Skip Navigation or Skip to Content
NJL People: Joel Andersen

Joel’s diverse employment law practice comprises six areas: restrictive covenant and trade secret disputes, class and collective action defense, California employment law expertise, appellate advocacy, single plaintiff litigation, and HR counseling and advice.

As a Shareholder, Joel prosecutes and defends against non-competition, non-solicitation, and misappropriation claims in federal and state courts throughout the country, with particular expertise defending complex multi-party litigation when a group of employees jointly move their skills or business to a new employer. Joel defends companies against class litigation, including wage-and-hour and other representative claims. He lends his California expertise to companies nationwide, helping multi-state employers comply with, and defend litigation regarding California’s unique employment laws. He has a proven track record winning appeals before federal and state appellate courts, drawing upon his multiple federal circuit court clerkships. Joel rounds out his practice by advising and litigating a full range of employment disputes involving discipline and discharge; wage-and-hour compliance; race, age, sex, and disability discrimination suits; and whistleblower and retaliation claims.

Key Practice Experience

Clerkships

  • U.S. Court of Appeals for the Eighth Circuit, Honorable William J. Riley, 2005-2006
  • U.S. Court of Appeals for the Ninth Circuit, Honorable David R. Thompson, 2004-2005
  • District of Nevada, Honorable Robert A. McQuaid, Jr., 2004-2004

Key Industry Experience

  • Manufacturing
  • Startups/Emerging Businesses
  • Retail
  • Food/Beverage
  • Health Care

Representative Matters

Appellate Litigation

  • C.H. Robinson Worldwide v. Traffic Tech (8th Cir.) – Obtained reversal of summary judgment on breach of non-solicit claims and improper application of state choice-of-law rules.
  • Miller v. Honkamp Krueger Financial Services (8th Cir.) – Obtained reversal of improvidently granted injunction in non-compete and customer non-solicit case.
  • Mitchell v. Target (Minn. Ct. App.) – Obtained affirmance of summary judgment applying federal honest belief doctrine to reprisal claim under Minnesota Human Rights Act.
  • Sandoval v. American Building Maintenance Industries (8th Cir.) – Obtained affirmance of dismissal of multiple plaintiffs’ retaliation, sex discrimination, quid pro quo sexual harassment, and hostile workplace claims.
  • Amano McGann v. Klavon (Minn. Ct. App.) – Obtained reversal of Rule 12 dismissal of claims asserting breaches of restrictive covenants.
  • Howard v. Life Time Fitness (8th Cir.) – Obtained stipulation for dismissal of appeal regarding grant of motion to compel arbitration for unpaid wage claims.
  • C.H. Robinson v. XPO Logistics (Minn. Ct. App.) – Obtained affirmance of order denying motion to dismiss on personal jurisdiction grounds.
  • Walz v. Ameriprise Financial (8th Cir.) – Obtained affirmance of summary judgment on plaintiff’s failure to accommodate and disability discrimination claims.
  • Berg v. Brown (Minn. Ct. App.) – Obtained post-trial reversal of court’s denial of JNOV motion on plaintiff’s fraud claim.
  • Hayes v. Questar Capital Corp. (8th Cir.) – Obtained affirmance of summary judgment on disparate treatment and hostile work environment claims.
  • Schaefer v. Cargill Kitchen Solutions (Minn. Ct. App.) – Obtained affirmance of summary judgment on plaintiff’s sexual abuse/sexual assault, negligent retention and supervision, whistleblower, and punitive damages claims.
  • Price v. Northern States Power (8th Cir.) – Obtained affirmance of summary judgment on three plaintiffs’ Equal Pay Act claims.
  • State v. Lopez (Minn. Supr. Ct.) – Obtained unanimous reversal of court of appeals decision in pro bono representation of criminal defendant.
  • Azie v. Holder (8th Cir.) – Pro bono representation of asylum-seeking individual.

