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Thomas J. Undlin


Experience

  • Experience in a wide variety of complex business disputes including: breach-of-contract, fraud, antitrust, securities and intellectual property claims.
  • Has practiced in a wide range of jurisdictions including state and federal courts in Minnesota, Wisconsin, Illinois, New York, Texas and California, as well as varied sponsoring agencies for both domestic and international arbitration and dispute resolution.

Selected Results*

Omnicare, Inc. v. UnitedHealth Group, Inc.:  Represented defendants UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged price-fixing and fraudulent practices relating to prescription drug reimbursement under the federal Medicare Part D program. Plaintiff Omnicare sought damages exceeding $1 billion and permanent injunctive relief. After lengthy discovery and numerous pretrial motions, we obtained summary judgment in favor of our clients on all claims on January 16, 2009.  

In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (Eastern District, New York):  Co-lead counsel for merchant plaintiffs in an antitrust challenge to anticompetitive conduct of Visa, MasterCard and leading financial institutions (pending).

Powell Protection Systems, Inc. v. Best Buy Stores, L.P. (Dallas County, Texas):  Lead trial counsel in defense of action claiming interference with contract and fraud relating to a home audio/video/security wiring program (2007).

Game Financial Corporation v. Global Cash Access (Minnesota, Hennepin County): Lead plaintiff’s counsel in action for interference with contract and prospective business relations (June 2004).

Advanced Communication Design, Inc. v. Premier Retail Networks, Inc. (Case No. 01-1271, 1272, United States Court of Appeals for the Federal Circuit): Defense counsel in action leading to reversal of default judgment and order for preliminary injunction in patent infringement action (September, 2002).

Racal NCS, Inc. v. Alliant Techsystems Inc., The Raytheon Group, Hughes Aircraft Company (Miami, Florida) (AAA International Centre for Dispute Resolution): Defense trial counsel before an international tribunal in a contract dispute relating to an underwater sonar device (December, 2002).

VirtualFund.com v. Melvin Masters (Minnesota, Hennepin County): Lead litigation counsel in shareholder derivative action and related proxy battle (March, 2002).

Carlson Hospitality Group, Inc. v. Diversey Lever, Inc. (Minnesota, Hennepin County): Lead counsel in dispute over vendor supply agreement (October, 2002).

Lockheed Martin Environmental Systems v. Alliant Techsystems Inc. (California, Los Angeles County): Lead trial counsel for defendant in action claiming breach of contract and changed conditions relating to environmental clean-up project at China Lake Naval Weapons Base (August, 1999).

Mission Technologies v. Alliant Techsystems Inc. (Texas, Federal Court): Lead defense counsel in matter claiming theft of trade secrets and breach of contract relating to unmanned aerial vehicle (1999).

Peterson v. Fluegel (Minnesota, Dakota County): Plaintiffs’ trial counsel in professional negligence action (January, 1999).

Metropolitan Life Ins. Co. V. Golden Triangle (Minnesota, Federal Court) (121 F.3d 351 (8th Cir. 1997)): Trial counsel in defense of claims for fraud and breach-of-contract relating to commercial property sales to a real estate investment trust.

KPMG-Piper Fund Litigation (Minnesota, Federal Court): defense counsel in securities and accounting fraud class action (1995).

* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

Memberships

  • American Bar Association (Litigation Section)
  • Minnesota State Bar Association 
  • Hennepin County Bar Association

Bar Admissions

  • Minnesota
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Minnesota
  • U.S. Supreme Court

Education

  • William Mitchell College of Law, J.D., cum laude (1987)
  • St. Olaf College, B.A., Political Science

Articles

  • Unique Aspects of Attorney Malpractice in Financial Transactions
    Minnesota Trial Lawyers Association Seminar (May 9, 1997)

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