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Don’s practice is devoted primarily to business litigation and professional licensing matters. He regularly obtains verdicts and judgments for clients through both trial and motion practice. Don represents clients in state and federal trial and appellate courts, and also frequently appears in administrative proceedings.

In addition to more typical commercial contract cases, Donald has developed a specialization in the representation of primary and secondary mortgage lenders in repurchase, breach of contract, and RMBS litigation. He currently serves as lead Minnesota counsel on numerous RMBS lawsuits on behalf of a large liquidating trust.

Don  has also represented mortgage servicers in defending regulatory claims, including allegations involving claims under Dodd Frank, Fair Credit Reporting Act (FCRA) claims, Fair Debt Collection Practices Act (FDCPA) claims, HOEPA claims, and RESPA claims.  Don also relies on his experience as a former State of Minnesota Assistant Attorney General to represent clients in investigations and lawsuits brought by state and federal regulators. In addition, he also frequently represents professionals in licensing investigations and other inquiries, including matters before the Minnesota Office of Administrative Hearings.

Don is the firm’s Treasurer and a member of the firm’s management committee and board of directors.


Practice Areas

  • Business/Commercial Litigation
  • Consumer Protection
  • Professional Licensing

Related Experience

Assistant Attorney General for the State of Minnesota, 2000-2003:

  • RMBS Litigation
  • Consumer Fraud
  • Deceptive Trade Practices
  • False Advertising
  • Professional Licensing



Professional Certifications, Awards and Designations

  • Multiple nominations by Minnesota Super Lawyers® as a Rising Star, Minnesota Law & Politics

Representative Cases

  • In re RFC & ResCap Liquidating Trust, Case No. 13-CV-3451, (SRN/HB) (RMBS litigation)
  • BVS, Inc. v. CDW Direct, LLC, 88 F. Supp. 3d 948 (N.D. Iowa 2015) (business litigation/breach of contract)
  • GMAC Mortgage, LLC v. Southport Bank, 2015 WL 1573387 (E.D. PA April 9, 2015) (mortgage repurchase litigation)
  • TCF v. Market Intelligence, Inc., 2014 U.S. Dist. Lexus 146056 (D. Minn. Oct. 14, 2014) (mortgage appraisal fraud); aff’d, 812 F. 3d 701 (8th Cir. 2016) ( business litigation/breach of contract).
  • Residential Funding Co. v. Terrace Mortgage Co.,850 F.Supp.2d 961 (D. Minn. 2012), aff’d 725 F.3d 910 (8th Cir. 2013) (mortgage repurchase litigation)
  • Kohout v. Homecomings Financial, LLC, 2012 WL 2685076 (Minn. Ct. App. 2012) (mortgage regulatory litigation)
  • Beukes v. GMAC Mortgage, LLC, 786 F. 3d 649 (8th Cir. 2015) (mortgage regulatory litigation)
  • Swanson v. GMAC Mortgage, LLC, 2012 WL 1110549 (D. Minn. 2012) (mortgage regulatory litigation)
  • Tapemark Co. v. E-Z Cleaners, LLC, 2012 WL 246053 (D. Minn. 2012) (business/commercial litigation)
  • Koenen v. Homecomings Financial LLC, 2011 WL 3901874 (D. Minn. 2011) (mortgage regulatory litigation)
  • Hilburn v. Homecomings Financial, LLC, 2011 WL 3348070 (D. Minn. 2011) (mortgage regulatory litigation)
  • Residential Funding Co., LLC v. Prysma Lending Group, LLC, 2011 WL 3020149 (D. Minn. 2011) (mortgage repurchase litigation)
  • Schemionek v. Deutsche Bank Trust Co., 2011 WL 692933 (D. Minn. 2011) (mortgage regulatory litigation)
  • Residential Funding Company, LLC v. HTFC Corp., No. 06-CV-03973 (D. Minn. 2008) (mortgage repurchase litigation)
  • In re License of Maneval, OAH No. 58-1005-17340-2 (2008) (professional licensing/real estate)
  • Labore v. J.P. Morgan Chase Bank, 2007 WL 3072065 (Minn. Ct. App. 2007) (business litigation/mortgage and FDCPA)
  • El Sherif v. Allina Hospitals & Clinics, 2006 WL 2474065 (Minn. Ct. App. 2006) (employment litigation)
  • Ingersoll v. Rolf, 2005 WL 625096 (Minn. Ct. App. 2005) (business litigation/property dispute)
  • Privette v. SPX Corp., 2004 WL 2066834 (D. Minn. 2004) (employment litigation)
  • In re License of Judy C. Thompson, D.C., OAH No. 4-0901-14920-2 (2003) (professional licensing/chiropractor)
  • State v. Selix, 2002 WL 31891175 (Minn. Ct. App. 2002) (criminal appeal)
  • State v. Hansen, 2002 WL 31500697 (Minn. Ct. App. 2002) (criminal appeal)
  • Farris v. Exotic Rubber & Plastics of Minnesota, Inc., 165 F.Supp.2d. 916 (D. Minn. 2001) (employment litigation/age discrimination)

Bar Admission

  • Minnesota
  • U.S. District Court, District of Minnesota
  • Eighth Circuit Court of Appeals

Education

  • J.D., William Mitchell College of Law, cum laude, 1998; William Mitchell Law Review, 1996-1997
  • B.S., Arizona State University, 1994

Articles

“Facing an Allegation – What to do if the Board of Medical Practice Calls,” Minnesota Physician (2008)

Presentations

  • 9 Strategies for Succeeding in Your Next Deposition (MCLE 2014)
  • Complying with Federal Mortgage Lending Laws: Mortgage Repurchase Litigation (MCLE 2011)
  • Corporation Liability Under the Theories of Piercing the Corporate Veil and Alter Ego (MCLE 2006)
  • Health Care Coverage for Older Adults: Prescription Drugs and Other Issues (MCLE 2003)

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