April 2007

Anthony Ostlund & Baer, P.A. Add New Associates
Anthony Ostlund & Baer is pleased to announce that Jason Geer and Cory Olson have joined the firm as associates. Jason is a 2006 magna cum laude graduate of Hamline University School of Law. Prior to joining the firm, Jason worked as a judicial law clerk for the Honorable Mel I. Dickstein. His undergraduate work was in International Relations at the University of Minnesota. Cory is a 2006 graduate of the University of Minnesota Law School and received his undergraduate degree from Hamline in Musical Performance. Prior to joining Anthony Ostlund & Baer, Cory practiced in litigation and corporate governance with Ledin & Hofstad, Ltd.

AOB Client Prevails on Buy-Out Motion in Shareholder Case
Anthony Ostlund & Baer, P.A. lawyers Vincent D. Louwagie and Karlyn Vegoe Boraas recently represented Vaughn Veit, the majority shareholder and CEO of Veit & Company, Inc. and other related companies, in a case brought by a minority shareholder/former officer of the companies. In January 2007, a Minnesota state court denied the minority shareholder's motion for a court-ordered buy-out of his shares. Previously, the court granted partial summary judgment for Mr. Veit on several of the minority shareholder's claims and dismissed those claims from the case. Just prior to beginning trial in April 2007 on the minority shareholder's remaining claims, AOB obtained a favorable settlement for Mr. Veit.

March 2007

Anthony Ostlund & Baer, P.A. Add two new shareholders
Anthony Ostlund & Baer, P.A. is pleased to announce that Robert C. Moilanen and John B. Orenstein have joined the firm as shareholders.

Bob has been practicing law for 25 years. Now a top notch trial lawyer, Bob began his career on Capitol Hill working for Senators Walter Mondale and Hubert Humphrey, and later in the Office of the Vice President for Walter Mondale. After a stint in the Minnesota Attorney General’s office, Bob has had a very successful career in business and securities related civil litigation.

John’s practice for over 22 years has been focused on the securities industry where he has extensive experience both as outside and in-house counsel to financial institutions.

In addition, Aaron R. Hartman has rejoined the firm as an associate. Aaron is a 2002 graduate of the University of Minnesota Law School and spent his first 4 years of practice with the firm. After a year long hiatus, Aaron has resumed his complex litigation practice.

Their wisdom, common sense and zealous advocacy will benefit the firm’s clients, and we look forward to practicing with Bob, John and Aaron in the years to come.

July 2006

AOB Client Wins Temporary Injunction Restoring His Position as Corporate President
In July 2006, a Minnesota state court issued a TRO, restoring AOB’s client, a corporate shareholder and officer, to his position as the corporation’s president. This ruling came after the two other directors improperly voted one of themselves in as president in an attempt to replace our client. AOB’s client will remain president until a trial on the merits is held in this corporate oppression case. Richard T. Ostlund and Steven M. Pincus successfully obtained this affirmative, mandatory injunction.
March 2006 Top

AOB Client Prevails as Summary Judgment is Reversed in Corporate Shareholder Litigation
In March 2006, the Wisconsin Court of Appeals reversed the trial court's grant of summary judgment against AOB’s client, a corporate shareholder. The Court held that the plaintiff, AOB’s client, was entitled to proceed with his claims for breach of fiduciary duty and other oppressive corporate conduct. Norm Baer and Vince Louwagie were lead counsel in this corporate oppression case.

January 2006

AOB Client Prevails on Summary Judgment in Arizona Arbitration Case
Rich Ostlund, Nathan Brenna and Shannon Wise successfully defended a publicly traded bank holding company (BNCCORP, Inc.), its Phoenix, Arizona based insurance brokerage subsidiary (Milne & BNC Insurance Services, Inc.), and senior executives of the companies against claims brought by a former executive and board member of the companies. The former executive had claimed losses in excess of $10 million based on claims for breach of contract, wrongful termination, defamation and illegal interference with his employment contract. Following summary judgment motions, a three member panel of Arizona arbitrators ruled in favor of AOB’s client by holding that the former executive had already been paid all he had been entitled to following his termination from the companies. In a related ruling, the arbitrators sanctioned the former executive for destroying potential evidence when he “discarded” his personal computer shortly before he sued his former employer.