Trade Secret and Restrictive Covenant Litigation

  • Smart Express v. Precision Diagnostics (Minn. Dist. Ct.) – Defeated motion for temporary restraining order, then obtained complete summary judgment victory, in non-compete and customer non-solicit case.
  • Medtronic v. Gallimore (Minn. Dist. Ct.) – Defeated motion for temporary restraining order, with court finding that Medtronic completely failed to show even a single factor supporting injunctive relief.
  • Financial advisory firm v. Respondents (AAA Arbitration) – After three-day arbitration, obtained complete victory for financial advisors on multi-million dollar non-compete, non-solicit, non-disclosure, and trade secret misappropriation claims.
  • Piper Sandler & Co. v. Gonzalez (D. Minn.) – Defeated motion for temporary restraining order and motion for expedited discovery on claim of breach of customer non-solicitation agreement in financial services industry.
  • Boston Scientific v. Shockwave Medical (Minn. Dist. Ct.) – Defeated motion for temporary restraining order and subsequent motion for temporary injunction following expedited discovery. Court found on both motions that Boston Scientific completely failed to show even a single factor supporting injunctive relief, leading Boston Scientific to dismiss all its claims with prejudice.
  • BTM Global Consulting v. Centium Consulting (Minn. Dist. Ct.) – Obtained summary judgment on misappropriation of trade secrets, breach of non-compete, breach of confidentiality, and related tortious interference claims in dispute between NetSuite implementation companies.
  • J. Swanson & Co. v. Ighodaro Consulting (Minn. Dist. Ct.) – Defeated motion for temporary injunction on sale-of-business non-compete claim.
  • ImageTrend, Inc. v. Locality Media (D. Minn.) – Obtained dismissal of trade secret misappropriation, tortious interference, and corporate defamation claims in dispute between computer software companies.
  • Fulton v. Honkamp Krueger Financial Services (D. Minn.); Moeschler v. Honkamp Krueger Financial Services (D. Minn.); Honkamp Krueger Financial Services v. Anderson and Straumanis (Iowa Dist. Ct.) – Defeated multiple motions for temporary injunctions in non-compete and customer non-solicit cases under Iowa and Minnesota law.
  • IWCO v. Nahan (Minn. Dist. Ct.) – Defeated motion for temporary restraining order in trade secrets dispute between direct marketing competitors.
  • Mental Health Resources v. ExpanseMN (Minn. Dist. Ct.) – Defeated motion for temporary injunction seeking enforcement of sale-of-business and employment-based non-compete agreements in mental health industry.
  • Personal Wealth Partners v. Kestra Insurance Services (D. Minn.) – Obtained denial of temporary injunction motion, then successfully dismissed case based on lack of personal jurisdiction.
  • Duncan v. Allied Valve (Minn. Dist. Ct.) – Defeated motion for temporary restraining order in breach of confidentiality and trade secrets dispute.
  • Marco Technologies v. Midkiff (Minn. Dist. Ct.) – Acted as justification opinion counsel for claim of tortious interference with restrictive covenant agreement.
  • Cambria Company v. Mohawk Industries (D. Minn.) – Successfully opposed motion for preliminary injunction alleging inevitable disclosure of trade secrets and breach of contractual confidentiality provision.
  • Prime Therapeutics v. Maxor National Pharmacy Services (D. Minn.) – Defeated injunction motion seeking to prevent high-level executive from becoming employed by competitor based on implementation of phased job duties negating alleged inevitable disclosure of trade secrets.
  • C.H. Robinson Worldwide v. Tu (D. Minn.) – Defeated motion for judgment on the pleadings arguing unenforceability of restrictive covenant agreement.
  • St. Jude Medical S.C. v. Suchomel (D. Minn.) – Defeated motion to dismiss term-of-years agreement as allegedly violating California public policy.
  • PCM Sales v. [Employee] (C.D. Cal.) – Negotiated confidential settlement agreement, based on stolen trade secrets, requiring 10-month customer non-solicit for California employee.
  • Nilfisk v. Liss (D. Minn.) – Obtained temporary restraining order prohibiting competing employment by former sales director employee.
  • TelCom Construction v. MP Nexlevel (Minn. Dist. Ct.) – After replacing prior counsel, obtained vacatur of previously entered temporary injunction and obtained summary judgment on non-compete and tortious interference claims.
  • Achieved multimillion-dollar settlement during three-week jury trial involving claims for breach of non-solicitation agreement, tortious interference, and misappropriation of trade secrets.

Business Litigation

  • Management Registry v. A.W. (D. Minn.) – Obtained summary judgment against plaintiff’s breach of contract, unjust enrichment, duty of loyalty, malicious injury, and deceptive trade practices claims, and defeated plaintiff’s summary judgment motion on plaintiff’s conversion, civil theft, fraudulent inducement, tortious interference, and business defamation claims, after convincing court to reconsider prior summary judgment order.
  • Travel Leaders Leisure Group v. Cruise & Travel Experts (D. Minn.) – Obtained partial dismissal of complaint based on personal jurisdiction issues as to corporate and individual defendants.
  • Untiedt’s Vegetable Farm v. Southern Impact (D. Minn.) – Obtained dismissal of breach of contract counterclaim as time-barred.
  • Lakeview Behavior Health v. Itasca Medical Care (Minn. Dist. Ct.) – Defeated motion for temporary injunction on claim seeking to extend medical provider agreement, based on inability to show irreparable harm.
  • PMT v. Fredrickson (Minn. Dist. Ct.) – Obtained six-figure sanctions award for discovery misconduct against opposing party and its counsel following two-day evidentiary hearing.

