board Member, 2022
Minnesota Super Lawyers®
Administrative and Regulatory Law, 2007-2023
Local Litigation Star
Benchmark Litigation, 2015-2021
"Dream Team," Leaders in Health Care Award
Minnesota Business, 2014
Best Lawyers in America®
Minneapolis Lawyer of the Year: Administrative/Regulatory Law, 2017, 2019
Insurance Law, 2013-2024
Administrative/Regulatory Law, 2017-2024
Healthcare Law, 2024
Future Star
Benchmark Litigation, 2012-2014
Rising Stars
Minnesota Super Lawyers®, 2003-2009
Litigation Counsel of America
Senior Fellow
Associations & Memberships
Alzheimer's Association of Minnesota and North Dakota
Board of Directors, 2020-present
Public Policy Committee Co-chair, 2021-present
Better Business Bureau of Minnesota & North Dakota
Board of Directors, 2010-present
Chair of the Board, 2013-2023
Vice-Chair of the Board, 2012-2013
Executive Committee, 2011-present
Minnesota State Bar Association, Administrative Law Section
Chair, 2005-2006 and 2008-2009, 2014-2015
Executive Council Member, 2004-present
Minnesota State Bar Association, Health Law Section
Chair, 2017-2018
Vice Chair, 2016-2017
Secretary, 2015-2016
Treasurer, 2014-2015
Executive Council Member, 2011-present
Federation of Regulatory Counsel
Chair, Board of Directors, 2012-present
Chair, 2017
Vice-Chair, 2016
University of Minnesota School of Dentistry
Assistant Adjunct Professor, 2016-present
Guest Lecturer, 2013-2015
Health Law Institute
Planning Committee, 2012, 2017-present
Law Firm Alliance
Board of Directors, 2013-2017