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© 2012 Dorsey & Whitney LLP

  • Named a Minnesota Super Lawyer, 2010-2011
  • Top Tier lawyer, recommended by The Legal 500
  • Ranked as a Labor & Employment lawyer by Chambers USA, 2011 (Band 3)
  • Selected as a "Leading Minnesota Attorney" in the areas of Commercial Litigation and Employment law in an independent survey of Minnesota Lawyers.  (Fewer than 6% of the licensed attorneys in Minnesota have been identified as "Leading Attorneys.")

  • Harvard University (B.A., Government, 1983), cum laude
  • University of Michigan Law School (J.D., 1985), Associate Editor, Michigan Law Review

  • Minnesota
  • United States Court of Appeals for the Eighth Circuit
  • The United States District Court for the District of Minnesota

Joseph W. Hammell

Partner
Minneapolis
P: (612) 340-7897
F: (612) 340-2777
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Partner in Dorsey's Labor and Employment Group, counseling clients and litigating in the areas of employment law, business torts, restrictive covenants, trade secrets, and general commercial litigation throughout the United States (including, Arizona, California, Colorado, Florida, Hawaii, Illinois, Indiana, Maryland, Massachusetts, Minnesota, Montana, New Jersey, New York, North Dakota, Pennsylvania, South Dakota, Texas, and Utah). Active leadership role in Employment Law practice group. Extensive trial and appellate experience. Work on jury research and with jury consultants on major litigation.

Mr. Hammell's practice also includes advice and counsel on employment law issues in connection with mergers and acquisitions.

Representative Litigation

  • Co-lead counsel for defense in case involving claims for over $1 billion for usurpation of corporate opportunity, breach of fiduciary duty, violation of restrictive covenants, and other claims. After 8 weeks of trial, judgment for defense at conclusion of plaintiff's case. Our client awarded $650,000 in costs.
  • Co-lead counsel for defense in employee raiding and trade secret case with claimed damages of $450 million. Summary judgment for defense. Successfully argued 8th Circuit Appeal, achieving full affirmance.
  • Lead counsel for plaintiff in commercial contract dispute, winning $18.3 million jury verdict, affirmed on appeal.
  • Lead counsel in numerous trade secret and business tort cases, including cases involving confidentiality and non-compete agreements, breach of fiduciary duty, employee raiding.
  • Numerous temporary and preliminary injunction hearings and several full trials.
  • Counsel for employers in litigated and non-litigated circumstances involving sensitive terminations of high-ranking executives. In one illustrative case, obtained summary judgment in California state action in which two former executives who had engaged in a romantic relationship sued for wrongful discharge, marital status and race discrimination, invasion of privacy and other claims. Plaintiffs thereafter agreed to pay our client in settlement of the cross-complaint against them for breach of fiduciary duty and other claims.
  • Co-lead counsel in nationwide race discrimination class action by class of African American sales representatives.
  • Lead counsel for defendant in federal class action under Americans With Disabilities Act and parallel state law; early, favorable settlement reached.
  • Counsel for defendant in more than 30 related age discrimination lawsuits involving over 50 claimants in both federal and state courts of Minnesota arising from a series of workforce reductions. Defeated class certification in federal court, which was affirmed on appeal. Thereafter, obtained dismissal of almost all individual cases on summary judgment; with settlement of a few cases for nominal sums.
  • Counsel for defendants in nationwide age discrimination class action with E.E.O.C. intervention; damage claims of $400,000,000; more than 550 depositions and over 3 million documents; case settled favorably
  • Counsel for defendants in multi-plaintiff wrongful discharge suit in California state court alleging discriminatory discharge, breach of implied contract, public policy violations, and tort claims; multiple claims dismissed on directed verdict and jury verdict for defendants on all remaining claims
  • Lead counsel in numerous cases tried to verdict, including claims of wrongful discharge, discrimination (including race, gender, pregnancy, age, and disability), harassment, defamation, invasion of privacy, infliction of emotional distress, false imprisonment, breach of contract, breach of restrictive covenants, misappropriation of trade secrets, breach of fiduciary duty, assault, negligent hiring, negligent retention, and negligent supervision. Won counterclaims and awards of costs against plaintiffs in several cases, which clients have been able to reference in future situations to discourage other meritless claims
  • Counsel for plaintiff in arbitration of major commercial contract dispute, prevailing on claims and obtaining offensive collateral estoppel with respect to other claims
  • Counsel for defendants in numerous suits involving food supplement product liability claims; cases favorably resolved
  • Counsel for defendant in multi-million dollar computer disk drive warranty case; favorably settled
  • Successful in obtaining summary judgment in numerous employment cases
  • Successfully argued appeals in the U.S. Eighth Circuit, Minnesota Court of Appeals, Minnesota Supreme Court, California Court of Appeals, and Massachusetts Appeals Court.
Alternative Dispute Resolution
  • Qualified neutral under Rule 114 of the Minnesota General Rules of Practice

Presentations

Regular speaker and instructor at seminars, conferences, and industry gatherings since 1992. Given hundreds of presentations on employment law and litigation skills, tactics, and strategy.

Professional Activities

  • Member, American Bar, Minnesota State Bar Association, and Hennepin County Bar Association
  • Former member of Fourth Judicial District Ethics Committee
  • Co-Chair of Bar Committee redrafting Minnesota’s standard jury instructions for employment cases
  • Adjunct Professor, Employment Litigation, Hamline Law School

Attorney Articles

September, 2010
Protection of Employers’ Trade Secrets and Confidential Information
July 10, 2009
Ricci v. DeStefano: Supreme Court Holds Employer Liable for Trying to Avoid Claims of Adverse-Impact Discrimination
Best Article Author's Award, Minnesota State Bar Association, 1994-1995