Practice Group | Bassford Remele

Antitrust/Unfair Competition

Competition is an important part of business and, sometimes, so is having the right lawyers. At Bassford Remele, we have helped clients of all sizes, across a number of industries, put a stop to competitors’ unfair practices, as well as defended clients accused of the same. From broad-sweeping antitrust suits, to false advertising claims, to wrongful franchise termination disputes, we thoroughly and thoughtfully advise our clients on the best action to achieve the greatest result.

We bring decades of experience in unfair competition litigation, at both the state and federal court levels. Some past successes include protection of a $100 million medical research project, resolving a case involving theft of copyright for a major real estate company, and landing a decision in favor of our client in a computer equipment trade secret dispute worth more than $800 million.

Representative Cases

Represented a global computer-equipment company, obtaining a decision affirming and reinstating an arbitration award resulting in a total award exceeding $800 million in a misappropriation of a trade secret dispute. Seagate Tech., LLC v. Western Digital Corp., 854 N.W.2d 750 (Minn. 2014).

Represented a global agricultural corporation in a multimillion dollar grain, fertilizer, oil and oil field supplies transloading site in Canada involving breach of contract, tortious interference, and equitable claims.

Represented a global medical-device company in district court and on appeal, winning summary judgment on liability for breach-of-contract and tortious interference claims, together with a jury verdict and seven-figure judgment, including an attorneys’ fees award. St. Jude Med., S.C., Inc. v. Biosense Webster, Inc., 818 F.3d 785 (8th Cir. 2016).

Represented a group of distributors, obtaining dismissal of an antitrust class action. Insulate SB, Inc., 797 F.3d 538 (8th Cir. 2015).

Represented a global manufacturer in a dealer termination action enforcing the Minnesota choice-of-law and forum-selection provision and rejecting the claimed applicability of the New Jersey Franchise Practices Act.

Represented a global medical-device company, obtaining injunctive relief protecting a $100 million research and development project in a breach of non-competition covenant, and misappropriation of confidential information matter.

Represented a realty company and its parent company, obtaining a favorable outcome in a theft of a copyright and antitrust matter.

Represented a realty company, obtaining dismissal in an alleged unlawful combination or conspiracy in restraint of trade and breach of settlement agreement dispute., Inc. v. Regional Multiple Listing Serv. of Minn., Inc., 840 F. Supp. 2d 1174 (D. Minn. 2012).

Represented a global manufacturer, obtaining an opinion establishing comity principles of staying a duplicative dealer termination action in deference to prior foreign (Canadian) proceedings. Boushel v. Toro Co., 985 F.2d 406 (8th Cir. 1993).

Represented an international manufacturer, obtaining a decision establishing a principle that an enforceable noncompetition covenant can be defined in terms of “conflicting product” and “conflicting organization” without express geographic limitations. This was the first case to establish that unreported Minnesota Court of Appeals’ decisions have no precedential value. Dynamic Air Inc. v. Bloch, 502 N.W.2d 796 (Minn. App. 1993).

Represented an agricultural cooperative, obtaining a decision establishing many principles of South Dakota law concerning noncompetition agreements, misappropriation of trade secrets, and related recovery of compensatory damages, punitive damages, and attorneys' fees. CENTROL, Inc. v. Morrow, 489 N.W.2d 890 (S.D. 1992).