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Edward B. Magarian

Partner

Partner, Trial practice group; Co-Chair of the White Collar Crime and Civil Fraud practice group. Areas of practice include complex commercial litigation, white collar criminal defense, antitrust, assisting clients in government investigations, civil fraud, employment litigation, and general business litigation (Attorney at Dorsey since 1990).

United States Court of Appeals for the Eighth Circuit
Law Clerk to the Hon. Francis J. Magill, 1989-1990

Special Assistant City Attorney
Prosecuted criminal violations for the City of Minneapolis, 1994

United States Representative (now United States Senator) Byron L. Dorgan
Staff Assistant/Caseworker, 1982-1983

Representative Litigation

  • Represent clients in complex commercial litigation, including class actions
  • Represent clients in antitrust civil litigation (vitamins, pharmaceutical, and tobacco industries)
  • Represent clients in various federal and state criminal investigations (e.g. antitrust, environmental, securities, fraud, healthcare) 
  • Internal Investigations for Corporations and Audit Committees
  • Represent clients in connection with allegations of civil fraud
  • Represent clients in litigation involving franchise agreements.
  • Represent clients in connection with covenants not to compete, confidentiality agreements and common law duties of loyalty
  • Represent clients being sued by former employees who had been terminated, or who allege discrimination or harassment
  • Represent clients in connection with investigations by government agencies and/or whistleblower claims
  • Represent clients charged with criminal violations in both federal and state court
Recent Representative Decisions
  • Secured order denying plaintiffs motion for class certification and dismissal of putative class action brought by individuals seeking to represent a nationwide class of thousands of financial advisors/franchisees
  • Secured order dismissing putative nationwide class action alleging claims related to spinoff by a publicly traded company
  • Secured dismissal of putative class action lawsuit in a claim brought by shareholders alleging breach of fiduciary duty and breach of contract
  • Secured withdrawal of putative California statewide class action claim in case alleging violation of California wage and hour laws
  • Order in favor of client based on "thorough" and "credible" internal investigation on a matter involving allegations of collusion and other misconduct
  • Dismissal of multimillion dollar claim by NASD panel after trial on dispute involving compliance violations and alleged breach of franchise agreement

Admissions

  • Minnesota
  • Federal District Court for the District of Minnesota
  • Federal District Court for the Eastern and Western Districts of Wisconsin
  • Federal District Court for the Western District of Michigan
  • United States Court of Appeals for the Eighth Circuit

Honors

  • The Business Journal, Top 40 professionals under the age of 40, 2003
  • Distinguished Service Award, Minnesota Justice Foundation, 2002
  • Dorsey & Whitney Scales of Justice Award, 2001, 2004

Professional Activities

  • Board of Directors, The Innocence Project of Minnesota, 2001-present (Chair, 2003-2005; Co-Chair 2008-present) 
    • Project secured the release of Sherman Townsend after serving 10 years of a 20 year sentence for a burglary he did not commit, Minnesota, 2007
    • Project successfully promoted new form of eyewitness identification now used by two of Minnesota's largest counties
  • Jury Instruction Committee (Minnesota), appointed 2004
  • Served as delegate to State DFL Convention, 2006; served as delegate at State DFL Convention, 2008; served on nominations committee, 2008; elected Director, Senate District 63, 2008-present
  • Georgetown University, Alumni Interviewer, Admissions Committee, 2003-present
  • Founding member, International Anti-Fraud Network
  • Board of Directors, Prevention Alliance, 2001-2003

Sample Presentations
  • Numerous TV, radio and newspaper interviews regarding criminal procedures, corporate indemnification of attorney fees, investigations, actual innocence, post-conviction petitions, hackers, civil fraud, civil discovery and other legal issues
  • Quoted by Minnesota Lawyer, December 15, 2008, in an article titled “Down Economy Leads to Rise in Noncompete Claims”
  • Featured in lead article by Minnesota Law and Politics on Freedom Fighters regarding work for the Innocence Project of Minnesota, March 2005
  • Current Issues in White Collar Litigation, 2008 (co-sponsored by The Federal Bar Association in Washington State)
  • Business Litigation in the High Tech Age, MILE
  • Investigations, Corporate Counsel Symposium
  • "Trial Advocacy," Minnesota State Bar Association
  • What Every Company Should Know When Government Agents Arrive With a Search Warrant or When a Grand Jury Seeks Information by Subpoena
  • "Documents in Large Cases," MILE
  • Punitive Damages in Minnesota, "Instructing the Jury on Punitive Damages in Minnesota After State Farm Mutual Automotive Insurance Company v. Campbell," MTLA
  • "Parallel Proceedings," Corporate Counsel Symposium
  • "What Every Company Should Know When Government Agents Arrive With a Search Warrant or When a Grand Jury Searches Information by Subpoena" (Seattle and Minneapolis)
  • Joint Defense Agreements: Potential Traps from the Unwary
  • "Bringing Down the House: How the Whistleblower Does It," Corporate Counsel Symposium
  • "Clarence Darrow: Crimes, Causes, and the Courtroom," All District Legal Education
  • The Anatomy of a White Collar Crime Investigation
  • "Employee Theft and Shoplifting"
  • "Employee Fraud and Theft: Et Tu Brute?" AGC of Minnesota
Sample Legal Writings
  • "The High Price of Leniency for Stolt-Nielsen," (with Ed Magarian, William Michael Jr., Michael Lindsay and James Nichols) Competition Law 360, May 11, 2008
  • “Iran’s First Anti-Money Laundering Law: Will it be Effective at Opening Doors to the West?”, Ed Magarian and Jonathan Wilson, Anti-Fraud Network (2008)
  • "To Cooperate or Not: The Corporate Leniency Program After Stolt-Nielsen," (with Ed Magarian, William Michael Jr., Michael Lindsay and James Nichols), The Antitrust Source, February 2008
  • Export Compliance: Prevention and Enforcement (White Collar Crime and Civil Fraud Update)
  • Numerous White Collar Crime Newsletters and White Collar Crime Fraud Alerts
  • "Post Termination Obligations in the Absence of Restrictive Covenants," Employment Law Update
  • "Security Forecasts-A Global Review- United States," 26 International Commercial Litigation
  • "Class Action Sexual Harassment Claim?" 9 Employment Law Update, 12-13
  • "The ADEA Statute of Limitations," 7 Employment Law Update 17-19
  • Senior Project Editor, "Eighteenth Annual Review of Criminal Procedure: United States Supreme Court and Court of Appeals," 77 Georgetown Law Journal 489-1436 (1989)
  • Author, "Sixth Amendment Issues at Trial," 76 Georgetown Law Journal
Legal Teaching
  • Hamline Law School Adjunct Law Professor, Wrongful Convictions: Innocence Project of Minnesota, 2002-2003
  • Adjunct Faculty-St. Thomas, 1995 (health care fraud); students obtaining MBA in medical group management
Education
  • Georgetown University Law Center
    J.D., 1989, magna cum laude, Order of the Coif
    Senior Editor, 1988-1989, Member, 1987-1989, Georgetown Law Journal
  • Georgetown University
    B.A., Government, 1986, magna cum laude

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