October 2005

Mary Knoblauch Named to Top 100 Women Super Lawyers
Mary Knoblauch, shareholder with Anthony Ostlund & Baer, P.A. has been named one of Minnesota’s Top 100 Women Super Lawyers. In its October/November edition, Minnesota Law & Politics published its list of the Top 100 Female Super Lawyers.

The list of 2005 Minnesota Super Lawyers, which represents the top 5 percent of Minnesota attorneys in more than 60 practice areas, is based on surveys of the approximately 18,500 active lawyers across the state. Minnesota Law & Politics publishes the Minnesota Super Lawyers annually in their August/September issue and the August issues of Mpls.St.Paul Magazine and Twin Cities Business Monthly.

Ms. Knoblauch’s practice focuses on Employment Litigation, Labor Negotiations and Arbitrations, Discrimination Litigation, Employment Class Action, Complex Business Litigation, Trade Secrets, Noncompetition Agreements, and Contract Disputes.

September 2005

Eighth Circuit Confirms Arbitration Award in favor of AOB client
A three judge panel of the United States Court of Appeals for the Eighth Circuit confirmed a National Association of Securities Dealers (“NASD”) arbitration award in the amount of $940,165.99, including $100,000 in attorneys’ fees, in favor of AOB client Christopher C. McGrann. The arbitration panel that heard the case awarded Mr. McGrann damages arising out of his employment relationship and employment letter agreement with First Albany Corporation, Inc.

In confirming the award, the Eighth Circuit found that First Albany lured McGrann away from his prior, lucrative employment, through promises of compensation guarantees. Within months, McGrann was subjected to First Albany’s efforts to slash McGrann’s compensation and renegotiate the agreement. When McGrann refused to budge, FAC devised a scheme to terminate McGrann’s employment and label the termination for “cause” to avoid any payment to McGrann.

First Albany argued that McGrann’s letter agreement with the company required payment of no more than $340,165.99, even if First Albany had falsely styled the termination for “cause.” The Eighth Circuit rejected First Albany’s interpretation because First Albany provided no legal authority requiring the arbitration panel to interpret the agreement to First Albany’s liking.

Mr. McGrann was represented throughout the process by AOB lawyers Joseph W. Anthony and Aaron R. Hartman.

June 2005

AOB Client Prevails in Arbitration Case
Joe Anthony and Steve Phillips recently defended an asset management firm against multi-million dollar claims brought by a former customer who claimed his portfolio had been mismanaged. Following a four day arbitration in Detroit, Michigan, a panel of arbitrators appointed by the National Association of Securities Dealers, Inc. dismissed all of the customer's claims, with prejudice.

May 2005

Joseph Anthony and Richard Ostlund named as top business litigators in Minnesota by Chambers USA
Chambers USA has named Joseph Anthony and Richard Ostlund in the top 5 business trial lawyers in Minnesota. Chambers, a leading worldwide publisher of legal services, sent researchers into the field for over a year interviewing clients and other resources to arrive at its list of the leading business litigators in Minnesota. Chambers and Partners describe Joe Anthony as "Savvy and feisty, an excellent trial lawyer." Sources say that he "is an adaptable attorney who knows how to present a case and won't be pushed around." His partner, Richard Ostlund is described as "Tenacious, dogged and diligent." Both Joe and Rich have scored a number of successes for important clients over the past ten years.

You can find the results of their survey at:
http://www.chambersandpartners.com/usa/

AOB Client Wins Right to Pursue Development
An AOB client occupying commercial land pursuant to a 99-year lease is free to develop a drugstore and office building on the property, even if the landlord objects, the Ramsey County District Court has held. The court held that unless a lease specifically identifies acceptable uses or prohibited uses, a tenant is free to pursue any lawful use. As a result, a lease stating that the parties intend to have a bank building constructed on the property but containing no specific restrictions allows the tenant to abandon the bank plan and pursue any other lawful development. AOB's client was represented by Joseph Anthony and Mark Wisser.

AOB’s Client Obtains Defense Verdict in $9,000,000 Stock Buy-Out Claim
After a multi-week trial, AOB’s corporate client, represented by Rich Ostlund and Randy Gullickson, obtained a defense award from the Ramsey County District Court denying the plaintiff shareholder any relief on his $9,000,000 stock redemption claim.

