Biography

Jeff is a renowned trial lawyer who has successfully litigated complex commercial and contractual disputes — including class actions — to juries, courts and arbitrators in more than 45 different federal and state courts throughout the United States.

Clients, ranging from emerging businesses to Fortune 500 companies, call upon Jeff for strategic solutions to contract, tort and statutory disputes, including insurance coverage disputes, as well as health care matters, tortious interference and unfair competition claims and disputes arising out of mergers, acquisitions and other transactions.

Representative Matters

Commercial Contracts Litigation

  • Represented Prime Therapeutics, Inc., a pharmacy benefits manager, in a class action brought by several pharmacies for breach of contract. Successfully compelled arbitration of the class action and defended one of the first class arbitrations.
  • Represented ev3 Inc., a medical device manufacturer, in a multimillion-dollar dispute with Bard International, Inc. in several international distribution contracts.
  • Represented FoxHollow Technologies Inc., a medical device manufacturer, in a dispute with Scion Cardio-Vascular in a joint venture agreement to co-develop a medical device.
  • Represented Wells’ Dairy, Inc. in a $37 million claim against Dreyer’s Grand Ice Cream, Inc., concerning the alleged breach of a multiyear production contract.

Insurance Litigation

  • Represented Select Comfort Corporation in a jury trial against its liability insurer for breach of duty to defend. Jury found in favor of Select Comfort.
  • Represented UnitedHealth Group against numerous managed care liability insurers seeking coverage for an underlying claim of more than $200 million that was tried to multiple juries in separate trial phases.
  • Represented KLA-Tencor Corporation in a series of insurance coverage lawsuits in which KLA-Tencor sought coverage for the defense of patent infringement lawsuits.
  • Represented a health insurer in four separate arbitrations against its reinsurers, three of which were tried to three-person arbitration panels resulting in the recovery of more than $15 million.
  • Represented UnitedHealth Group in a $25 million coverage dispute that was tried in Pennsylvania State Court to court-appointed referee in the Reliance Liquidation.
  • Represented Lutheran Brotherhood/Thrivent Financial in coverage litigation against liability insurers concerning vanishing premium class actions.

Mergers & Acquisitions Litigation

  • Represented ev3 Inc. in a jury trial against former shareholders of a company acquired by ev3 in which the former shareholders alleged that more than $100 million of milestone payments were owed.
  • Represented a venture capital company in a dispute regarding the sale of a company held by the venture capital company, in which the acquiring company alleged that certain misrepresentations were made in the disclosures contained in the asset purchase agreement.
  • Represented the purchaser of an overseas distilled products business in an arbitration against the seller regarding defective finished and unfinished inventory.

Tortious Interference/Unfair Competition/Noncompete Litigation

  • Represented Blue Cross and Blue Shield of Minnesota in a tortious interference claim brought by the former GC of the Minnesota Hospital Association and obtained summary judgment, which was affirmed on appeal.
  • Represented ev3 Inc. in a lawsuit against Cardiovascular Systems, Inc. and several former employees involving alleged trade secrets and nonsolicitation violations.
  • Represented ACN Group in a lawsuit by a network of chiropractors seeking to enforce a noncompete provision. Successfully defeated a motion for a preliminary injunction.
  • Represented a former employee who formed a joint venture with a Fortune 100 company to manufacture and export distilled products and was sued in arbitration by his former employer for alleged unfair competition and trade secret violations.

ERISA Litigation

  • Represented Select Comfort Corporation in a dispute with MetLife, Inc. over its refusal to transfer plan funds to a new service provider and obtained a preliminary injunction requiring MetLife to transfer the plan funds.
  • Represented a life insurance company and a financial holdings company in a dispute with a medical technology and services company over the sale of group life insurance policies.
  • Represented Federated Mutual Insurance Company in an ERISA pre-emption dispute.

Before Fox Rothschild

Prior to joining Fox, Jeff was a partner at Oppenheimer Wolff & Donnelly LLP where he practiced since 1988 and held several leadership positions, including chair of the firm, chair of the Business Litigation Group for more than eight years and the firm’s general counsel from 1998 to 2013.

Immediately after law school, Jeff was a law clerk from 1986 to 1988 for the Honorable Donald D. Alsop, then-Chief Judge of the U.S. District Court for the District of Minnesota.

Beyond Fox Rothschild

Jeff is the author of “Tortious Interference," a Minnesota Business Torts Deskbook published in 2008 and updated by Jeff in 2009, 2011 and 2013.

Honors & Awards

  • Included in a list of Best Lawyers in America (2017)

  • Included in the list of “Super Lawyers” in Business Litigation (2004-Present) in Super Lawyer Magazine
  • Named as one of the leading General Commercial Litigation attorneys in Minnesota by Chambers USA (2016)

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