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NJL People: Daniel J. Supalla

Daniel J. Supalla

Attorney & Chair, Business Litigation

Dan is a member of NJL’s Business Litigation and Labor and Employment practice groups and co-chairs the Business Litigation practice group. He represents clients through the entire litigation cycle, from the filing of a complaint, trying cases to juries, and arguing appeals in state and federal courts.

Dan’s business litigation experience includes representing businesses and individuals in complex shareholder and partnership disputes, in contract disputes, and in cases involving claims of breach of fiduciary duty and other business torts. Dan’s financial services practice includes representing banks, mortgage origination, broker-dealers, and financial advisors in arbitrations, litigation, as well as enforcement actions and disciplinary proceedings by the SEC and FINRA.

In the employment arena, Dan represents employers and individuals in prosecuting and defending claims involving non-competes, non-solicits agreements, and theft of trade secrets or confidential information. He has also successfully defended employers against claims of discrimination, retaliation, whistleblower cases, and wage-and-hour claims.

Key Practice Experience

Key Industry Experience

  • Financial services
  • Banking and mortgage lending
  • Small and family-owned businesses
  • Farm partnerships
  • Restaurants

Representative Matters

  • Perficient v. Craft (D. Minn.) – Defeated motion for temporary restraining order on customer non-solicit and non-disclosure case, with ruling from the bench following just days to submit opposition briefing.
  • J. Swanson & Co. v. Ighodaro Consulting (Minn. Dist. Ct.) – Defeated motion for temporary injunction on sale-of-business non-compete claim, then obtained summary judgment on breach of asset purchase agreement and violation of non-compete and non-solicit.
  • J. Swanson & Co. v. Rejuvenating Nutrition Coaching (D. Minn.) – Obtained sanctions against opposing counsel for multiple violations of protective order based on counsel’s use and disclosure of document after he was made aware of Defendants’ claim that document was privileged.
  • 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.
  • Lakeview Behavior Health, Inc. 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.
  • 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
  • McIntyre v. Reliance Standard Life Insurance (8th Cir.) – Obtained reversal of district court’s order granting summary judgment and attorneys’ fees award in long-term disability benefits matter
  • Trafera v.  Vivacity Tech (Minn. Dist. Ct.) – Defeated motion for temporary restraining order in non-compete and confidentiality dispute between competing computer wholesalers
  • 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 supported injunctive relief, leading Boston Scientific to dismiss all its claims with prejudice
  • Crown Bank v. Howk – tried claims of breach of fiduciary duty and duty of loyalty claims and obtained a jury verdict finding the defendant liable for breach of fiduciary duty
  • IWCO v. Nahan (Minn. Dist. Ct.) – Defeated motion for temporary restraining order in trade secrets dispute between direct marketing competitors
  • Represented individual in a week-long jury trial against national cooperative
  • ImageTrend, Inc. v. Locality Media, Inc. (D. Minn.) – Obtained dismissal of trade secret misappropriation, tortious interference, and corporate defamation claims in dispute between computer software companies
  • Pakonen v. HADC – Represented defendant in week-long jury trial by former director and employer in breach of contract claims involving procurement of life-insurance policies
  • O’Brien v. Pember Companies (W.D. Wis.) – Defeated class certification and obtained decertification of collective in case involving bonuses and travel time pay
  • McKey v. U.S. (8th Cir.) – Obtained affirmance of district court summary judgment order dismissing claims of age discrimination and retaliation
  • In Re: RFC and ResCap Liquidating Trust Action – Defended numerous national banks and mortgage originators against claims of breach of representations and warranties in the sale of mortgage loans
  • Obtained dismissal of administrative charges alleging violations of state and federal civil rights laws by employees, involving public accommodations, housing, and fair lending across numerous industries.
  • Appellate counsel for farmers and ranchers alleging due process violations against state regulators who had denied clients their water rights to irrigate their crops and water their
  • Defended financial advisor in disciplinary proceedings before a FINRA hearing panel involving claims of selling away private placements
  • Lead discovery and pre-hearing counsel for an independent broker dealer in 250+ FINRA arbitrations arising out of a massive Ponzi scheme; assisted in the successful defense of client in state and federal class actions arising out of the same Ponzi
  • Obtained expungement of adverse, factually unsupported disclosures for several financial advisor’s FINRA BrokerCheck report after panel hearing and state-court award confirmation
  • Defended a Connecticut electronics manufacturer in arbitration against claims by a Canadian manufacturer that it failed to successfully design, develop and manufacture a hydronic circulator pump according to the parties’ contracted
  • Represented individual in an appeal to the Minnesota Supreme Court involving the Sixth Amendment right to counsel in a bench trial and in post-conviction proceedings about the effective assistance of counsel.
  • Represented publicly traded company and director to obtain Rule 12 dismissal of a Section 16(b) claim for alleged improper short-swing profits in federal court and the Second Circuit Court of Appeals
  • Obtained summary judgment for a national bank in a case involving alleged violations of the FDCPA, FCRA, the Minnesota Residential Mortgage Originator and Servicer Licensing Act, and other state common law

Recognitions and Honors

  • Attorney of the Year, Minnesota Lawyer, 2014
  • Rising Star, Minnesota Super Lawyers

Publications and Presentations

  • Co-author, Minnesota Courtroom Evidence Deskbook, Privilege—Minnesota Rule of Evidence 501, December 2016
  • Co-author, Minnesota E-Discovery Deskbook, Privilege and Clawbacks: Considerations Regarding the Protection of Privileged ESI, November 2016

Professional Associations

  • Minnesota State Bar Association
  • Minnesota Lavender Bar Association
  • Hennepin County Bar Association
  • Federal Bar Association

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