AOB’s Client Obtains Summary Enforcement of Stock Redemption Agreement
The Hennepin County District Court has granted summary judgment to AOB’s client enforcing a stock redemption agreement calling for payment of $2,800,000 to a shareholder who sought in excess of $14,000,000 for her shares. AOB’s client was represented by Rich Ostlund and Randy Gullickson.

AOB’s Rich Ostlund Serves on Community Boards
AOB’s Rich Ostlund has accepted invitations to serve on the University of Minnesota Pediatrics Foundation Board of Directors and the Board of Directors of the American Automotive Association of Minneapolis.

Rich Ostlund Serves on Governor’s Judicial Selection Committee
Rich Ostlund of Anthony Ostlund & Baer by appointment of Minnesota Governor Tim Pawlenty serves as the Fourth Judicial District (Minneapolis and surrounding metro area) representative to the State Judicial Selection Committee, which interviews and recommends finalists to the Governor for appointment to trial and appellate judicial openings.

AOB prevails in appeal for client claiming security interest in note
In a case of first impression, an AOB client who had loaned money pursuant to a promissory note and accepted a security interest in a second promissory note was found to have a superior interest in a judgment on the second note over the counterclaim rights of the maker of the second promissory note.

In evaluating competing interests arising under the Uniform Commercial Code and Italian contract law, Nessi v. Sudovest Group, Inc., Court File No. A04-1461 and 1465 (Minn. App. April 12, 2005) reversed a lower court decision that gave priority to the second note-maker’s counterclaim. The Court of Appeals held that because the judgment on the second note constituted “proceeds” of the collateral, AOB’s client had an interest in the judgment that was superior to the party asserting the counterclaim.

Working on the matter for AOB were Vince Louwagie and Mark Wisser.

AOB wins directed verdict in arbitration case
An arbitration panel directed a verdict in favor of AOB’s brokerage industry client in a case in which the claimant individual alleged that he had lost millions as a result of reliance on allegedly flawed research. Following a six-day arbitration, the panel of arbitrators appointed by the National Association of Securities Dealers, Inc. (“NASD”) granted AOB’s client’s motion for a directed verdict. This result – atypical in the context of an arbitration claim – was obtained by AOB’s Joseph Anthony and Steven Phillips.

March 2005

AOB’s Client Obtains $22,000,000 Award
In March 2005, the Hennepin County District Court awarded AOB’s client over $22,000,000 after a trial of several weeks in 2004. Rich Ostlund and Randy Gullickson represented our client in this corporate deadlock/oppression case.

January 2005

AOB’s Client Obtains $525,000 Arbitration Award
AOB’s client, a senior executive of a publicly traded company, has been awarded $525,000 in an arbitration proceeding tried by Rich Ostlund and Janel Dressen in early 2005.

September 2004

AOB Client Wins $10 Million Award in Unfair Competition Case
An arbitration panel has awarded $10 million in damages to securities brokerage Miller Johnson Steichen Kinnard Inc. (“MJSK”), to compensate for damages caused when four former managers, while still working for MJSK, plotted to lure away customers and employees to form a competing business. MJSK was represented by Joseph Anthony and Steven Phillips of AOB.

The arbitration panel, assigned by the National Association of Securities Dealers (“NASD”), found the former employees and their startup company, Northland Securities, Inc. (“Northland”) jointly and severally liable. The panel concluded that Northland and its founders had breached employment agreements, taken MJSK business data and violated NASD rules regarding broker standards of conduct by establishing a competitive business while still employed by MJSK.

The employees who left had worked primarily in MJSK’s profitable Fixed Income Department. Their mass defection left that department understaffed and with a substantially reduced customer base.

The outstanding result in the MJSK case represents the second time in recent years that Joseph Anthony and Steven Phillips have teamed up to obtain a multi-million-dollar award for an AOB securities client whose sales staffs have been unfairly raided by competitors. In 2000, they recovered $16.5 million for an AOB client, the former John G. Kinnard & Co., after a competitor had lured away several dozen top producing retail brokers.

