Andrew J. Pieper

When multinational corporations, small businesses, and individuals in a variety of industries find themselves facing intractable legal disputes, they turn to Andy Pieper to develop and execute cost-effective trial strategies that leverage his client’s strengths to achieve the best possible results. Andy’s an experienced, first-chair trial attorney who applies his skills no matter how a dispute arises. He’s also a skilled appellate advocate and has secured successful results at the Eighth Circuit Court of Appeals, the Minnesota Court of Appeals, and the Minnesota Supreme Court.

In addition, Andy provides risk mitigation advice to companies seeking to avoid litigation before it begins, and he evaluates the impact of existing and potential disputes on proposed business and commercial transactions.

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Education

University of St. Thomas School of Law, J.D., cum laude

University of St. Thomas, B.A., Aquinas Scholar

Admissions

Minnesota

United States District Court for the District of Minnesota

United States Bankruptcy Court for the District of Minnesota

North Dakota

United States District Court for the District of North Dakota

United States Bankruptcy Court for the District of North Dakota

United States District Court for the Western District of Wisconsin

United States Bankruptcy Court for the Western District of Wisconsin

United States Court of Appeals, Eighth Circuit

Agribusiness, Energy, and Natural Resources

• Negotiated favorable resolution on behalf of New York-based solar energy developer in breach-of-contract dispute with customer management services provider.
• Prevailed on cross-motions for summary judgment in Minnesota federal court in representation to local government unit against plaintiffs who challenged an ordinance designating delivery of mixed municipal solid waste to a designated resource recovery facility on grounds that it violated the Dormant Commerce Clause of the U.S. constitution. Briefed and further argued the case on appeal before the Eighth Circuit Court of Appeals, which affirmed.
• Represented 50% owner of animal feed manufacturer in western Minnesota in shareholder dispute against 50% co-owner under claims for equitable sale or dissolution of the corporation and breaches of fiduciary duties. Prevailed on a contested motion to appoint limited receiver to break deadlocks on issues before the corporate board of directors.
• Successfully defended Nevada energy utility against a declaratory judgment claim in adversary proceeding brought by a Chapter 11 trustee in Delaware bankruptcy court related to the distribution of multimillion-dollar fiber optic network assets.
• Resolved breach of contract, third party beneficiary, and equitable claims on behalf of California biomass energy producer and its affiliates for less than 10% of the plaintiff’s purported damages following summary judgment arguments and on the eve of trial.

Manufacturing, Distribution, and Wholesale

• Successfully defended a startup recreational snow-machine manufacturer against claims for trade secrets misappropriation, breach of contract, and others filed by multinational automotive and motorsports manufacturer in Minnesota federal court.
• Defended manufacturer of demolition and scrap recycling equipment against patent infringement allegations in the Western District of Wisconsin. The matter settled shortly before trial, following claim construction and summary judgment arguments.
• Secured arbitration award, which included compensatory and punitive damages, on behalf of a Minnesota-based wholesale distributor of lumber goods under breach of contract, fraud, and civil theft claims against Illinois-based manufacturer of customized hardwood products.
• Obtained arbitration award in favor of Minnesota lumber goods wholesale distributor on breach of contract claim against Nevada- and Louisiana-based industrial equipment trader while prevailing on personal liability claim against corporate defendant’s sole individual member.

Healthcare and Medical Devices

• Defended medical device manufacturer and two of its Pennsylvania-based sales representatives in Minnesota federal court against claims of trade secrets misappropriation, breach of contract, tortious interference, among others.
• Obtained highly favorable defense verdict on behalf of a medical device manufacturer and one of its Texas-based executives after a seven-day jury trial in Minnesota state court. Prevailed on tortious interference with contract claim and limited the plaintiff to less than 5% of the total damages amount sought.
• Assisted in defense of Kansas City-based medical device sales representative against claims of breach of employment agreement during five-day federal jury trial that resulted in a favorable split verdict and nominal damages. Earlier in the case, prevailed on summary judgment to dismiss tortious interference with contract and other claims against co-defendant medical device manufacturer.
• Represented medical device manufacturer and Maryland-based sales executive in Minnesota federal court and defended against breach of contract, fraud, and tortious interference allegations, among others. The matter was dismissed after discovery closed and following submission of initial briefing on defendants’ summary judgment motion.
• Resolved case involving breach of employment agreements, business defamation, antitrust violations, and other claims in a mutually satisfactory manner on behalf of a Minnesota prosthetics and orthotics service provider and two of its co-owners, after successfully petitioning for an order to show cause why the case should not be dismissed on various grounds.
• Defended medical device manufacturer and several of its New York-based sales personnel against multimillion-dollar claims for tortious interference with contract and breach of employment agreements, among other claims.

