Education:
Carleton College B.A. 1981
- Magna Cum Laude, Phi Beta Kappa
- Awarded Distinction in Political Science, Distinction on Senior Thesis
Stanford University Law School J.D. 1985
- Awarded Holmes Oehlman Prize for excellence in legal research and writing
Bar Admissions:
David is a member of and licensed to practice before the following courts:
Federal Courts
- United States Supreme Court
- 7th Circuit Court of Appeals
- 8th Circuit Court of Appeals
- Wisconsin Federal District (trial) Court
- Minnesota Federal District (trial) Court
State Courts
- Minnesota Supreme Court
- Minnesota Court of Appeals
- Minnesota District Courts
- Wisconsin Supreme Court
- Wisconsin Court of Appeals
- Wisconsin District Courts
- In addition, David has handled cases in 14 other states.
Court Appointments:
Federal Public Defense Panel – District of Minnesota
- Appointed by the Federal District Courts in Minnesota to represent criminal defendants in Minnesota federal courts
8th Circuit Court of Appeals Civil Justice Act Panel
- Appointed by the 8th Circuit Court of Appeals to represent defendants in criminal appeals
Board on Legal Certification
- Appointed by the Minnesota Supreme Court to serve on the Board of Legal Certification, the agency that certifies attorneys as specialists in a particular practice area
Committee on Appellate Rules
- Appointed by the Minnesota Supreme Court to serve on the committee which reviews and proposes changes to the rules governing appeals in Minnesota
Other Appointments and Board Work:
Board Member, Council on Crime and Justice
Board Member/Chair, Innocence Project of Minnesota
Board Member, Theater Space Project
Litigation and Trial Experience:
David has been a trial lawyer in public and private practice for twenty-five years, with experience in private practice and the attorney general’s office in felony criminal matters and all manner of civil cases. During his quarter century in the courtroom, David has handled virtually every kind of case that comes through the Ramsey County Attorney’s Office. He has represented every kind of client – from the largest corporations and their CEO’s to the most disadvantaged members of our society.
Types of Cases Handled (civil):
- Antitrust
- Breach of Contract
- Breach of Fiduciary Duty
- Civil Commitment
- Class Actions
- Commercial and Business Litigation
- Constitutional Law
- Consumer Fraud
- Copyright Infringement
- Defamation
- Employment
- Environmental
- ERISA
- False Claims Act
- Health Care Fraud
- Insurance Coverage
- Internet Disputes
- Legal Malpractice
- Mass Torts
- Medical Devices
- Medical Malpractice
- Negligent Design and Construction of Roadways
- Patent Infringement
- Personal Injury (including domestic violence)
- Physician Licensing
- Police Misconduct
- Products Liability
- Real Estate
- RICO (Racketeer Influenced Corrupt Organization Act) Cases
- Section 1983 Civil Rights Claims
- Sexual Psychopathic Personality Commitment
- Shareholder Disputes
- Software Licensing
- Tax Appeals
- Theft of Trade Secrets
- Toxic Torts
- Trademark Infringement
- Unfair Competition
- Wrongful Death
Types of Cases Handled (criminal):
- Animal Cruelty
- Assault
- Criminal Syndicalism
- Death Penalty
- Disorderly Conduct
- Drugs
- Eighth Amendment
- Fifth Amendment
- Forgery
- Fourth Amendment
- Medicaid Fraud
- Medicare Fraud
- Murder
- Perjury
- Ponzi Schemes
- Rape
- Sexual Assault
- Sixth Amendment
- Theft by Swindle
- Unlawful Gambling
- White Collar
Statistics:
Court Appearances – Over 1,000
Civil and Criminal Trials – 31
David has tried both Civil and Criminal cases in State and Federal Courts as an Assistant Attorney General and a partner in private practice. His trials include a complex five week fraud trial in Ramsey County District Court.
Appeals Argued – 32
David has argued cases in State and Federal Appellate Courts including the Minnesota Supreme Court and the 7th and 8th Circuit Federal Courts of Appeal. David is a member of the bar of the United States Supreme Court and has appeared there on behalf of petitioners seeking writs of certiorari.
Teaching Experience:
Carleton College: Lectured undergraduate in Constitutional Law
Stanford University: Taught undergraduate course in Criminal Law and Procedure
University of Prague: Taught course in Commercial Law and Litigation
University of Minnesota Law School: Taught legal writing and advocacy to law students
William Mitchell College of Law: Taught legal writing and advocacy to law students
Hamline University Law School: Taught course on health care compliance and fraud
National Institute of Trial Advocacy (NITA): Taught trial skills to practicing lawyers
Articles and Presentations:
David has authored over 25 articles and presentations which have appeared in a variety of legal periodicals and handbooks, including the prestigious National Law Journal. The National Law Journal is a weekly newspaper established over 30 years ago, that reports legal information of national importance to attorneys, including federal circuit court decisions, verdicts, practitioners’ columns, coverage of legislative issues and legal news for the business and private sectors. In addition, David has taught continuing legal education seminars to over a thousand lawyers from 30 states and Canada, including to the prestigious Sedona Conference and the prestigious Network of Trial Law Firms.
International Experience:
Kosovo
American Bar Association (ABA)
Central and Eastern European Law Initiative (CEELI)
David was asked by the CEELI Country Director in Kosovo to recruit and direct a small group of lawyers to assist in the development of the manual for criminal procedure used by judges in Kosovo. This project involved meeting with and teaching judges in Kosovo how to reestablish and implement the Rule of Law after the war. The bench book was accepted by the United Nations mission in Kosovo and adopted by the U.N. General Assembly.
Nairobi, Kenya
Upon the recommendation of Senator David Durenberger, David was hired by the family of a slain priest, Fr. John Kaiser, to assist the lawyers in Kenya with the official inquest into Fr. Kaiser’s murder. As a result of their combined efforts, Fr. Kaiser’s good name was restored as it was determined that his death was homicide, not a suicide.
Prague, Czech Republic
David was asked to spend a week in residence teaching law at a University in Prague.
Honors, Awards and Certifications:
Civil Trial Specialist:
National Board of Trial Advocacy
In order to be certified by the National Board of Trial Advocacy, one must meet rigorous trial experience requirements, ethical requirements, and demonstrate one’s competence via testing. One cannot simply pay a fee to join. Those attorneys who are certified have proven competency to their peers in the Bar and to Judges. The NBTA is accredited by the American Bar Association.
Civil Trial Specialist:
Minnesota State Bar Association
Certified by the Minnesota State Bar Association as a Civil Trial Specialist. The Minnesota State Bar Association certification puts David in distinguished company, as only 2 percent of licensed attorneys in the state of Minnesota reach the honor. To become certified, an attorney must complete a rigorous approval process to guarantee their qualifications meet the experience and skills as a specialist in their practice area. An attorney must also demonstrate they have participated in the preparation and trial of significant civil cases and are familiar with the negotiations and pre-trial process, as well as with the civil case rules of evidence, procedure and law.
Super Lawyer:
Voted by his peers as one of the top lawyers in the State of Minnesota for the last 13 years in a row, including Top 40 IP Litigator 2001, and Top 40 Appellate Lawyer 2000, 2002. The Super Lawyer selection process includes peer nominations, a blue ribbon panel review and independent research of candidates. Only 5 percent of the attorneys in the state are named to the list.
Public Attorney of the Year:
Nominated by his peers for Public Attorney of the Year, 1996
Rising Young Star:
Voted by his peers as a rising young star, 1997. The honor recognizes young lawyers whose skills and reputation marks them as up-and-comers in their profession.
