Joseph Anthony is one of the founders of Anthony Ostlund Baer & Louwagie P.A. He is admitted to practice before the United States Supreme Court, United States Court of Appeals for the Third and Eighth Circuits, United States District Court for the District of Minnesota and the Supreme Court of the State of Minnesota.
Mr. Anthony began practicing in 1974 and for 10 years was a partner with the law firm of Larkin, Hoffman, Daly & Lindgren, Ltd. in Minneapolis, Minnesota. In 1985, he founded Fruth & Anthony, P.A. as a litigation boutique specializing in business litigation with an emphasis on financial fraud, securities, anti-trust and commercial real estate litigation. In May 2001, the name of the firm was changed to Anthony Ostlund & Baer, P.A. and in 2009, changed to Anthony Ostlund Baer & Louwagie P.A.
In 2007, Mr. Anthony was selected as one of Minnesota Lawyer’s "Attorneys of the Year.” For many years, Mr. Anthony has been designated by his peers as a "Super Lawyer” and in 2002, elected as a Fellow to The American College of Trial Lawyers. Mr. Anthony has also been elected to the International Academy of Trial Lawyers and serves as President of the Minneapolis chapter of the International Network of Boutique Law Firms (“INBLF”) and on the Board of the Fund for the Legal Aid Society.
Mr Anthony has been named general counsel for the United States Golf Association (USGA). The appointment is effective February 7, 2009, the date of the USGA’s Annual Meeting. Mr. Anthony will continue as a trial lawyer and president for Anthony Ostlund Baer & Louwagie while serving as general counsel for the USGA.
Mr. Anthony has a distinguished track record of success. Most recently:
Katherine Knutson v. RBC Dain Rauscher, Inc., FINRA Arbitration No. 07-02229 (March 11, 2009).
Mr. Anthony represented a Twin Cities veterinarian, who sued RBC to recover losses sustained in an investment account as a result of RBC’s mismanagement and negligence. After a three-week arbitration, the panel awarded $5.6 million in damages.
PDG, P.A. v. PDHC, Ltd., Nos. 27-CV-06-2500, 27-CV-07-13030 (Minn. Dist. Ct. Dec. 13, 2007).
In December 2007, Mr. Anthony was lead trial counsel in obtaining a $130 million jury verdict after a 5 week jury trial on behalf of PDG, P.A. against American Dental Partners, Inc. on breach of contract, fiduciary duty and tortious interference claims. Of the $130 million award, $84 million was for actual damages and $36 million was for punitive damages.
John G. Kinnard & Co. v. Dain Rauscher, Inc., No. CT 00-351 (Minn. Dist. Ct. Aug. 15, 2000).
Mr. Anthony represented Kinnard in obtaining the then largest arbitration award in NASD history against RBC Dain Rauscher. The award of $16 million included $9 million in compensatory damages and $7 million in punitive damages arising out of a “raiding” claim between two members of the investment securities industry.
Arthur Andersen LLP v. Dept. 56, Inc., No. 27-CV-00-012812 (Minn. Dist. Ct. Feb. 2, 2002).
This was a significant case involving the defendant’s failure to properly supervise the installation of an ERP. Mr. Anthony represented Department 56. The matter was resolved by settlement with Arthur Andersen paying a substantial amount of money. According to the public filings of Department 56, the settlement was in the amount of $12 million.
Dept. 56, Inc. v. J.D. Edwards & Co., AAA Arbitration No. 65-117-00150-03 (Nov. 13, 2003).
Mr. Anthony successfully represented Department 56 in obtaining a multi-million dollar settlement against a software manufacturer in connection with the implementation of an ERP.
Dominium Mgmt. Servs., Inc. v. Nationwide Hous. Group, 195 F.3d 358 (8th Cir. 1999).
In a $25 million breach of contract/tortious interference claim against one of the firm’s clients (Dominium), Mr. Anthony successfully obtained a jury verdict of no liability for his client. (One of the other defendants in the case, not represented by Mr. Anthony, had a jury verdict against it of $21 million).
Miller Johnson Steichen Kinnard, Inc. v. Northland Sec., Inc., NASD Arbitration No. 02-06736 (Sept. 13, 2004) available at http://finraawardsonline.finra.org/search.aspx.