For more stories:
http://www.startribune.com/stories/535/4985479.html

August 2004

Joseph Anthony to become a Fellow of the International Academy of Trial Lawyers
Joseph W. Anthony, managing partner of Anthony Ostlund & Baer, P.A., was recently nominated for Fellowship in the International Academy of Trial Lawyers. Membership in the Academy is limited to 500 Fellows under the age of 70 from the United States and 100 Fellows from over 30 countries throughout the world. The standards for admission are high - outstanding skills and extensive experience as a trial lawyer, unimpeachable personal and professional character; integrity and honesty are a few of the necessary qualities of every nominee. Mr. Anthony will be inducted into the Academy in February 2005.

For more information on the International Academy of Trial Lawyers and its members, visit www.iatl.net/

Joseph Anthony named president of the Minneapolis chapter of the International Network of Boutique Law Firms
Joseph W. Anthony, managing partner of Anthony Ostlund & Baer, P.A., has accepted the invitation to serve as President of the Minneapolis chapter of the International Network of Boutique Law Firms (“INBLF”). The INBLF is an organization of highly credentialed boutique law firms each of which has been identified and hand-selected as outstanding in each firm’s respective field. Each member firm practices, and is preeminent, in only one or two specific areas, none of which overlaps with any other member’s area of expertise. The purpose of the INBLF is, among other things, to ensure that each firm’s clients will receive only the highest quality legal representation, should that client choose to retain any INBLF member, and to provide a healthy referral network among the high performing, single focus law firms. Anthony Ostlund & Baer, P.A. was selected as the only commercial litigation member firm in Minnesota.

For more information on the INBLF and its members, visit http://www.inblf.com

July 2004

Broker Entitled to Payment For Sales He Procured
The Minnesota Supreme Court has ruled that AOB client Gary Rosenberg is entitled to receive real estate commissions for property sales in which was the procuring cause. The decision, obtained on Rosenberg’s behalf by AOB’s Joseph Anthony and Mark Wisser, reversed decisions of the district court and court of appeals, which both had dismissed Rosenberg’s claim.

Rosenberg had been the exclusive broker for a Minneapolis condominium development until he was terminated without notice and without payment for pending sales he had procured. At the time of the termination, Rosenberg had obtained purchase agreements or reservation agreements from approximately 40 buyers who later closed on purchases of condominium units.

The supreme court ruling allows Rosenberg to proceed with his claim at trial and show that he is entitled to commissions for the sales that he procured, even if the closings occurred after his termination.

March 2004

Anthony Ostlund & Baer receives order granting summary judgment to client, Mid Continent Management Corporation
Anthony Ostlund & Baer recently received an order granting summary judgment to their client, Mid Continent Management Corporation. In 2003, Mid Continent sued the City of Brooklyn Park to invalidate certain of its ordinances relating to managers of apartment projects in Brooklyn Park. Mid Continent manages a 312-unit project known as Willow Park.

In 2002 and 2003, Brooklyn Park enacted ordinances that penalized managers such as Mid Continent if calls for police or emergency assistance by tenants exceeded certain thresholds. The penalties were in the form of increased fees due to the City. In Mid Continent’s case, its semi-annual fee for a license to manage an apartment project went from $2.75 per unit to $16.50 per unit.

Mid Continent sued the City of Brooklyn Park and contended that certain of its ordinances penalizing landlords on account of calls for police or emergency assistance were invalid because such ordinances were preempted by state law and in effect violated state laws. Mid Continent also contended that the ordinances were invalid and unconstitutional because they deprived it of substantive due process and the ordinances were vague.

On March 18, 2004, the court issued its ruling validating Mid Continent’s claims and invalidating certain Brooklyn Park ordinances relating to rental establishments which penalized landlords on account of calls for police or emergency assistance emanating from or relating to Willow Park.

September 2003

Corporate Governance Dispute Remains in Court
The Minnesota Supreme Court, on September 25, 2003, ruled in favor of AOB’s client on a question of first impression involving the obligations of corporate directors in conflict of interest situations.

