Alain M. Baudry

(612) 334-5058
Of Counsel
(612) 334-5050 Fax
Alain.Baudry@KutakRock.com

Mr. Baudry is a recognized commercial trial lawyer. He has tried numerous complex commercial court and jury trials in federal and state courts and before arbitration panels.

He has extensive experience in complex commercial litigation, representing both plaintiffs and defendants in significant commercial disputes. He serves as litigation counsel to numerous clients including the Minnesota Timberwolves, Rembrandt Enterprises, Taylor Corporation and a major bank, and provides distribution and antitrust counseling to others.

Representative Matters

  • One of lead trial counsel for plaintiffs in multi-month trial of complex Delaware entire fairness proceeding challenging $785 million recapitalization and subsequent squeeze out merger of XO Communications. R2 Investments vs. Carl Icahn and XO Holdings (Supreme Court New York County).
  • Lead counsel for plaintiff seeking recovery under $7 million pollution policy for damages incurred as a result of avian influenza pandemic. Rembrandt Enterprises, Inc. v. Illinois Union Insurance Company (D. Minn.). Have prevailed on every dispositive motion in case and trial is expected to be held in early 2018.
  • Lead counsel representing team against antitrust and other challenges by season ticket holders arising from Team’s adoption of electronic ticketing platform. Successfully moved to compel arbitration of complaint and negotiated class settlement in arbitration. Mattson et al. v. Minnesota Timberwolves (Minn. Dist. Ct. Hennepin County 2017).
  • Lead counsel representing client in insurance coverage dispute concerning damaged machinery. Obtained settlement prior to a single deposition taking place. Rembrandt Enterprises v. Travelers Insurance Co. (D. Minn. 2017).
  • Represented yearbook company in case brought by competitor alleging interference with former employee non-competes; achieved confidential settlement. Jostens v. Corporate Graphics Commercial, Inc. (Iowa District Court Dubuque County 2016).
  • Lead trial counsel for egg producer being sued for $7.2 million dollars for alleged breach of litter handling agreement. Following six-day trial obtained district court ruling concluding client had not breached the contract and awarding no damages. Farmers Cooperative Company v. Rembrandt Enterprises (Iowa District Court Winnebago County, January 2014).
  • Lead counsel for a major bank, Indenture Trustee for retail bondholders in $35 million dollar securities litigation against three underwriters, the Town of Prescott Valley, a real estate developer, a promoter, and underwriters’ counsel and bond counsel in a municipal bond offering. The case settled on the eve of trial. In Re Allstate Securities Litigation 2013 WL 5161688 (D. Ariz. 2013).
  • Lead counsel in patent infringement litigation for patent relating to secured debit and gift cards. Case settled after obtained favorable Markman from Court. Travel Tags v. UV Color and InComm, 690 F. Supp. 785 (D. Minn. 2010).
  • Obtained $3.2 million dollar settlement for major water filtration manufacturer in federal court suit against City of Minneapolis for breach of contract following district court’s granting of summary judgment in favor of client on key legal issue in case. Pall v. City of Minneapolis, 2011 WL 236388 (D. Minn. 2011).
  • Obtained summary judgment on $3.4 million dollar counterclaim on behalf of creditor seeking to recover $1 million dollar accounts receivable alleging creditor had breached supply agreement. Case settled shortly thereafter. Rembrandt Enterprises v. Deb El Food Products LLC, 2011 WL 4101832 (Minn. Dist. Ct. Hennepin County 2011).
  • Obtained $1 million dollar settlement in 2010 as lead counsel for Indenture Trustee sued by Port of Portland, which claimed it had absolute right to destroy three facilities built for Delta Airlines with bondholder funds and which were sole source for repayment of bonds. District Court denied the Port’s motion for summary judgment and case settled shortly thereafter. Port of Portland v. US. Bank National Association 2010 WL 33386594 (D. Or. 2010).