Justin Perl is a partner in Maslon's Litigation Group and currently chairs its Intellectual Property Litigation Group. He has more than 25 years of experience consisting primarily of complex business litigation, representing both plaintiffs and defendants in a variety of areas, including breach of contract disputes, business tort and fraud actions, unfair competition and non-compete litigation, employment/whistleblower claims, post-acquisition disputes concerning sales of businesses, and other commercial litigation. A significant part of his practice is devoted to various aspects of intellectual property litigation, including licensing, trade secret, unfair competition, trademark, copyright, patent, and royalty cases. Justin's experience includes numerous first chair jury trials, bench trials, arbitrations, as well as appeals, motion practice, all aspects of pleading and discovery, case evaluations, and settlement negotiations. His cases involve both two-party and multiple party litigation in various state and federal courts.
Braun v. Wal-Mart Stores, Inc. (approximately three-month class action trial in Dakota County, Hastings, Minnesota, September-December, 2007 (Judge Robert King, Jr.) representing 56,000 former and current Wal-Mart hourly employees relating to alleged wage and hour abuse employment practices such as off-the-clock work and inability to obtain contractual and statutorily-mandated rest and meal breaks).
MedCam v. MCNC (three-week arbitration hearing in Minneapolis and Raleigh, North Carolina, September 2006 (retired Judge Robert Schiefelbein) defending MCNC, formerly Microelectronics Center of North Carolina, a technology-based economic development non-profit company, in a $165 million dispute over a development and license agreement claiming misappropriation of claimant's technology; the arbitrator rejected all claims, finding in MCNC's favor on issues relating to the definition of the applicable field of use and operation of the parties' noncompete agreement and awarded no damages).
Kean Argovitz Resorts v. Willard Smith v. Lakes Entertainment, Inc. (Four-week jury trial in Harris County, Houston, Texas (Judge Kent Sullivan), April-May 2005, defending Lakes Entertainment, a publicly traded entity in the business of financing and managing Indian gaming operations, in a dispute with joint venture partners and others seeking to unwind two significant projects under theories of breach of contract, unjust enrichment, and fraudulent conveyance theory; the jury rejected all claims).
Wilson Learning Corporation v. Societe Performan, S.A. (one-week arbitration hearing, September, 2002, seeking and obtaining the termination of client's French distributor and rejection of over 95% of distributor's damage claims).
Goldenberg v. Goldenberg (trial of marital dissolution action, October, 2001, Hennepin County District Court (Judge Stephen Swenson); claims related to law firm valuation, nonmarital property and spousal maintenance).
Legion Insurance Company v. Arnstein & Lehr (several week jury trial of legal malpractice action, January, 2000, United States District Court (Judge Richard Kyle) relating to alleged negligence committed by law firm regarding its underlying representation of a psychiatrist in numerous psychiatric malpractice actions).
In Re the Marriage of Rhonda Ajax and Terry J. Ajax (Court File No.: F9-95-2278) (trial of child custody dispute, January, 1997, Anoka County District Court (Judge Stanley Thorup)).
Christy and Pillsbury v. United States of America, 1986 WL 9819 (D. Minn. 1986) aff'd, 841 F.2d 809 (8th Cir. 1988), cert. denied, 489 U.S. 1016 (1989) (represented two Minnesota state troopers in court trial and obtained judgment on their behalf, and equal treatment for hundreds of other state troopers similarly situated, allowing them to deduct certain meal expenses as ordinary and necessary business expenses under Section 162(a) of the Internal Revenue Code).
Upper River Services, Inc. v. Pilot River (represented plaintiff in jury trial in a lender liability action against bank on a claim of conspiracy to commit fraud; after successful trial on liability and damages, case settled prior to punitive damages phase).
Pickwick v. Motown (jury trial in United States District Court for the Southern District of California (Judge Edward Rafeedie) over alleged breach of contract relating to Pickwick's termination of its record distribution business).