Employment Litigation

  • [Employee] v. [National Insurance Company] – Obtained summary judgment in multiple arbitrations on California employment and wage-and-hour claims.
  • Sheeks v. CNH Industrial (D. Neb.) – Obtained partial summary judgment on FMLA retaliation claim.
  • Adams v. Travelers Indemnity (C.D. Cal.) – Obtained order compelling arbitration on discrimination claims.
  • Walls v. Kelly Services (D. Minn.) – Obtained dismissal and order to compel arbitration on plaintiff’s retaliatory discharge claims.
  • Songa v. Sunrise Senior Living (D. Minn.) – Obtained summary judgment on plaintiff’s defamation, breach of contract, intentional infliction of emotional distress, and discrimination claims.
  • Rasmussen v. Jerry’s Enterprises (D. Minn.) – Obtained summary judgment in disability discrimination and Family and Medical Leave Act litigation.
  • Hunnicutt v. CHF Solutions (N.D. Okla.) – Obtained dismissal of discrimination claim filed in contravention of mandatory forum selection clause.
  • Represented multiple defendants in plaintiff and defendant class action involving social media recruiting advertisements.
  • Represented national technology company in defense of race, gender, age, and disability claims by employees in New York, New Jersey, and California.
  • Defended manufacturing client in nationwide putative class action alleging across-the-board age discrimination under Age Discrimination in Employment Act.
  • Managed investigation of multiple members of executive team of national company involving whistleblower, harassment, and retaliation allegations.
  • Defended client in putative class action alleging across-the-board age discrimination under Minnesota law.

Wage-and-Hour Litigation

  • Represented national technology company in California, New York, and nationwide FLSA and state law hybrid action alleging meal and rest break, overtime, and derivative claims.
  • Achieved favorable settlements for national restaurant chain in Minnesota, Illinois, and FLSA tip-sharing and unpaid overtime cases.
  • Negotiated nuisance-value settlement in Florida off-the-clock wait staff class action.
  • Represented national manufacturing company in California meal and rest break and off-the-clock case.
  • Conducted company-wide wage-and-hour exemption classification audit of national medical device company. Investigated harassment claims leading to termination of company CEO.
  • Obtained early pre-discovery resolution for national clothing retailer in California meal and rest break and off-the-clock cases.
  • Defended national utility company in Minnesota off-the-clock case, obtaining favorable settlement days before trial.

Recognition and Honors

  • Recognized by Best Lawyers®, 2021-2024, Litigation – Labor and Employment
  • Labor & Employment Star, Benchmark Litigation
  • MSBA North Star Lawyer, 2013, 2014 and 2016

Publications and Presentations

Select Publications

  • “What Makes Minnesota tip-pooling Laws Unique,” Minnesota Lawyer, April 2, 2018
  • Co-Author,  Minnesota chapter, Employment at Will: A State-by-State Survey 2014 Supplement, Bloomberg BNA, 2014
  • Co-Author,  Chapter 7, The Federal District of Minnesota Civil Practice Deskbook, Minnesota CLE, 2014
  • Co-Author, Chapter 9, The ADA Handbook, Minnesota CLE, 2013
  • “The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act,” Contributing Editor, ABA Section of Labor and Employment Law, 5th Ed., 2007-2013
  • “The Indulgence of Reasonable Presumptions: Federal Court Contractual Jury Trial Waivers,” 102 Mich. L. Rev. 104, 2004