In the appeal handled by Joe Anthony, Randy Gullickson, and Janel Dressen, AOB argued to the Supreme Court that corporate directors who engage in interested director transactions should not be permitted to shield their conduct behind arbitration clauses and that a court should be required in the first instance to evaluate the directors’ behavior. Based on AOB’s appeal, the Supreme Court reversed the Minnesota Court of Appeals, which had ordered the case to arbitration. The Supreme Court instead determined that where a corporation’s contract is the product of self-interested conduct of corporate directors, the corporation is entitled to have its claim that such an interested director transaction is void decided by a court. This decision will be of considerable importance to corporate practitioners in Minnesota.

CITE: Onvoy, Inc. v. SHAL, LLC, et al., 2003 Minn. LEXIS 597 (Minn. Sept. 25, 2003).

Shareholder firing found properly enjoined
On September 23, 2003, the Minnesota Court of Appeals upheld a temporary injunction, issued by the Hennepin County District Court, which preserved the job and salary of AOB client Jack Haley, a minority shareholder of a closely held corporation. The Court of Appeals decision is a significant reaffirmation of the rights of minority shareholders under Minnesota law. The Court recognized that Minn. Stat. § 302A.751 grants a district court power to fashion broad equitable relief to protect minority shareholders.

Jack Haley and Brenda Haley are represented by AOB attorneys Joe Anthony and Steve Pincus. See Haley v. Forcelle, No. A03-182 (Minn. Ct. App. Sept. 23, 2003).

Supreme Court accepts real estate broker case
The Minnesota Supreme has granted AOB’s petition for review in the case of real estate broker Gary Rosenberg, who was denied tens of thousands of dollars in commissions for condominium sales he procured. The state high court agreed to consider Rosenberg’s claim that the trial court and Court of Appeals erred in denying commissions when Rosenberg procured customers who signed purchase agreements and closed on the terms Rosenberg had negotiated on behalf of the sellers.

The developers with whom Rosenberg was associated terminated his role in the project after the sales agreements had been signed but before the closings, and then refused to pay Rosenberg when the sales closed. Joseph W. Anthony and Mark D. Wisser are representing Rosenberg in the appeal to the Supreme Court.

July 2003

Steven Phillips successfully defends brokerage firm
Steve Phillips successfully defended a securities brokerage firm against a claim brought by a former customer seeking $500,000 in damages for alleged securities fraud. Following a four-day arbitration in June 2003, a three person panel of NASD arbitrators dismissed the customer's claims in their entirety.

May 2003

Chambers and Partners select AOB one of the top 4 Business Litigation firms in Minnesota
Anthony Ostlund & Baer, P.A. has been selected by Chambers and Partners publishing as one of the top four business litigation firms in Minnesota.

Chambers is the leading legal services publisher in Europe. It recently released its first USA publication in which it has ranked the top firms in the United States. Chambers and Partners researchers spent a year canvassing clients and lawyers across the United States to obtain a consistent market view those firms and attorneys which were considered leaders in their field. Entry in the guide is based solely on market recommendation.

You can find the results of their survey at:
http://www.chambersandpartners.com//usa

March 2003

Rich Ostlund Appointed to Judicial Selection Commission by Governor Pawlenty
It was announced Monday, April 24, 2003 that Richard Ostlund, one of Anthony Ostlund & Baer's senior partners, has been appointed by Governor Tim Pawlenty as the Hennepin County Representative to the 26 person Commission on Judicial Selection. This Commission’s responsibility is to screen and recommend candidates for the judiciary to the Governor. It meets regularly to evaluate candidates who wish to serve in the Judicial Branch and plays a crucial role in maintaining the high quality of our judiciary.

All of us at AOBLAW congratulate Rich on his appointment.

January 2003

Zoning Challenge Reinstated
Investment partnership HFC, LLP, may proceed with its zoning challenge against the City of Minneapolis under a decision issued January 23 by the Minnesota Court of Appeals.

HFC, represented by AOB's Bob Tansey and Mark Wisser, challenged the granting of several variances to facilitate development of a condominium building next-door to HFC's property. The district court dismissed the case, saying that HFC had no legal right to challenge the variances, but Tansey and Wisser persuaded the Court of Appeals to reverse the lower court's ruling and to reinstate the case.

In reversing and remanding the case, the Court of Appeals noted that the City of Minneapolis had violated its own ordinance in granting the variances.

