Business realities must drive the decision-making in a litigation matter, not the other way around.
Contact: P /612.604.6503E /[email protected]
Administrative Contact: Elizabeth Mulvaney P /612.604.6520E /[email protected]
University of Minnesota Law School, J.D., cum laude, 1985
Northwestern University, B.A., Economics & Philosophy, Phi Beta Kappa, 1982
U.S. District Court, D. Minn., 1985
U.S. District Court, E.D. Wis., 1992
U.S. District Court, W.D. Wis., 1992
U.S. District Court, D. Neb., 1996
U.S. District Court, E.D. Ark., 2000
U.S. District Court, W.D. Ark., 2000
U.S. Court of Appeals, 8th Cir., 1993
U.S. Court of Appeals, 10th Cir., 2003
As a new and impressionable lawyer some 30 years ago, a senior partner at my firm, who was not a litigator, told me that to be a successful litigator, I had to “know the deal.” He was right. A litigator who “processes” a matter through the usual cookie-cutter assembly line style of litigating does the client no service. At Winthrop & Weinstine, I learned the importance of building a strategy around the details of the client’s business and the realities of the transaction at issue. I visit the client’s office and facility to see first-hand how things are done and to learn what the business looks like and feels like in a tactile way. Once I know the business, I can guide the client on the strategies that need to be pursued to resolve the dispute, or even how to avoid one. I work with clients – not above them – to make sure every course of action fits their business goals. I consider myself a member of the client’s “team,” and work collaboratively to resolve their matters.
My practice over the years has touched many areas, from securities fraud defense to real estate and title insurance disputes. I have represented financial institutions and their officers and directors in matters involving the FDIC and other regulators, and have foreclosed mortgages and managed “bet the company” cases. Most recently, I had the pleasure of working on a committee to rewrite Minnesota’s receivership laws, and as a result of that experience now have many clients whom I represent as court-appointed receivers. I work with real estate management companies, turnaround management companies, and financial institutions in high level consulting and litigation matters, as well as strategic decision making.
I had represented a publicly traded company for more than 10 years on various and numerous contract and litigation matters. Over that time, I developed an expertise on how this client’s business worked. When I read in the court filing notifications that this client and several of its key executives had been named in a class action securities fraud cause, I called the client and said I could help. The client was considering a larger national firm for the matter, but when I asked, "What lawyer knows your business better than I do?” the client agreed. My law firm and I were hired, and we successfully moved to have the case dismissed with prejudice, without ever having to engage in expensive discovery. I felt grateful for the client’s willingness to “take a chance” on us based on our prior performance, and the client was more than grateful for the excellent result.
My practice consists of representing clients who are court–appointed receivers, as well as clients who seek the appointment of a receiver. These experiences have given me a multi-dimensional view of how receiverships can be used strategically to maximize value in real estate and non-real estate cases. I have also represented title insurance companies in title disputes and coverage litigation as well as agency, regulatory and administrative matters.
Commercial Litigation, 2010-2022
I frequently support my clients with alternative dispute resolution (ADR), and have represented clients in many and varied dispute resolutions processes, including trials, mediations and arbitrations, among others. To better understand all aspects of mediation and arbitration, I participated in the Minnesota Supreme Court’s certified training programs required to qualify for inclusion on the state-wide roster of qualified neutrals. I am on the Minnesota Supreme Courts Roster of Qualified Neutrals and is a neutral for U.S. Arbitration and Mediation and serve as a neutral to assist parties in resolving disputes as a mediator or arbitrator.
Minnesota Super Lawyers®, 2011
Minneapolis Lawyer of the Year: Litigation - Real Estate, 2012 and 2016
Minneapolis Lawyer of the Year: Litigation - Banking & Finance, 2014
Commercial Litigation, 2010-2022
Litigation - Banking & Finance, 2011-2022
Litigation - Real Estate, 2011-2022
Minnesota Law & Politics, 2007
Lexis Nexis Martindale-Hubbell, Peer review rating
ADR Section Council