Marc A. Al Experience Marc Al is a partner of the firm practicing in the Litigation and Appellate groups. A commercial litigator with broad experience in state and federal courts, he has been appointed as appellate counsel by the Eighth Circuit Court of Appeals and has served as an appointed member of the Federal Practice Committee of Minnesota's federal court. Born and raised in the Netherlands, Marc is the Honorary Consul of the Kingdom of the Netherlands in Minnesota. In his diplomatic capacity, Marc handles the economic, trade, cultural and consular relations of the Netherlands in Minnesota. Representative Work Grace Capital, LLC v. Mills (Hennepin County District Court 2012 & Minn. Ct. App. 2013) (lead counsel) – Appellate court upheld validity and enforcement of settlement agreement and separate judgment on a $1 million personal guaranty. Green Plains Renewable Energy v. Robert Luckett and Cascade Kelly Holdings, LLC (N.D. Iowa 2011) (lead counsel) – Defense of claims for alleged breach of fiduciary duty, violation of Iowa Uniform Trade Secrets Act, violation of Iowa Partner Minneapolis, MN (612) 373-8801 direct (612) 373-8881 fax Unfair Competition Law, tortious interference with contract, and tortious interference with employment relationships. Green Plains Renewable Energy v. Ocean Park Advisors, LLC (D. Neb. 2011) (lead counsel) – Defense of claims for alleged breach of a confidentiality agreement and tortious interference with business relationship or expectancy, tortious interference with contract, replevin, and conversion. marc.al@stoel.com Education 1994, magna cum laude Leiden University Faculty of Law, Netherlands, J.D., 1992, with honors Luther College, 1986-1987 GC CleanTech Corporation v. Al-Corn Clean Fuel (D. Minn./S.D. Ind. 2011) (lead counsel) – Defense of ethanol plant in multi-district litigation patent- William Mitchell College of Law, J.D., infringement action. WindPartners Finance LLC v. Oversight Resources, LLC (D. Minn. 2011) (lead Minnesota farm development project. U.S. Supreme Court Representation of client in various related mechanic's lien actions in federal and U.S. District Courts for the Districts of Minnesota, Nebraska and North counsel) – Defense of alleged breach of contract action relating to Montana wind Admissions state courts in West Virginia related to a large wind-farm development project Dakota, the Central and Northern (2011). Debt-workout representation of individual guarantor on numerous corporate loans amid foreclosure proceedings, resulting in transfer of property ownership to guarantor and restructuring of debt (Minnesota 2011) (lead counsel). Districts of Illinois, and the Eastern City of Blaine v. LEXON Ins. Co. and Bond Safeguard Ins. Co. (D. Minn. 2011) (lead counsel) – Defense of surety in various claims on development construction bonds. District of Wisconsin U.S. Courts of Appeals for the Eighth, Ninth, and Federal Circuits Languages Dutch Marc A. Al Versacold USA, Inc. v. Inland Am. Brooklyn Park et al. (D. Minn. 2010-2011) – Representation of tenant in complex 4-state, 11site commercial lease dispute, presenting issues of first impression under U.S. and Icelandic law. Represented farmer cooperative in defense against a guaranty claim (South Dakota 2009) (lead counsel). Defense of former commercial tenant against environmental-contamination claim on railroad property (Minnesota 2008-2009) (lead counsel). Representation of victims in Petters fraud ($46.6 million principal loss) and Bernard Madoff fraud. Farmers Cooperative Company v. Senske & Son Transfer Co. (D.N.D. 2008) - Obtained treble-damage jury award and attorneys' fee award in odometer-tampering fraud case. Cunningham v. New Image Builders et al. (Wash. Cnty. Dist. Ct. 2008) (lead counsel) - Represented home builder in defense of construction-defect litigation. Johnson v. First District