November 2002

Rich Ostlund of Anthony Ostlund & Baer Represents Former CEO of Conseco Finance
Bruce Crittenden, former CEO of Conseco Finance Corp., has hired Rich Ostlund and Anthony Ostlund & Baer to represent him in disputes involving the termination of his employment and fallout from Conseco's failed director and officer stock loan program.

Anthony Ostlund & Baer filed an arbitration claim on Crittenden's behalf to collect unpaid bonuses and severance compensation that were due under terms of his employment agreement. The claim also seeks damages for defamation and a declaration regarding Crittenden's rights and obligations under the D&O loan program.

Conseco Finance and a related entity responded by suing Crittenden in Indiana state court. On November 22, Anthony Ostlund & Baer removed the action to the United States District Court in Indianapolis.

Anthony Ostlund & Baer intends to aggressively assert Crittenden's rights, whether the action remains in federal court or is sent to arbitration as originally agreed by the parties.

October 2002

Joseph W. Anthony has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America
The induction ceremony at which Mr. Anthony became a Fellow took place recently before an audience of 1200 persons during the recent Annual Meeting of the College in New York City.

Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.

Membership in the College cannot exceed one per cent of the total lawyer population of any state or province. There are currently approximately 5,200 members in the United States and Canada, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascended to the bench after their induction) and Honorary Fellows.

The College strives to improve and elevate the standards of trial practice, the administration of justice and the ethics of the trial profession. Qualified lawyers are called to Fellowship in the College from all branches of trial practice. They are carefully selected from among those who customarily represent plaintiffs in civil cases and those who customarily represent defendants, those who prosecute accused of crime and those who defend them. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.

Joseph W. Anthony is a partner in the firm of Anthony Ostlund & Baer, P.A. and has been practicing in Minneapolis for 28 years and is an alumnus of Temple University School of Law and the University of Connecticut.

September 2002

ShopNBC retains Anthony Ostlund & Baer in dispute with vendor
Anthony Ostlund & Baer is representing ValueVision Media, Inc., which operates the ShopNBC home shopping network, in a lawsuit against vendor D.G. Jewelry, Inc., of Toronto, Ontario. In the suit, ValueVision is seeking a declaration regarding the parties' rights under a 2001 settlement agreement, as well as damages arising from the defendants' interference with ValueVision's employee relationships. ShopNBC is the nation's fastest growing home shopping network, reaching 52 million homes via cable, satellite and low-power broadcast television. Joe Anthony leads the litigation team, assisted by Mark Wisser and Andrée Leddy.

June 2002

Anthony Ostlund & Baer add two new shareholders
Anthony Ostlund & Baer is pleased to announce that Karlyn Vegoe Boraas and Mark D. Wisser have become shareholders in the firm. Karlyn is a 1993 graduate of the University of Minnesota Law School and has been with the firm since graduation. Her undergraduate work was in Accounting and Business Administration at Minnesota State University Moorhead and she passed the North Dakota CPA exam in 1990. Mark worked as sports news editor and assistant sports editor at the Star Tribune while attending law school at William Mitchell. He graduated in 1991, served as a law clerk to Justices Esther Tomljanovich and Sandra Gardebring at the Minnesota Supreme Court, worked in the business litigation group at Robins Kaplan, and then joined the firm in February 2000.

Joe Anthony Provides Relief For Major League Baseball
When Major League Baseball (“MLB”) recently found itself being battered around in a Minneapolis lawsuit, Commissioner Bud Selig looked to Anthony Ostlund & Baer, P.A. for relief.

MLB and the Minnesota Twins were sued by the public agency that operates the Metrodome after media reports identified the Twins as a candidate for contraction by MLB. When the lawsuit got off to a rough start for MLB, the Commissioner put in a call to the bullpen for Joe Anthony. The Commissioner’s marching orders were to go for the win, or at least a save. Combining a hardball attitude with some strategic curveballs and change-ups, Joe and his AOB team put out the litigation fire by combining with the Twins to negotiate a settlement that terminated the case. Assisting Joe were AOB attorneys Mark Wisser, Joel Hunter and Courtland Merrill, and paralegal Shannon Benson.