Select Presentations

  • “Emerging Issues Under the New Minnesota Employment Laws,” Minnesota CLE, February 2, 2024
  • “Hiring & Firing: Restrictive Covenants in Employment Contracts,” Minnesota CLE, December 20, 2023
  • “You Can Ban Non-Competes, But You Cannot Ban Lying, Cheating and Stealing,” Minnesota CLE, LCS Seminar 2023, October 4, 2023
  • “Lessons Learned From An Almost Trade Secrets Trial,” ALFA International Labor and Employment Seminar, September 19, 2023
  • “Non-Competes, Non-Solicits and Other Restrictive Covenants – How Proposed State and Federal Laws May Impact Advisory and Litigation Strategies,” Minnesota CLE, 2023 Upper Midwest Employment Law Institute, May 18-19, 2023
  • “Complex Restrictive Covenant Topics For the Advanced Practitioner,” ALFA International Client Seminar, March 2-5, 2023
  • “No-Poach, Non-Solicit, and Non-Compete Agreements – How to Vet Applicants for Existing Agreements, Weigh Risks and Benefits of Proceeding with Job Offers, and Handle Onboarding,” Minnesota CLE, Hiring Employees, January 25, 2023
  • “Complex Restrictive Covenant Topics for the Advanced Practitioner,” Minnesota CLE, Drafting, Negotiating, and Enforcing Non-Competes and Other Restrictive Covenants, September 20, 2022
  • “Complex Restrictive Covenant Topics for the Advanced Practitioner,” Minnesota CLE, 2022 Upper Midwest Employment Law Institute, May 23, 2022
  • “One-Size-Fits-None: Practical Tips For National Employers On Developing And Enforcing A National Non-Compete Program,” ALFA International Client Seminar, March 3-6, 2022
  • “Labor & Employment Lessons Learned from the Pandemic,” ALFA International Labor & Employment Seminar, February 2-4, 2022
  • “Legal Ethics and the New Sysdyne Defense in Restrictive Covenant Litigation – How the New Employer’s ‘Get-Out-of-Jail-Free Card’ Can Land Lawyers in Hot Water,” Minnesota CLE, Upper Midwest Employment Law Institute, May 24, 2021
  • “Enforceable Non-Competes Her and Afar – Concrete Guidance in Light of New Laws,” Minnesota CLE, 2021 Upper Midwest Employment Law Institute, September 15, 2020
  • “How to Create Enforceable and Effective Restrictive Covenants,” Minnesota CLE, October 7, 2019
  • “Is that Facebook Recruitment Ad Discriminatory? Employers Facing Age Discrimination Class Actions,” ALFA Labor & Employment Seminar, June 13, 2019
  • “Complex Restrictive Covenant Topics for the Advanced Practitioner,” Minnesota CLE, 2019 Upper Midwest Employment Law Institute, May 20, 2019
  • “Keeping Home Court Advantage…Away from California,” ALFA International Client Seminar, February 28, 2019
  • “Protecting the Home Field:  Creating and Enforcing Restrictive Covenants – Sophisticated Strategies for Multi-State Employers,” ALFA International L&E and Professional Liability Practice Groups, June 14, 2018
  • “Creating and Enforcing Restrictive Covenants – A Deep Dive for Multi-State Employers,” Minnesota CLE, 2018 Upper Midwest Employment Law Institute, May 21, 2018
  • “Trade Secrets and Restrictive Covenants: Protecting Assets and Litigating Disputes,” Minnesota CLE, February 20, 2018
  • “Trying the Non-Compete Case: Lessons from the Trenches,” Dorsey Labor and Employment 2017 Conference, April 27, 2017
  • “The Force Awakens: E-Discovery in the L&E World,” Dorsey Labor and Employment 2016 Conference, March 3, 2016
  • “Brave New World: Managing Social Media,” Webinar discussion, June 17, 2015
  • “Wage and Hour Laws: California,” Webinar discussion, April 16, 2015
  • “Ring Around the White Collar: Exemptions, Misclassification, Independent Contractors and Overtime Calculation,” Dorsey Labor and Employment 2015 Conference, February 5, 2015
  • “Mishandling Handbooks: Employers’ Biggest Mistakes in Drafting Employment Handbooks,” Webinar discussion, August 14, 2014
  • “Write it Right! The Keys To Avoiding Your Document Being ‘Exhibit No. 1’,” Webinar discussion, March 20, 2014
  • “Federal District of Minnesota Civil Practice Deskbook – Seminar 1: From Pre-Filing Considerations Through Discovery,” Minnesota CLE Seminar, February 25, 2014
  • “ADA Reasonable Accommodation and the Interactive Process,” Minnesota CLE Seminar, December 5, 2013
  • “Do as We Say, Not as They Did: More FMLA Lessons from Real Cases,” Webinar discussion, November 6, 2013
  • “Minnesota Law Update,” Dorsey Employment Law Seminar, September 2013
  • “Employment Law Institute: Winning ADA Litigation Strategies,” Webinar discussion, July 17, 2013
  • “Do as We Say, Not as They Did: FMLA Lessons from Real Cases,” Webinar discussion, April 25, 2012
  • “Perfect Attendance and Automatic Termination Policies: The Perfect Storm for Automatic Litigation,” Webinar discussion, February 16, 2012
  • “Labor Law 2011 Year in Review,” Dorsey & Whitney L&E Department Breakfast Briefing, December 8, 2011
  • “Same Sex Unions and Employment and Benefits Laws,” Hennepin County Bar Association, November 1, 2011

Professional Associations

  • Minnesota Restaurant Association

Community Engagement

  • Lawyers Concerned for Lawyers, Cases and Interventions Committee
  • Girl Scouts River Valleys, Former Board Member
  • Yinghua Academy, Former Board Member

MRA Proud Allied Member

Scroll to the top of the web page anchor link.