Mr. Anthony obtained a $10 million arbitration award on behalf of MJSK against Northland Securities, et. al. in a case involving claims of breach of fiduciary duty and unfair dealing.
Woods v. Advance Circuits, Inc., No. C8-98-475, 1998 WL 551918 (Minn. Ct. App. Sept. 1, 1998).
In a case involving numerous statutory and common law claims of discrimination and wrongful termination, Mr. Anthony successfully defended Advance Circuits (a division of Honeywell Inc.) in obtaining a jury verdict absolving the Company of any liability.
Minn. Mining & Mfg. Co. v. Par Pharm., Inc., No. CV-49-3529 (Minn. Dist. Ct. 1993).
After commencing a RICO suit against a generic drug manufacturer claiming that the drug manufacturer had bribed certain FDA officials in order to receive expedited handling of its NDA, Mr. Anthony successfully obtained a substantial settlement on his client’s behalf.
Knelman v. Inv. Advisors, Inc., No. CO-01-353, 2001 WL 1035144 (Minn. Ct. App. Sept. 11, 2001).
Mr. Anthony obtained for the firm’s client a $2.4 million jury verdict in an employment dispute between an executive and an investment banking firm.
Butwinick v. Minn. Oncology Hematology, P.A., No. C4-99-1861, 2000 WL 1051983 (Minn. Ct. App. Aug. 1, 2000).
Mr. Anthony obtained a $2.2 million jury verdict on behalf of two physicians against their fellow shareholders involving violation of their rights as shareholders.
Roberts v. Prudential Sec., Inc., NASD Arbitration No. 96‑02127 (Dec. 5-7, 1997).
Mr. Anthony obtained a $2.5 million judgment against a securities brokerage firm, Prudential Securities, Inc., using the "well-managed account theory."
Metropolitan Sports Facilities Comm’n v. Minn. Twins P’ship, No. 27-CV-01-016998 (Minn. Dist. Ct. 2002).
Mr. Anthony represented Major League Baseball in a case involving a dispute between the Minnesota Twins, Major League Baseball and the Stadium Commission relating to the obligation of the Minnesota Twins to rent the Metrodome from the Stadium Commission. The case attracted a significant amount of media attention because of the relationship between the Minnesota Twins, the State of Minnesota and Major League Baseball and the efforts of Major League Baseball to undergo contraction.
Dozier v. Advance Circuits, Inc., No. 97-CV-00266 ADM/AJB (D. Minn. Jun. 19, 1999).
Mr. Anthony was lead counsel and represented the defendants. The matter was tried before the Honorable Ann Montgomery in the United States District Court. The plaintiffs were claiming race discrimination and retaliation. The jury returned a verdict in favor of the defendants. The case was dismissed and no appeal was taken.
Minn. Hotel Co. v. ROSA Dev. Co., No. 27-CV-92-003457 (Minn. Dist. Ct. 1995).
Plaintiffs sought an injunction and had claims of $20 million for breach of contract. Mr. Anthony was lead counsel and represented the defendants. The matter was tried before a jury in Ramsey County District Court. The jury returned a verdict in favor of defendants and the case was dismissed.
Publications
- "Betrayed, Belittled . . . But Triumphant: Claims of Shareholders in Closely Held Corporations," William Mitchell Law Review, Vol. 22/No. 4
- "Minority Shareholder Rights - Revisited," The Hennepin Lawyer, Vol. 65/No. 4
- "Prosecuting and Defending Lender Liability Claims," The Hennepin Lawyer, Vol. 5B/No. 3
- "RICO - The Plaintiff's Perspective," RLR Reporter, Inc., New York, NY
- "In Search of Coverage - Understanding Directors and Officers Liability Insurance," The Hennepin Lawyer, Vol. 55/No. 5
- "RICO: The Plaintiff's Perspective," RICO Law Reporter, Chapter 10
- "The Trial of a Civil RICO Claim," RICO Law Reporter, Vol. 1/No. 6
- "Exploring RICO: Civil Remedies for Violations of the Organized Crime Control Act of 1970," The Hennepin Lawyer
- "The Magical, Mystical World of Refusing to Deal Under the Anti-Trust Laws," The Hennepin Lawyer, Vol. 52/No. 1
- "Remedies for the Oppressed Shareholder in a Closed Corporation," The Hennepin Lawyer, Vol. 50/No. 6
Teaching
Mr. Anthony has written extensively and lectured at many seminars on subjects including financial fraud, employment, RICO and other business litigation related matters. He has chaired and lectured at the continuing legal education program known as Lying, Cheating and Stealing.