The impetus for settlement came when Minnesota Governor Jesse Ventura signed legislation providing for development of a Twins stadium. One condition of that bill was resolution of the stadium lawsuit. Joe immediately seized the opportunity presented by the legislation to persuade the parties to drop the lawsuit and focus on what they all truly wanted: a long-term solution to the Twins’ stadium situation. The result soon thereafter was a dismissal of all claims.

During the course of the case, Joe was quoted in the media frequently as he told MLB’s side of the story to local newspapers and television stations covering the suit. In the process, Joe assisted the media in reporting technical legal issues more accurately and generally obtained more balanced coverage of MLB’s role in the controversy.

"MLB had significant legal rights at issue in the case, and it had a right to have those interests protected," Joe said. "The litigation position of MLB and the Commissioner may not be popular, but it is a legitimate legal position entitled to the best possible advocacy. Besides, ultimately, MLB and the Commissioner want the same thing the Twins and the fans want - - a long-term solution that keeps Major League Baseball in Minnesota."

So now, when MLB has legal problems in Minnesota, how does Commissioner Selig spell relief? That’s easy. It’s AOB.

Rich Ostlund featured as guest commentator on KCCO radio
Rich Ostlund was recently featured as a guest commentator on corporate shareholder legal disputes on KCCO radio, the all-business news network founded in the Twin Cities by WCCO AM. Rich is scheduled to be a regular commentator on corporate litigation issues for KCCO.

Rich Ostlund and Janel Dressen receive direct verdict in favor of Horizon Waste Services, Inc.
In a case tried in Los Angeles, California in June 2002, Rich Ostlund and Janel Dressen of Anthony Ostlund & Baer received a directed verdict in favor of Horizon Waste Services, Inc. dismissing $650,000 in claims brought by three former company employees. In addition, Horizon was awarded $46,000.

Rich Ostlund receives $6.5 million award on behalf of the firm's client
Rich Ostlund recently received on behalf of the firm's client an award of $6,500,000 in a marital dissolution proceeding tried before the District Court in Jackson Hole, Wyoming. The majority of the award in Bell vs. Bell, et al. was based on a contested appraisal of a complex, privately-held business.

Anthony Ostlund and Baer identified among best
Joe Anthony, Rich Ostlund and Norm Baer have each been identified as among the best business litigators in the State of Minnesota. In its June/July edition, Minnesota Law & Politics published its list of the Top 40 Business Litigation Super Lawyers. The fact that all three of our named partners were selected for the list demonstrates the unparalleled concentration of expertise and experience available to our clients.

May 2002

Anthony Ostlund & Baer retained to represent Major League Baseball
Joseph Anthony and Anthony Ostlund & Baer have been retained to represent Major League Baseball in its ongoing dispute with the Metropolitan Sports Facilities Commission about the Twins, the stadium and “contraction.” The trial is scheduled for August 2002.

April 2002

Anthony Ostlund & Baer sue the City of Brooklyn Center alleging the City violated Fair Housing Act
Led by Norman Baer and Nathan Brenna, Anthony Ostlund & Baer has sued the City of Brooklyn Center alleging that the City has violated the Fair Housing Act and other statutory provisions by trying to unlawfully force its client, Brooklyn Center Leased Housing Associates, L.P., to close the Summerchase apartment complex. Summerchase is a 250+ unit affordable housing complex that has received unprecedented and unwanted attention from the City in the past year, including criminal charges brought against the individual owners of the general partner of Leased Housing. While all of the criminal charges were ultimately dismissed, the City has continued to take administrative actions that Leased Housing Associates believes are intended to drive it out of business.

NeoNetworks in lawsuit against Cisco Systems, Inc. and others
Anthony Ostlund & Baer, with Rich Ostlund in the role of lead counsel, is representing NeoNetworks in a lawsuit against Cisco Systems, Inc. and others related to Cisco’s $450 million purchase of NuSpeed Internet Systems of Maple Grove. Cisco’s purchase came just 9 months after NuSpeed was formed by former officers and employees of NeoNetworks. The lawsuit alleges that the NuSpeed assets that Cisco valued so highly were technology and information that had been developed at and belonged to NeoNetworks, and was improperly diverted to NuSpeed by former employees.

