Experience

Land Use, Real Estate, Construction, and Development

• Prevailed on a motion to enforce a settlement agreement and dismiss claims in Minnesota state district court—and related appeal before the Minnesota Court of Appeals—as part of litigation between two real estate developers who sought to separate their business interests.
• Secured a settlement valued at more than $1.2 million in monetary and non-monetary relief on behalf of a group of homeowners through litigation against a Twin Cities suburban municipality on claims of unlawful takings in violation of state and federal constitutions, negligence, trespass, and nuisance arising from allegations of frequent, substantial flooding that resulted from road and stormwater drainage improvements.
• Favorably resolved inverse condemnation litigation in Wisconsin state court against a municipality on behalf of individual homeowners who experienced significant stormwater accumulation caused by changes to drainage patterns made during a road resurfacing project.
• Successfully negotiated favorable settlement on behalf of a property buyer in litigation against a Minnesota municipality related to stormwater flooding conditions caused by drainage improvements after prevailing on motion to intervene contested by property seller.
• Assisted federal government contractor that manages military housing units with disputes regarding issues of valuation and the extent of its taxable interests as part of multiple local property tax appeals.

Agribusiness, Energy, and Natural Resources

• Prevailed on cross-motions for summary judgment in Minnesota federal court in representation to local government unit against plaintiffs who challenged an ordinance designating delivery of mixed municipal solid waste to a designated resource recovery facility on grounds that it violated the Dormant Commerce Clause of the U.S. constitution.
• Represented 50% owner of animal feed manufacturer in western Minnesota in shareholder dispute against 50% co-owner under claims for equitable sale or dissolution of the corporation and breaches of fiduciary duties. Prevailed on a contested motion to appoint limited receiver to break deadlocks on issues before the corporate board of directors.
• Successfully defended Nevada energy utility against a declaratory judgment claim in adversary proceeding brought by a Chapter 11 trustee in Delaware bankruptcy court related to the distribution of multimillion-dollar fiber optic network assets.
• Represented renewable energy developer and wind farm applicant in evidentiary hearing before North Dakota Public Service Commission concerning a permit application for a 300-megawatt wind energy project.
• Resolved breach of contract, third party beneficiary, and equitable claims on behalf of California biomass energy producer and its affiliates for less than 10 percent of the plaintiff’s purported damages following summary judgment arguments and on the eve of trial.
• Evaluated and completed statutory procedures concerning abandoned mineral interests impacted by North Dakota wind energy project.
• Represented Idaho- and Oregon-based energy utilities as amici curiae in North Dakota litigation challenging federal public land management plans concerning conservation of sage grouse habitat covering ten Western states.
• Represented Minnesota local government unit seeking to recover past-due environmental service fees from regional refuse hauler in Chapter 11 bankruptcy.
• Resolved Minnesota federal court action at outset of litigation by plaintiff railroad related to demurrage charges after successfully negotiating a discounted settlement on behalf of a multinational natural and organic food company.
• Represented farmers’ cooperative in an adversary proceeding in Minnesota bankruptcy court concerning claims arising from past sale of ethanol plant.
• Represented a non-profit in an action against the Minnesota Department of Natural Resources under the Minnesota Environmental Rights Act, which sought to prevent destruction and impairment of White Bear Lake and regional groundwater supplies. (Prior to joining Stoel Rives LLP.)
• Represented mineral rights owners in a putative class action against the State of North Dakota and others for the alleged unlawful taking of mineral interests along the Missouri and Yellowstone rivers. (Prior to joining Stoel Rives LLP.)