Mr. Anthony has written extensively and lectured at a number of seminars regarding financial transaction litigation, including the following:
- Masters of the Courtroom - Minnesota State Bar Association
- The Very Best in Complex Litigation: Securities Update and Sarbanes-Oxley Related Developments - Minnesota State Bar Association
- NASD Securities Arbitration - Minnesota Institute of Legal Education
- Securities Law Conference - Minnesota Institute of Legal Education
- The Sarbanes-Oxley Act of 2002 - Minnesota State Bar Association
- Fundamentals of Organizing Minnesota Corporations - Minnesota State Bar Association
- Litigation: Tactics, Problems and Solutions - Minnesota State Bar Association
- Representing Corporations in Shareholder Litigation - Minnesota Institute of Legal Education
- The Minnesota Ultimate Trial Notebook Seminar - Opening Statements - Minnesota Continuing Legal Education
- Representing Shareholders in Closely Held Corporations - Minnesota Institute of Legal Education
- Representing Corporations and Shareholders in Corporate Litigation - Minnesota Institute of Legal Education
- Temple University School of Law, 1719 N. Broad St., Philadelphia, PA. Adjunct Professor of Law: Advanced Trial Advocacy
- Employment Disputes in the Securities Industry - SIA Compliance and Legal Seminar, Chicago, Illinois
- Representing Shareholders in Closely Held Corporations - William Mitchell Law Symposium
- Annual Lying, Cheating & Stealing Seminar - Minnesota Institute of Legal Education
- Food and Drug Law Institute Strategic Planning for Crisis Management
- Buying, Selling & Merging Closely Held Corporations - Litigation Issues - Minnesota Institute of Legal Education
- Buy/Sell & Shareholder Control Agreements - Litigation Issues - Minnesota Continuing Legal Education
- Punitive Damages-Crime & Punishment in Today’s Civil Cases - Minnesota Institute of Legal Education
- Defending Accountants and Lawyers - National Business Institute
- Successfully Representing Financial Institutions - Use of the Racketeer Influenced and Corrupt Organizations Act and Defending Claims Under the Statute - Minnesota Continuing Legal Education
- Advising Closely Held Corporations - Defending Corporation Litigation - Minnesota Continuing Legal Education
- Defending Financial Institutions in Litigation - Minnesota Continuing Legal Education
- RICO, RICO, Everywhere - Minnesota Institute of Legal Education
Professional Activities
Mr. Anthony is a member of the Minnesota State Bar Association, The Hennepin County Bar Association, is a Fellow of The American College of Trial Lawyers, has been inducted into the International Academy of Trial Lawyers, and President of the Minneapolis chapter of the International Network of Boutique Law Firms (“INBLF”). He is a Board member of the Fund for the Legal Aid Society and a Board member of the Council of Crime and Justice. He serves as a member of the Temple University School of Law’s Board of Visitors. Mr. Anthony has also lectured as a visiting professor at Temple University School of Law in 2000 and 2004.
Member of:
Fellow of The American College of Trial Lawyers - www.actl.com
International Academy of Trial Lawyers - www.iatl.net
International Network of Boutique Law Firms - inblf.com
Education
Bachelor of Arts from the University of Connecticut and Juris Doctor from Temple University School of Law. Admitted to bar, 1974, Minnesota.
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Anthony, Joseph W.
Awsumb, Shannon
Baer, Norman J.
Brennan, Nathan P.
Brown, Larina A.
Dressen, Janel M.
Gullickson, Randy G.
Hartman, Aaron R.
Kaplan, Philip J.
Kerbaugh, Steven C.
Knoblauch, Mary L.
Louwagie, Vincent D.
Merrill, Courtland C.
Moilanen, Robert C.
Olson, Cory D.
Ostlund, Richard T.
Phillips, Steven M.
Pincus, Steven M.
Stanton, Cheryl A.
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