NeoNetworks in lawsuit against Cisco Systems, Inc. and others
Anthony Ostlund & Baer, with Rich Ostlund in the role of lead counsel, is representing NeoNetworks in a lawsuit against Cisco Systems, Inc. and others related to Cisco’s $450 million purchase of NuSpeed Internet Systems of Maple Grove. Cisco’s purchase came just 9 months after NuSpeed was formed by former officers and employees of NeoNetworks. The lawsuit alleges that the NuSpeed assets that Cisco valued so highly were technology and information that had been developed at and belonged to NeoNetworks, and was improperly diverted to NuSpeed by former employees.

March 2002

Steven Phillips and Joseph Anthony win summary judgment in favor of Investment Banking Firm
Steven Phillips and Joseph Anthony have won a summary judgment in favor of an investment banking client. Anthony Ostlund & Baer represented an underwriter and seller of municipal bonds in a matter pending before the United States District Court in Portland, Oregon. The plaintiffs claimed our client was liable for nearly $5 million in damages. Anthony Ostlund & Baer persuaded the Court that, as a matter of law, the investment bank could not be liable for the claims asserted by plaintiffs.

Rowell and Anderson have become Summer Associates at Anthony Ostlund & Baer
Kristen Rowell and Court Anderson have become Summer Associates at Anthony Ostlund & Baer. Both Kristen and Court have finished their second year of Law School at the University of Minnesota and are anxious to apply their academic studies to the real world problems and opportunities of our clients.

February 2002

Anthony Ostlund & Baer negotiate an $11 million settlement for Department 56, Inc.
Led by Joseph Anthony and Mary Knoblauch, Anthony Ostlund & Baer has negotiated an $11 million settlement on behalf of the firm’s client, Department 56, Inc., a distributor of giftware and collectibles. The settlement resolves a lawsuit brought against Arthur Andersen related to information technology consulting work Andersen was employed to perform for Department 56.

December 2001

Anthony Ostlund & Baer’s Rising Stars
Anthony Ostlund & Baer, P.A. is pleased to announce that Karlyn Vegoe Boraas and Nathan P. Brenna were selected as “Rising Stars” by the monthly publication, Minnesota Law & Politics. They were featured, along with other regional selectees, in the publication’s 2001 year-end issue.

To be eligible as a “Rising Star,” attorneys must be 40 or under, or in practice for 10 or fewer years. “Rising Stars” are nominated by the publications’ “Super Lawyers.”

November 2001

Anacapa Technology, Inc., victim of a material breach of contract by ADC
An arbitration panel has determined that Anthony Ostlund & Baer’s client, Anacapa Technology, Inc., had been the victim of a material breach of contract by ADC Telecommunications. Pursuant to a 1996 contract, Anacapa licensed certain technology to ADC. Over the years, ADC has sold more than $60 million worth of equipment employing Anacapa’s technology and paid Anacapa royalties of nearly $5 million. However, the arbitrators determined that ADC had failed to adequately protect the technology from others in the industry. The panel’s ruling will allow Anacapa to terminate the license agreement and end ADC’s ability to use the technology in the future. Anacapa was represented in the arbitration by Norman Baer.

September 2001

Former Morgan Stanley Branch Manager Awarded $700,000
Anthony Ostlund & Baer has prevailed in another securities industry arbitration. An NASD arbitration panel awarded $700,000 to a former Morgan Stanley branch manager who claimed to have been forced out of his job after questioning the sales practices of several top producing brokers. Joseph Anthony and Steven Phillips represented the former branch manager. Morgan Stanley had denied any liability, claiming that the branch manager was removed from the position only because his performance was unacceptable.

Anthony Ostlund & Baer persuade the USDC to grant an injunction
Anthony Ostlund & Baer has persuaded the United States District Court to grant an injunction barring the State of Minnesota from enforcing portions of a law that was enacted by the legislature earlier this year. At issue is the rates that temporary nursing agencies can charge nursing homes for the services of their employees. A team led by Rich Ostlund represented a number of temporary nursing agencies and successfully argued that the statute is unconstitutional and unfair, and that if allowed to stand it would ultimately drive the temporary agencies out of business, harming the nursing homes that it is supposed to help protect.

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