Alain M. Baudry
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Alain M. Baudry
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    If Your Employee's A Crook -- When Are Directors of Minnesota Corporations Liable to Commercial Creditors For Torts Committed By Corporate Employees?


    Communications & Media Law

    Electronic Theft and Espionage: Federal Law Provides a Remedy


    Employment Law -- Employee

    Electronic Theft and Espionage: Federal Law Provides a Remedy


    Employment Law -- Employer

    Electronic Theft and Espionage: Federal Law Provides a Remedy


    Personal Injury -- Plaintiff

    If Your Employee's A Crook -- When Are Directors of Minnesota Corporations Liable to Commercial Creditors For Torts Committed By Corporate Employees?


    Science & Technology Law

    Electronic Theft and Espionage: Federal Law Provides a Remedy


     

    Alain M. Baudry
    Firm: Maslon Edelman Borman & Brand, LLP
    Address: 3300 Wells Fargo Center
    90 South Seventh Street
    Minneapolis, MN 55402-4140
    Phone: 612.672.8344
    Fax: 612.642.8344
    E-mail: alain.baudry@maslon.com
    Web site: http://www.maslon.com

    Position Areas of Practice Bar Admissions
    Education Honors Affiliations
    Representative Cases
    Lawyer Profile:

    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).

    Current Employment Position(s):
    Partner

    Areas of Practice:
    Litigation
    Business Litigation
    Competitive Practices/Unfair Competition
    Construction Litigation
    Construction Claims
    Employment Litigation
    Intellectual Property Litigation
    Bar Admissions:
    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
    Education:
    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 - 1987

    Haverford College, Haverford, Pennsylvania, 1984
    B.A.

    Representative Cases:
    Auto-Chlor System of Minnesota, Inc., et al. v. JohnsonDiversey,et al., 328 F.Supp.2d 980 (D.Minn. 2001)
    In re River Park Square Project Bond Litigation (E.D. Wash. 2004)
    Weststeyn Dairy 2 v. Eades Commodities Co., et al., 280 F.Supp.2d 1044 (E.D. Ca. 2003)
    Eugster v. City of Spokane, 76 P.3d 741 (Wash. Ct. App. 2003)
    Triple Crown Nutrition, Inc. v. W.J. Bartus, Inc., et al. (S.D. Fla. 2002)
    Hogle v. Zinetics, 63 P.3d 80 (Utah 2002)
    All Saints Brands, Inc. v. Brewery Group Denmark, A/S, 57 F.Supp.2d 825 (D.Minn. 1999)
    Graham Webb Intern v. Helene Curtis, 17 F.Supp.2d 919 (D.Minn. 1998)
    Larson v. Vermillion State Bank, 567 N.W.2d 721 (Minn.Ct.App. 1996)
    In re Travel Agency Com'n Antitrust Litigation, 898 F.Supp. 685 (D.Minn 1995)
    Classes/Seminars Taught:
    The Best Seminar You Will Ever Attend: What You Need to Know About False Advertising Law. What matters. A Maslon speaker series. July 2007

    Trading talent without trading secrets: How to manage the risks involved in hiring while protecting intellectual property rights. What matters. A Maslon speaker series. May 2006

    Business Torts, William Mitchell School of Law, 2002

    Honors and Awards:
    Hennepin County Bar Association's Pro Bono Publico Private Sector Award, 2000

    Professional Associations and Memberships:
    American Bar Association
    Member

    Minnesota State Bar Association
    Member

    Federal Public Defenders Panel
    Member

    Legal Advice Clinics (Non-Profit)
    Member

    YMCA Camp Du Nord, 1999 - 2001
    Member

    Capitol Hill Magnet School, 2000 - 2001
    Site Council Member

    Past Employment Positions:
    Hon. Harry H. McLaughlin, United States District Court, District of Minnesota, Law Clerk, 1987 - 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
    Profile Last Updated:
    10/28/2009

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