Ecolab v. Kohnstamm (represented Ecolab in successful arbitration against an entity from whom it purchased assets in a post-acquisition dispute relating to an indemnification provision in the purchase agreement).
Abrams Metals v. County of Hennepin (tax exemption dispute tried to the court in Hennepin County (Judge Harvey Holtan)).
Miller Milling v. American Express (successfully represented Miller Milling in an arbitration before the Chicago Board of Trade relating to an unauthorized transaction by Miller Milling's broker).
Minnie A. Peterson v. Hao Vo (first jury trial - successfully represented non-English speaking defendant/counterclaimant in a property damage automobile accident case in which plaintiff recovered nothing and counterclaimant recovered all alleged damages).
Reported and Appellate Decisions
Iowa Paint Mfg. v. Hirshfield Paint Mfg., Inc., No. 03-CV-40451 (S.D. Iowa 2003) (trial court denied adverse party's motion for preliminary injunction, allowing Maslon client to continue operations in the State of Iowa without the need to change the allegedly infringing trademark).
Bonzel v. Pfizer Inc, No. C9-03-47, 2002 WL 21743768 (Minn. Ct. App. 2003) (co-counsel for Pfizer in a license dispute in which the licensor sought a $1 billion share of proceeds from the sale of a subsidiary of Pfizer which held the licensed asset. The Minnesota Court of Appeals affirmed dismissal of the claim, and the Minnesota Supreme Court subsequently denied plaintiff's petition for review). See also Bonzel v. Pfizer Inc, No. Civ. 04-1401 (ADM/SRN), 2004 WL 2475564 (D. Minn. Nov. 2, 2004) (plaintiff's attempt to reassert similar claim under a patent infringement theory rejected by Federal District Court).
Rosales v. Kean Argovitz Resorts, 35 F. Appx. 562, 2002 WL 1033662 (9th Cir. 2002) (unpublished) (disgruntled members of Jamul Indian Tribe unsuccessfully sought to unwind management contract between Maslon client and the Tribe under the theories of race discrimination, claiming that their voting rights had been disenfranchised in violation of the Equal Protection Clause of the Constitution).
Hoffmann Electric Co. v. Robins Kaplan Miller & Ciresi, No. C9-00-230, 2000 Minn. App. LEXIS 1295, 2000 WL 1869556 (Minn. Ct. App. Dec. 26, 2000) (unpublished) (represented lawyer and law firm in legal malpractice action, successfully obtaining affirmance of lower court's dismissal of suit alleging breach of contract, breach of fiduciary duties, and negligence for failing to commence action within statute of limitations).
Hubbard Feeds, Inc. v. Animal Feed Supplement, Inc., 182 F.3d 598 (8th Cir. 1999) (represented Hubbard Feeds, a manufacturer of animal feed products, against a competitor for violating its registered trademark).
Nunez-Escudero v. Tice-Menley, slip op. (D. Minn. January 23, 1994), rev'd and remanded, 58 F.3d 374 (8th Cir. 1995) (represented a father seeking the return of his infant son to Mexico pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and established the factors to be applied in the Eighth Circuit regarding such Hague Convention petitions).
Hall v. Creative Games Technology, Inc., 825 F. Supp. 1422 (D. Minn. 1993), aff'd, 27 F.3d 572 (8th Cir. 1994), cert. denied, 513 U.S. 1155 (1995) (represented Grand Casinos, Inc. and its affiliated entities in a several hundred million dollar dispute seeking a declaration that certain contracts relating to Indian-gaming operations were void for failure to comply with the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701 - 21, and other related statutes. Grand Casinos prevailed after establishing that the Indian tribes, who were not parties to the action, were indispensable parties pursuant to Fed. R. Civ. P. 19).
La Societe Generale Immobiliere v. Minneapolis Community Development Agency, 827 F. Supp. 1431 (D. Minn. 1993), rev'd, 44 F.3d 629 (8th Cir. Minn.), cert. denied, 516 U.S. 810 (1995) (represented City of Minneapolis and its development agency on appeal and reversal of $34 million verdict in an action by developer for alleged breach of contract and injury to developer's reputation).