Healthcare and Medical Devices

• Obtained highly favorable defense verdict on behalf of a medical device manufacturer and one of its Texas-based executives after a seven-day jury trial in Minnesota state court. Prevailed on tortious interference with contract claim and limited the plaintiff to less than five percent of the total damages amount sought.
• Assisted in defense of Kansas City-based medical device sales representative against claims of breach of employment agreement during five-day federal jury trial that resulted in a favorable split verdict and nominal damages. Earlier in the case, prevailed on summary judgment to dismiss tortious interference with contract and other claims against co-defendant medical device manufacturer.
• Represented medical device manufacturer and Maryland-based sales executive in Minnesota federal court and defended against breach of contract, fraud, and tortious interference allegations, among others. The matter was dismissed after discovery closed and following submission of initial briefing on defendants’ summary judgment motion.
• Resolved case involving breach of employment agreements, business defamation, antitrust violations, and other claims in a mutually satisfactory manner on behalf of a Minnesota prosthetics and orthotics service provider and two of its co-owners, after successfully petitioning for an order to show cause why the case should not be dismissed on various grounds.
• Defended a medical device manufacturer and several of its New York-based sales personnel against multimillion-dollar claims for tortious interference with contract and breach of employment agreements, among other claims.
• Represented a medical device manufacturer in various employment-related arbitration matters, including disputes related to sales commission payments, wage-and-hour claims, and employment discrimination claims arising under federal and state laws.
• Represented public university patent licensing organization and prosecuted a patent infringement case in Wisconsin federal court involving novel magnetic resonance imaging (MRI) technology against multinational conglomerate. (Prior to joining Stoel Rives LLP.)

Technology and E-Commerce

• Defended Fortune 50 e-commerce retailer in federal court against breach of contract and other claims, which were dismissed after asserting counterclaims related to the plaintiffs’ purported sale of counterfeit goods.
• Represented a major multinational internet retailer and e-commerce services provider in numerous consumer and commercial arbitrations in jurisdictions throughout the United States.
• Represented multinational telecommunications company in Texas litigation against several e-commerce companies, alleging patent infringement concerning internet infrastructure and other web-related technologies. (Prior to joining Stoel Rives LLP.)

Manufacturing, Distribution, and Wholesale

• Defended manufacturer of demolition and scrap recycling equipment against patent infringement allegations in the Western District of Wisconsin. The matter settled and was dismissed with prejudice shortly before trial and following claim construction and summary judgment arguments.
• Secured $800,000+ arbitration award, which included compensatory and punitive damages, on behalf of a Minnesota-based wholesale distributor of lumber goods under breach of contract, fraud, and civil theft claims against Illinois-based manufacturer of customized hardwood products.
• Obtained $400,000+ arbitration award in favor of Minnesota lumber goods wholesale distributor on breach of contract claim against Nevada- and Louisiana-based industrial equipment trader while prevailing on personal liability claim against corporate defendant’s sole individual member.
• Successfully obtained a cease-and-desist order from the Minnesota Department of Commerce on behalf of a foreign-based multinational building materials company whose business name was wrongfully used in furtherance of a fraudulent sales scheme.
• Represented demolition equipment manufacturer in insurance coverage litigation in Wisconsin federal court.
• Defending Minnesota lumber goods wholesale distributor against product liability and negligence claims.

Pro Bono Representation

• Focused on amplifying the voices of individuals in society who are too often ignored and diminished, including in cases involving false arrest claims by the imprisoned, unlawful use of force claims by the civilly committed, and the rights of indigent guardians in the child welfare system.

Honors & Activities

Professional Honors and Activities

• Listed among Rising Stars (Business Litigation), Minnesota Super Lawyers^®, 2015–2021
• North Star Lawyer, Minnesota State Bar Association (recognition for donating 50+ annual pro bono hours), 2012, 2016, 2018, 2020, 2021
• Mentor of the Year, Stoel Rives LLP, 2016
• Scholarly Engagement and Societal Reform Award, University of St. Thomas School of Law
• Member, Minnesota State Bar Association
• Member, Federal Bar Association
• Member, Ramsey County Bar Association

Civic Activities

• Volunteer Attorney, Federal Bar Association – Pro Se Project (2015–present)
• Member, Nativity of Our Lord (St. Paul, Minnesota) Pastoral Council (2017–present)
• Volunteer, University of St. Thomas School of Law Mentor Externship Program (2019–present)
• Firm Captain, The Fund For Legal Aid – Associates’ Campaign (2013–2017)
• Board Member, University YMCA – Twin Cities (2014–2017)
• Adjunct Professor, University of St. Thomas School of Law – Moot Court Program (2010–2014)

Insights & Presentations

• Andy is a contributor to the Stoel Rives Notice of Appeal Blog, Mineral Law Blog, and Restructuring Debt Review Blog
• “Upcoming SCOTUS Decision May Upend Jurisdiction Over Corporations” (co-author), Corporate Counsel, June 2022
• “Potential Liability From Stormwater-Related Projects & Infrastructure,” Minnesota Association of City Attorneys Annual Conference, February 2020

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