Real Estate, Construction, and Development

• Represented former co-owner of a commercial real estate construction company in litigation against his prior business partners on breach of contract and securities-related claims arising out of a member interest purchase agreement. Achieved dismissal of defendants’ counterclaims on a summary judgment motion and later facilitated a settlement for value.
• Prevailed on a motion to enforce a settlement agreement and dismiss claims in Minnesota state district court—and related appeal before the Minnesota Court of Appeals—as part of litigation between two real estate developers who sought to separate their business interests.
• Secured a settlement valued at more than $1.2 million in monetary and non-monetary relief on behalf of a group of homeowners through litigation against a Twin Cities suburban municipality on claims of unlawful takings in violation of state and federal constitutions, negligence, trespass, and nuisance arising from allegations of frequent, substantial flooding that resulted from road and stormwater drainage improvements.
• Favorably resolved inverse condemnation litigation in Wisconsin state court against a municipality on behalf of individual homeowners who experienced significant stormwater accumulation caused by changes to drainage patterns made during a road resurfacing project.

Technology and E-Commerce

• Represented payroll processing software developer in concurrent federal and state litigation involving claims for breaches of contract, breaches of fiduciary duties, copyright infringement, trade secrets misappropriation, among others.
• Defended Fortune 50 e-commerce retailer in federal court against breach of contract and other claims, which were dismissed after asserting counterclaims related to the plaintiffs’ purported sale of counterfeit goods.
• Represented major multinational internet retailer and e-commerce services provider in numerous consumer and commercial arbitrations in jurisdictions throughout the United States.

Pro Bono Representation

• Successfully argued before the Minnesota Supreme Court on behalf of two individuals under civil commitments and obtained a result finding a clearly established federal constitutional right in timely implementation of court orders while overcoming a qualified immunity defense.
• Represented League of Women Voters-Minnesota, Common Cause-Minnesota, and Minnesota Second Chance Coalition as amici curiae before the Minnesota Court of Appeals and the Minnesota Supreme Court in an action seeking to restore voting rights for citizens previously convicted of felonies and now living in the community on probation and supervised release.
• Represented the American Civil Liberties Union and the ACLU of Minnesota as amici curiae before the Minnesota Supreme Court in a case alleging violations of the Education Clause in the Minnesota Constitution for de facto segregation of school districts on basis of race and socioeconomic status.

Insights & Presentations

• “Companies Take Note: SCOTUS Expands Scope of General Personal Jurisdiction” (co-author), Corporate Counsel, Law.com, August 2023
• “Businesses should take note of ruling on suit jurisdiction, attorney advises” (quoted), Minnesota Lawyer, July 2023
• “Stoel Rives, Dorsey Attys Break Ground For Minn. Detainees” (quoted), Law360, March 2023
• “MSOP transfers must be timely” (quoted), Minnesota Lawyer, February 2023
• “Legal Talk: Anatomy of Business Litigation,” Thought Leadership Podcast,The Minneapolis/St. Paul Business Journal, October 2022
• “Legal Talk: Dispute Resolution in Times of Economic Uncertainty,” Thought Leadership Podcast, The Minneapolis/St. Paul Business Journal, September 2022
• “Upcoming SCOTUS Decision May Upend Jurisdiction Over Corporations” (co-author), Corporate Counsel, June 2022
• “Potential Liability From Stormwater-Related Projects & Infrastructure,” Minnesota Association of City Attorneys Annual Conference, February 2020

• "Attorney of the Year,” Minnesota Lawyer, 2023
• Listed among Rising Stars (Business Litigation), Minnesota Super Lawyers^®, 2015–2021
• North Star Lawyer, Minnesota State Bar Association (recognition for donating 50+ annual pro bono hours), 2012, 2016, 2018, 2020–2022
• Scholarly Engagement and Societal Reform Award, University of St. Thomas School of Law

Professional

• Member, Minnesota State Bar Association
• Member, Federal Bar Association
• Member, Ramsey County Bar Association

Civic

• Volunteer Attorney, Federal Bar Association—Pro Se Project, 2015–present
• Volunteer, University of St. Thomas School of Law Mentor Externship Program, 2019–present
• Steering Committee Member, Nativity County Fair, 2023–present
• Nativity of Our Lord (St. Paul, Minnesota) Pastoral Council, Former Member