Westinghouse Credit Corp. v. J. Reiter Sales, Inc., 443 N.W.2d 837 (Minn. App. 1989) (established rule of law in Minnesota allowing judgment creditor to attach debtor's nonqualified retirement plan).
Matter of Estate of Weber, 418 N.W.2d 497 (Minn. App. 1988) (represented law firm, Oppenheimer, Wolff & Donnelly, which served as counsel for estate, relating to claim of alleged conflict of interest, successfully establishing counsel's authority to act on behalf of estate; also represented the same law firm in a companion Federal case brought by beneficiaries of the estate which settled after jury selection).
Eustis v. David Agency, Inc., 417 N.W.2d 295 (Minn. App. 1987) (obtained dismissal of contribution claim in claim against attorney brought by insurer against its adversary attorney for alleged negligence).
Progress Aviation v. Republic Airlines, 1986 WL 15157 (D. Minn. 1986) (successfully represented Republic Airlines in a brokerage contract dispute commenced by a purported broker of aircraft; the case commenced in Federal District Court in Minnesota and was later litigated in the courts of Mexico, the Dominican Republic and France, where it was tried and the claim eventually dismissed).
United Technologies Communications Co. v. Washington County Board, 624 F. Supp. 185 (D. Minn. 1985) (challenged a public bidding process for a county government center telephone system and obtained an injunction on behalf of client, United Technologies, prohibiting performance of the contract and forcing a new bid).
Dollar Travel Agency, Inc. v. Northwest Airlines, Inc., 354 N.W.2d 880 (Minn. App. 1984) (successfully represented Air Traffic Conference of America and obtained dismissal of fraud claim on ground of res judicata).
Justin Perl biography and case history - Attorney biographies - Maslon Commercial Law Firm, Minneapolis, MinnesotaCases & Transactions
Representative Cases
Anderson v. Movie Gallery, Inc. (defended whistleblower and sexual harassment claims brought against publicly traded client by former administrative assistant for company's chief executive officer).
Cryo-Cell International, Inc. v. Cryo-Cell Europe (obtained termination of exclusive European distributor and collection of royalties on behalf of publicly traded client in the business of processing and storing umbilical cord blood cells).
BabyDayz Inc. v. HLLB (represented licensee in a dispute with licensor over whether licensee properly rescinded agreement and whether licensee's subsequent conduct constituted patent infringement and breach of contract).
Robins Kaplan Miller & Ciresi v. Brosnahan Lockhart Joseph & Suggs (represented plaintiff law firm in claim against four of its former partners over fees generated in L-Tryptophan litigation).
Minnesota Life & Health Insurance Guaranty Association v. Dain Bosworth (represented the Guaranty Association and five individuals who lost their investments in a single premium deferred annuity sold by Dain Bosworth; Hennepin County District Court (Judge Philip Bush) found for Guaranty Association in holding that a fiduciary duty existed; case later settled for approximately $15 million).
Valspar v. Piper Jaffray (breach of fiduciary duty claim on behalf of profit sharing trust against brokerage firm relating to investment advice and trading practices; confidential settlement obtained on behalf of client).
Federal Reserve Bank v. County of Hennepin (real estate property tax protest; obtained a property tax assessment reduction from approximately $40 million to $20 million).
Carmeda v. Medtronic, Inc. (represented Medtronic in a contract dispute regarding development and licensing rights to certain technology with Norwegian partner in an arbitration pending in Sweden).
Nationwide Communications, Inc. v. United Television, Inc. (represented owner of a television communications tower in a lease dispute with tenant).
City of Minneapolis v. County of Hennepin (represented the City of Minneapolis in a lease dispute over the city's lease of space in the Hennepin County Government Center).
Innovative Gaming Corporation v. State of Wisconsin (successfully represented Innovative Gaming in a matter seeking to allow the client to sell and distribute its gaming equipment within the State of Wisconsin).
Numerous trademark, copyright and patent infringement matters.