Association (Meeker Cnty. Dist. Ct. 2007-2008) (lead counsel) - Represented large dairy cooperative in weights and measures dispute. Family Achievement Center, Inc. v. Woodbury Mainstreet, LLC (Wash. Cnty. Dist. Ct. 2006-2008) (lead counsel) - Represented landlord in multi-million dollar dispute with commercial tenant. In re Conservatorship of Apple, 2006 WL 2405857 (Minn. Ct. App. Aug. 2006) (appellate counsel) - Obtained reversal of lower court fraud judgment entered against fiduciary and her company; appellate decision was based on jurisdictional issue first identified on appeal. Pharmaceutical Solutions, Inc. v. Vitamax RX (D. Minn. 2005-2006) (lead counsel) - Represented alleged patent infringer in multi-million dollar action settled after 16 months of litigation for less than $0.01 per dollar of damages claimed plus recovery of most litigation costs from insurance carrier. Arnleend v. Arnleend, 2006 WL 389771 (Minn. Ct. App. Feb. 2006) (appellate counsel) - Obtained reversal of lower court judgment resulting in return of millions of dollars to elderly gentleman. Chesla v. Bennett (Henn. Cnty. Dist. Ct. Dec. 2005) (lead counsel) - After three days of hearings, defeated motion for preliminary injunction to bar proposed merger; merger closed on Dec. 30, 2005. Mages v. Johanns (Secretary of USDA), 431 F.3d 1132 (8th Cir. Dec. 2005) (appellate counsel) - Obtained reversal and remand to agency in case of first impression involving national farm-program payment-limitation rules that affect entire agricultural industry, resulting in recovery by client of hundreds of thousands of dollars and elimination of USDA's refund claim of more than $500,000 after client had previously lost in four administrative proceedings and one lower federal court proceeding. Internet Inc. v. Brand(Henn. Cnty. Dist. Ct. Feb. 2005) (co-counsel) - Obtained temporary restraining order barring former employee from competing with former employer and negotiated extremely favorable settlement agreement that ended devastating loss of business. Midwest Family Mutual Insurance Co. v. Delwiche (Henn. Cnty. Dist. Ct.) (lead counsel) and State Farm Fire & Casualty Co. v. Delwiche (Henn. Cnty. Dist. Ct.) (2005) - Resolved for minimal payment two multi-million-dollar subrogation claims following fire loss. Marc A. Al Pulte Homes of Minn. Corp. v. Edina Development Corp. (Wash. Cnty. Dist. Ct.) (lead counsel) - Represented nationwide home builder and developer in land dispute with seller. Alonzo Williams v. United States, 343 F.3d 927 (8th Cir. Sept. 2003) (court-appointed appellate counsel) - Ineffective assistance of counsel case involving misrepresentations by trial counsel regarding divergent penalties applicable to convictions for distribution of cocaine base and cocaine powder. Defense of numerous automobile, homeowners' and commercial liability claims. Professional Honors and Activities Listed in Minnesota Super Lawyers® (Business Litigation, Intellectual Property Litigation, Appellate), 2005-2015 Listed among Rising Stars (Business Litigation), Minnesota Super Lawyers®, 2004 Minnesota Top 40 Business Litigation Attorney, Minnesota Law & Politics, 2007 and 2008 Minnesota Top 25 Appellate Law Super Lawyers, Minnesota Law & Politics, 2005 Rising Stars in Minnesota Law, Minnesota Law & Politics, 2002-2004 Listed in Strathmore's Who's Who Registry Listed in Marquis' Who's Who in American Law Publications "Sick Building Syndrome: A Potpourri Analysis" (coauthor), 49 Federation of Insurance & Corporate Counsel Quarterly 347, 1999 "'Fortress Europe' in the Telecommunications Sector as a Consequence of 'Europe 1992': Reality or Imagination?," 6 Transnational Law 111, 1993 Civic Activities American Bar Association Federal Bar Association Federal Circuit Bar Association Minnesota State Bar Association Hennepin County Bar Association Phi Delta Phi