The POWER 30: Todd A. Wind.
Byline: Minnesota Lawyer
Fredrikson & Byron P.A.
Todd Wind's practice is fairly broad across the business litigation area, including M&A related disputes, commercial contract matters, minority shareholder claims, and antitrust and competition issues such as false advertising. This has been a busy year in all these areas.
In particular, he has seen an uptick in competition-related litigation, including claims for false advertising or unfair competition under the Lanham Act and consumer claims against product manufacturers and distributors.
"Some of this activity is driven by government regulatory action," Wind said. "For example, when federal or state governments enact regulations banning or limiting the use of certain chemicals and substances in products, private plaintiffs follow with private advertising or product liability claims."
In the area of M&A, Wind has seen a rise in post-closing contractual disputes based on purchase price adjustments, representations and warranties and indemnification agreements. Wind said it is difficult to pinpoint the driver for this increase. "The uncertain economic conditions likely play a part, but also the M&A market was so hot over the last two years and many deals were done at top speed. My sense is that there were some risks taken with regard to the level of due diligence and thus more surprises post-closing and more disputes," he said...
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