Along with partner Chris Madel, represented the Minnesota State Board of Public Defense in connection with the State of Minnesota's government shutdown. Coordinated and funded by the Board of Public Defense, Minnesota public defenders represent indigent accused people in each of Minnesota's 87 counties. We sought emergency relief to require the State of Minnesota to fund the public defenders and the courts in the event of a state-government shutdown. At the televised June 27, 2011 hearing, the Minnesota Attorney General and the Governor's counsel argued in favor of the petition. Several Minnesota senators, however, claimed that our clients' requested relief would violate the Minnesota State Constitution. Covering the hearing, the Minneapolis/St. Paul StarTribune stated that "Madel made the most impassioned arguments, citing three U.S. Supreme Court rulings that mandate continuation of funding for the judiciary: Gideon v. Wainright, requiring effective counsel at public expense for those accused of felonies, Argersinger v. Hamlin, ensuring legal representation of indigents for misdemeanors and In re Gault, extending the same right for juveniles." On June 28, the District Court granted our emergency petition in full, thus requiring the State of Minnesota to fully fund the public defenders and the courts after the government shutdown, which occurred on July 1, 2011.
Represented independent three-member Special Committee of the Fiesta Bowl Board of Directors that was headed by a former Chief Justice of the Arizona Supreme Court. The Special Committee was formed to investigate allegations that the Fiesta Bowl had reimbursed employees for campaign contributions, that a prior investigation had covered-up criminal conduct, and that the Fiesta Bowl had made numerous other improper expenditures. Our five-month investigation included 87 interviews of 52 individuals and the review of 55 gigabytes of electronic data and more than 10,000 additional hard copy documents. Our investigation culminated in a 276-page Final Report with 1,562 footnotes and thousands of additional pages of supporting schedules and spreadsheets. The report is publicly available here. The Final Report was covered by dozens of media outlets and has received widespread praise, including:
- The Arizona Republic's Editorial Board stated: "The Fiesta Bowl executive committee should never lose sight of what appears to have saved their event's bacon, at least for now: the unflaggingly candid 276-page report released by the Fiesta Bowl itself, which exposed all those ugly warts." Other reporting from The Arizona Republic referred to the report as "comprehensive."
- A leading legal commentator stated: "Any lawyer or other person asked to lead a special investigation centered on wrongdoing of the type that now surrounds the Fiesta Bowl should read RKMC's report first."
- Arizona Attorney General Tom Horne called the report "comprehensive."
- The Bowl Championship Series (BCS) Task Force -- a Task Force that was created to review the Fiesta Bowl's conduct and our Report -- called our investigation "exceedingly thorough" and noted that had the Special Committee not produced such a "thorough and open report" the Task Force "almost certainly would have recommended termination of the BCS Groups' involvement with the Fiesta Bowl."
- NCAA President Mark Emmert stated that "The [Fiesta Bowl] special report was obviously extremely detailed and outlined behaviors none of us would be supportive of and I think the board was forthright in putting all that information before the various bodies."
- Sports Illustrated's Austin Murphy noted that the Special Committee's investigation (in contrast to an earlier investigation) was "decidedly not a whitewash."
Counsel representing Best Buy Co., Inc. in internal investigation, criminal referral to federal government, and related civil litigation against supplier. After discovering employee's acceptance of bribes from supplier, led team that referred matter to U.S. Attorney's Office, Federal Bureau of Investigation, Internal Revenue Service, and U.S. Postal Inspector's Office. In February 2009, the employee pled guilty to conspiracy to commit mail fraud and money laundering. In July 2009, the United States indicted the primary owner of supplier. In June 2010, a federal jury convicted the primary owner for 24 of 26 alleged federal crimes, including conspiracy to commit mail fraud, money laundering, income-tax evasion, and conspiracy to defraud the United States. In December 2010, the primary owner received a 15-year sentence, the employee received a 7 1/2-year sentence, and Judge Davis ordered all defendants to pay over $32 million in restitution.
Counsel representing Digital River, Inc. and Digital River Marketing Solutions, Inc. in internal investigation and subsequent civil investigation relating to alleged conspiracy to commit computer fraud and engaged in computer hacking. Within 48 hours of filing suit in May 2010, obtained ex parte federal order to seal the litigation and a separate temporary restraining order prohibiting defendant from, among other things, attempting to sell the alleged stolen data and from destroying all relevant documents. Litigation was resolved with the entry of a permanent order and all relief sought by client.
Represented plaintiff manufacturer in patent and trademark infringement litigation.
Represents Cargill Flavor Systems US, LLC nationally defending of personal injury and product liability claims related to alleged exposure to diacetyl or diacetyl-containing products.
Defended national restaurateur in allegations of violations of Minnesota labor statutes.
Defended national tax service provider against Minnesota Attorney General lawsuit alleging consumer fraud and other violations of Minnesota law.
Represented subrogation property insurer in international arbitration.
Represented subrogated property insurer for losses arising from oil and gas pipeline explosion.
Defended insurer in series of suits related to disappearance of computer equipment from bankrupt dot-com business.
Greg LeMond, et. al. v. Blixseth Group, Inc., et. al.: Chris Madel and Bruce Manning represented three-time Tour de France winner, Greg LeMond, a former high-ranking banker at JP Morgan Chase, a Wisconsin corporation, and two other individuals in a minority-shareholder lawsuit against Timothy Blixseth, the then-billionaire majority owner of the elite Yellowstone Club located near Big Sky, Montana, and certain related entities. After valuing receiving a cash and land buy-out offer of less than $12 million collectively, our clients alleged fraudulent practices relating to the management of Yellowstone Club assets. In October 2007, our clients reached a $38 million settlement which required two settlement payments to be made before February 2008. When the defendants did not make the second settlement payment, the suit was renewed and settled for $39.5 million. In this second settlement, our clients also obtained confessions of judgment, a mortgage on Blixseth's former home, and protection against having their Yellowstone Club memberships unfavorably affected. In 2008, Yellowstone Development, LLC and Yellowstone Mountain Club, LLC filed for bankruptcy. Several interested parties in this bankruptcy litigation have relied upon and continue to repeatedly cite our work product in pursuit of claims against the debtors and others.