Thomas J. Undlin

612.349.8500

Experience

  • Experience in a wide variety of complex business disputes including: breach-of-contract, fraud, antitrust, securities and intellectual property claims.
  • Has practiced in a wide range of jurisdictions including state and federal courts in Minnesota, Wisconsin, Illinois, New York, Texas and California, as well as varied sponsoring agencies for both domestic and international arbitration and dispute resolution.

Kirk Dahl, et al. v. Bain Capital Partners, LLC et al., No. 07-cv-12388 (D. Mass.): Co-lead counsel representing public shareholders of target companies taken private in large leveraged buyouts in a class action suit against the largest private equity firms who allegedly conspired to suppress the acquisition prices for the target companies.

In re Payment Card Interchange Fee and Merchant Discount Litigation, 05-MD-1720 (MKB)(JO): Robins Kaplan, serving as plaintiffs’ co-lead counsel, recently reached a $6.25 billion antitrust settlement on behalf of a class of over 10 million U.S. merchants who have accepted Visa and Mastercard credit cards and debit cards for the purchase of goods and services. The defendants include Visa and Mastercard, as well as major card-issuing banks such as JPMorgan Chase, Bank of America, Citibank, Wells Fargo, and Capital One. The settlement, which is subject to possible reduction of up to $700 million in the event opt-outs exceed a certain threshold, is believed to be the largest-ever antitrust class action settlement. The settlement was filed with the District Court on a request for preliminary approval on September 18, 2018.

Omnicare, Inc. v. UnitedHealth Group, Inc.:  Represented defendants UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged price-fixing and fraud related to prescription drug reimbursement under the federal Medicare Part D program.  Plaintiff Omnicare sought damages exceeding $1 billion and permanent injunctive relief.  After summary judgment motion was argued in August 2008, the U.S. District Court granted summary judgment to defendants on all claims in January 2009.  Published decision:  Omnicare, Inc. v. UnitedHealth Group, Inc., 594 F. Supp. 2d 945 (N.D. Ill. 2009).  Summary judgment was subsequently affirmed. Omnicare, Inc. v. UnitedHealth Group, Inc., 629 F.3d 697 (7th Cir. 2011).

Powell Protection Systems, Inc. v. Best Buy Stores, L.P. (Dallas County, Texas):  Lead trial counsel in defense of action claiming interference with contract and fraud relating to a home audio/video/security wiring program (2007).

Game Financial Corporation v. Global Cash Access (Minnesota, Hennepin County): Lead plaintiff’s counsel in action for interference with contract and prospective business relations (June 2004).

Advanced Communication Design, Inc. v. Premier Retail Networks, Inc. (Case No. 01-1271, 1272, United States Court of Appeals for the Federal Circuit): Defense counsel in action leading to reversal of default judgment and order for preliminary injunction in patent infringement action (September, 2002).

Racal NCS, Inc. v. Alliant Techsystems Inc., The Raytheon Group, Hughes Aircraft Company (Miami, Florida) (AAA International Centre for Dispute Resolution): Defense trial counsel before an international tribunal in a contract dispute relating to an underwater sonar device (December, 2002).

VirtualFund.com v. Melvin Masters (Minnesota, Hennepin County): Lead litigation counsel in shareholder derivative action and related proxy battle (March, 2002).

Carlson Hospitality Group, Inc. v. Diversey Lever, Inc. (Minnesota, Hennepin County): Lead counsel in dispute over vendor supply agreement (October, 2002).

Lockheed Martin Environmental Systems v. Alliant Techsystems Inc. (California, Los Angeles County): Lead trial counsel for defendant in action claiming breach of contract and changed conditions relating to environmental clean-up project at China Lake Naval Weapons Base (August, 1999).

Mission Technologies v. Alliant Techsystems Inc. (Texas, Federal Court): Lead defense counsel in matter claiming theft of trade secrets and breach of contract relating to unmanned aerial vehicle (1999).

Peterson v. Fluegel (Minnesota, Dakota County): Plaintiffs’ trial counsel in professional negligence action (January, 1999).

Metropolitan Life Ins. Co. v. Golden Triangle (Minnesota, Federal Court) (121 F.3d 351 (8th Cir. 1997)): Trial counsel in defense of claims for fraud and breach-of-contract relating to commercial property sales to a real estate investment trust.

KPMG-Piper Fund Litigation (Minnesota, Federal Court): Defense counsel in securities and accounting fraud class action (1995).

Benchmark Highly Recommended Firm 2020
Bar Admissions
  • Minnesota
  • U.S. District Court, Minnesota
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Supreme Court
Education
  • William Mitchell College of Law, J.D., cum laude (1987)
  • St. Olaf College, B.A., Political Science
Professional Associations
  • American Bar Association (Litigation Section)
  • Minnesota State Bar Association 
  • Hennepin County Bar Association
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