Overview

About Marc

Marc Al is a partner of the firm practicing in the Litigation and Appellate groups. A commercial litigator with broad experience in state and federal courts, he has been appointed as appellate counsel by the Eighth Circuit Court of Appeals and has served repeatedly as an appointed member of the Federal Practice Committee of Minnesota’s federal court. Born and raised in the Netherlands, Marc is the Honorary Consul of the Kingdom of the Netherlands in Minnesota. In his diplomatic capacity, Marc handles the economic, trade, cultural, and consular relations of the Netherlands in Minnesota.

 

 

 

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Experience

Experience

  • Taqueria El Primo LLC v. Farmers Group, Inc., 0:19-CV-3071 (JRT/BRT) (D. Minn.) (co-lead counsel) — ongoing defense of six insurance companies in purported class action asserting consumer fraud and deceptive trade practices claims.
  • Various representation of Al-Corn Clean Fuel, a 120-million-gallon industry-leading Minnesota ethanol, corn-oil, and DDGs company, including the successful defense against patent-infringement claims asserted in Multi-District Litigation resulting in summary judgment of non-infringement, invalidity, and unenforceability of all asserted patents.  In Re Method of Processing Ethanol Byproducts and Related Subsystems (‘858) Patent Litigation, 1:10-ml-02181-LJM-DML (S.D. Ind.), aff’d sub nom GS CleanTech Corp. v. Adkins Energy LLC, 951 F.3d 1310 (Fed. Cir. 2020).
  • In re: SuperValu, Inc., Customer Data Security Breach Litigation, 2016 WL 81792 and 2018 WL 1189327 (D. Minn.) and 925 F.3d 955 (8th Cir. 2019) (local counsel) — twice obtained dismissal of Albertsons from Multi-District Litigation data-breach action.
  • In the Matter of the Further Investigation into Environmental and Socioeconomic Costs Under Minn. Stat. § 216B.2422, subd. 3, Minn. Pub. Utils. Comm. Docket E-999/CI-14-643 and Minn. Office of Administrative Hearings Docket No. 80-2500-31888.  Multi-year representation of large industrial energy consumers in administrative proceeding regarding the reasonableness of the Federal Social Cost of Carbon as the best available measure to determine the environmental cost of carbon dioxide, including challenges to the federal government’s Interagency Working Group’s methodologies.
  • Representation of investor limited partners in low-income housing partnerships against the general partners relating to partnership exit issues in various lawsuits in state and federal courts (2015-2020).
  • Green Plains Renewable Energy v. Robert Luckett and Cascade Kelly Holdings, LLC (N.D. Iowa 2011) (lead counsel) – Defense of claims for alleged breach of fiduciary duty, violation of Iowa Uniform Trade Secrets Act, violation of Iowa Unfair Competition Law, tortious interference with contract, and tortious interference with employment relationships.
  • Representation of wind-farm developer in various related mechanic’s lien actions in federal and state courts in West Virginia related to a large wind-farm development project (2011).
  • Debt-workout representation of individual guarantor on numerous corporate loans amid foreclosure proceedings, resulting in transfer of property ownership to guarantor and restructuring of debt (Minnesota 2011).
  • City of Blaine v. LEXON Ins. Co. and Bond Safeguard Ins. Co. (D. Minn. 2011) – defense of surety in various claims on development construction bonds.
  • Versacold USA, Inc. v. Inland Am. Brooklyn Park, et al. (D. Minn. 2010-2011) – representation of tenant in complex 4-state, 11-site commercial lease dispute, presenting issues of first impression under U.S. and Icelandic law.
  • Representation of victims in Petters fraud ($46.6 million principal loss) and Bernard Madoff fraud.
  • Farmers Cooperative Company v. Senske & Son Transfer Co. (D.N.D. 2008) - obtained treble-damage jury award and attorneys’ fees award in odometer-tampering fraud case.
  • Appellate representation before the Minnesota Supreme Court, Minnesota Court of Appeals, and the Eighth Circuit, including In re Application of Minnesota Power for Authority to Increase Rates for Electric Service in the State of Minnesota, 2019 WL 5885069 (Minn. App. 2019), rev. denied (Minn. 2020) and 929 N.W.2d 1 (Minn. App. 2019), rev. denied; Cty. of Aitkin v. Blandin Paper Co., 883 N.W.2d 803 (Minn. 2016); In re the Trust Agreement of D. Robert Sykes, 2015 WL 4715325 (Minn. App. 2015); In re Welfare of R.S., 805 N.W.2d 44 (Minn. 2011); Grace Capital, LLC v. Mills,  2013 WL 1943005 (Minn. App. 2013), rev. denied; In re Welfare of Children of R.M.B., 735 N.W.2d 348 (Minn. App. 2007); Arnleend v. Arnleend, 2006 WL 389771 (Minn. App. 2006); Mages v. Johanns, 431 F.3d 1132 (8th Cir. 2005); Williams v. Bruton, 299 F.3d 981 (8th Cir. 2002).
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Honors

Honors & Activities

Professional Honors & Activities

  • Listed in Minnesota Super Lawyers® (Business Litigation, Intellectual Property Litigation, Appellate, Employment Litigation), 2004–2020
  • Listed among Rising Stars (Business Litigation), Minnesota Super Lawyers®, 2002
  • Minnesota Top 40 Business Litigation Attorney, Minnesota Law & Politics, 2007 and 2008
  • Minnesota Top 25 Appellate Law Super Lawyers, Minnesota Law & Politics, 2005
  • Rising Stars in Minnesota Law, Minnesota Law & Politics, 2002-2004
  • Listed in Strathmore’s Who’s Who Registry
  • Listed in Marquis’ Who’s Who in American Law

Civic Activities

  • Minnesota Consular Corps, Officer
  • American Bar Association
  • Federal Bar Association
  • Federal Circuit Bar Association
  • Minnesota State Bar Association
  • Hennepin County Bar Association
  • Phi Delta Phi
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Insights & Presentations

Insights & Presentations

  • “Sick Building Syndrome: A Potpourri Analysis” (co-author), 49 Federation of Insurance & Corporate Counsel Quarterly 347, 1999
  • “ ‘Fortress Europe’ in the Telecommunications Sector as a Consequence of ‘Europe 1992’: Reality or Imagination?,” 6 Transnational Law 111, 1993



Related News & Publications


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