Shareholder | Minneapolis
David enjoys a diverse practice, splitting his time between civil litigation and business & transactional matters, particularly focused on commercial real estate, business law, and employment law. In any matter, David keeps the big picture in view and strives to obtain creative solutions in an economical fashion for his clients.
As a general business lawyer, David assists clients in a variety of different practice areas including entity formation and conversion; trademark registration and prosecution; trade secret protection; real estate acquisition, development, and commercial leasing; employment counseling and litigation; and mergers and acquisitions. His recent business and transactional matters include the following:
- Represented multi-state retailer in $25 million asset sale.
- Represented seller of industrial manufacturing business and related real estate in multi-part transaction with multiple parties for a combined consideration in excess of $20 million.
- Assisted real estate developer in the acquisition of two contiguous parcels for $3.5 million.
- Guided sale of commercial office building in south Minneapolis for $3 million.
- Assisted developer in acquisition of downtown Minneapolis real estate for future mixed-use development.
- Represented an entertainment services company in a $5 million asset sale.
As a litigator, David represents clients in federal and state court, before administrative agencies, and on appeal. Throughout litigation, he maintains an open line of communication with clients and continually assesses the best avenue for obtaining optimal results.
Recently, David has obtained the following results:
- Assisted minority equityholder of large, closely-held Minnesota business in negotiating favorable buy-out in pre-litigation settlement of claims related to breaches of fiduciary duties and equityholder’s reasonable expectations.
- Prevailed before the Minnesota Supreme Court on behalf of pro bono client in precedential case strengthening the constitutional rights of automobile passengers to be free from unreasonable searches and seizures. State v. Sargent, 968 N.W.2d 32 (Minn. 2021).
- Won summary judgment on liability on behalf of commercial landlord against former tenant, tenant’s shareholder, and the buyer of tenant’s assets on all counts, including claims of fraudulent transfers in violation of the Minnesota Uniform Voidable Transactions Act (MUVTA) and civil theft.
- Successfully represented group of local citizens before Minnesota Court of Appeals, which reversed city’s decision declining to conduct Environmental Impact Statement (EIS) for major motorsports project in southern Minnesota. Matter of Determination of Need for Env’t Impact Statement for Mankato Motorsports Park, 2021 WL 1604359 (Minn. Ct. App. Apr. 26, 2021).
- Secured early dismissal of complaint alleging fraud, unjust enrichment and other claims on behalf of former business-owner defendant.
- Obtained reversal of conviction on behalf of pro bono client before Minnesota Court of Appeals on grounds of prosecutorial misconduct. State v. Ancke, 2018 WL 2470675 (Minn. Ct. App. June 4, 2018).
David is also active in the community. He serves as a pro bono appellate public defender through the Minnesota Appellate Public Defender’s Office, representing indigent clients in the state appellate courts as they seek to overturn their convictions. In 2022, David received an “Excellence Award” from the Hennepin County Bar Association in recognition of his commitment to pro bono service. He has also been recognized as a Minnesota “North Star Lawyer” multiple times, a designation recognizing private practice attorneys’ commitments to pro bono service. Over the years, David has volunteered his time with various community organizations, including mentoring high school students at Patrick Henry High School in North Minneapolis and serving on a neighborhood association board in South Minneapolis.
In his spare time, David enjoys being active. You can catch him on a bicycle, at the hockey rink, or spending time in nature. Also an avid traveler and adventurer, David lived with indigenous peoples in the Amazon and bicycled across the United States from coastal Maine to Seattle. He lives in Minneapolis with his wife and their two giant rescue dogs.
Honors & Awards
- Excellence Award for Providing Pro Bono Service, Hennepin County Bar Association – 2022
- North Star Lawyer, Minnesota State Bar Association, – 2015, 2017-2022
- Rising Star, Minnesota Super Lawyers – 2018-2023
Professional and Civic Activities
- Minnesota State Bar Association
- Real Property Law Section Member
- Hennepin County Bar Association
- Kingfield Neighborhood Association Board Member