Alain is a partner in Maslon's Litigation Group and maintains a robust practice in federal and state courts in unfair competition (including trade secret misappropriation and non-compete disputes), securities laws, franchise and distribution law, and valuation disputes. In March and April 2007, Alain played a major role in representing the defendant in a trade secret misappropriation case where the plaintiff sought $110 million in damages. After a 3 1/2 week jury trial in federal district court, involving over a dozen fact witnesses and five expert witnesses, the jury returned a verdict in favor of Alain's client, finding no liability for trade secret misappropriation.
In 2006, Alain represented a major local corporation in a significant employment dispute with a terminated employee who misused the employer's confidential information and following termination asserted rights in the employer's intellectual property that the employee had assisted in developing. Alain obtained total vindication for his client, including both temporary injunctive relief and a subsequent five year stipulated injunction prohibiting the employee from competing with the employer. As part of the resolution, the employee also disclaimed any interest in the employer's intellectual property.
In 2006, Alain also successfully obtained summary judgment on behalf of two shareholders and directors of a corporation whose president had committed financial fraud in a multi-million dollar action by a bank claiming that the shareholders were vicariously liable for the president's fraud. Alain obtained summary judgment from the Hennepin County District Court dismissing the bank's claims against the shareholders.
From 2003 to 2005, Alain served as lead counsel for an indenture trustee prosecuting a $31.5 million securities fraud action against the City of Spokane, culminating in a $3.15 million dollar settlement plus costs and attorneys fees for bondholders. In addition, during 2003 and 2004 Alain was lead counsel for a chemical manufacturer sued by eight of its dealers alleging breach of non compete and intellectual property provisions in the dealer contracts. He successfully obtained summary judgment on behalf of the client. See Auto-Chlor Systems, Inc. v. JohnsonDiversey et al., 328 F.Supp.2d 980 (D. Minn. 2004). Finally, in 2003, Alain successfully obtained summary judgment on behalf of a secured asset lender in a lender liability lawsuit brought by eight California dairy farmers. Weststeyn Dairy v. Eades Commodities Co. et al., 280 F.supp. 1044 (E.D.Cal. 2003).
Litigation Business Litigation Competitive Practices/Unfair Competition Construction Litigation Construction Claims Employment Litigation Intellectual Property Litigation
Minnesota, 1987 U.S. District Court District of Minnesota, 1988 U.S. Court of Appeals 8th Circuit, 1989 Utah, 2000 U.S. District Court Southern District of Florida, 2000 U.S. District Court Central District of California, 2000 U.S. District Court Western District of North Carolina, 2001 U.S. District Court Eastern District of Washington, 2001 U.S. District Court District of Idaho, 2002 Washington, 2003 U.S. District Court Southern District of New York, 2004
University of Minnesota Law School, Minneapolis, Minnesota,
1987 J.D. Honors: magna cum laude
Honors: Order of the Coif
Law Review:
Member, Minnesota Law Review, 1985 - 1987Haverford College, Haverford, Pennsylvania,
1984 B.A.
The Best Seminar You Will Ever Attend: What You Need to Know About False Advertising Law. What matters. A Maslon speaker series. July 2007Trading talent without trading secrets: How to manage the risks involved in hiring while protecting intellectual property rights. What matters. A Maslon speaker series. May 2006Business Torts, William Mitchell School of Law,
2002
American Bar Association MemberMinnesota State Bar Association MemberFederal Public Defenders Panel MemberLegal Advice Clinics (Non-Profit) MemberYMCA Camp Du Nord,
1999
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2001 MemberCapitol Hill Magnet School,
2000
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2001 Site Council Member
Past Employment Positions:
Hon. Harry H. McLaughlin, United States District Court, District of Minnesota, Law Clerk,
1987
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1988
Languages:
French
Birth Information:
1960, New York, New York, United States of America
West Practice Categories:
Business & Commercial Law, Securities Law, Directors' & Officers' Liability, Shareholders' Rights