Skip Durocher
PEOPLE

Skip Durocher

Partner
durocher.skip@dorsey.com

Overview

PRACTICING IN THE AREA OF COMPLEX CIVIL LITIGATION, SKIP HAS REPRESENTED CLIENTS IN CASES INVOLVING COMMERCIAL AND FINANCIAL ISSUES FOR OVER THIRTY YEARS.

Skip Durocher is a partner in the firm’s Litigation and Regulatory Practice Groups. His practice focuses on complex civil litigation, with a particular emphasis on the defense of consumer class actions against financial services companies under the Truth in Lending Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and state unfair practices statutes. He has also handled a wide variety of other complex litigation, including minority shareholder disputes, insurance coverage, business torts, and federal Indian law. Mr. Durocher is Co-Head of the firm’s Minneapolis Office, and Chair of the firm's E-Discovery Practice Group and Co-Chair of its Indian Law Practice Group.

Education & Admissions

University of Wisconsin Law School (J.D., 1986), cum laude, Order of the Coif
Wisconsin Law Review, Note and Comment Editor
1985-1986, Staff Member, 1984-1985

Marquette University (B.A., Political Science, 1983), cum laude

Admissions

  • Minnesota
  • Wisconsin
  • U.S. Supreme Court 
  • U.S. Courts of Appeals for the Second, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits 
  • U.S. Court of Federal Claims 
  • U.S. District Courts for the District of Minnesota, the District of the District of Columbia, the Western District of Michigan, the Northern District of Texas, and the Eastern and Western Districts of Wisconsin
  • Tribal Courts of the Cheyenne River Sioux Tribe, Confederated Tribes of the Colville Reservation, Jamul Indian Village, Keweenaw Bay Indian Community, Las Vegas Paiute Tribe, Little Traverse Band, Prairie Band Potawatomi, Prairie Island Mdewakanton Dakota Community, Shakopee Mdewakanton (Dakota) Community, and Spirit Lake Nation

Clerkships

  • United States District Court for the Northern District of Texas, Honorable Jerry Buchmeyer

Experience

Representative Work

  • Represented national banking client in numerous nationwide class action suits filed in federal courts around the country involving claims relating to lender-placed hazard and flood insurance;
  • Represented national banking client in putative nationwide class action suit filed in Florida state court involving claims relating to the application of prepayments under residential mortgages;
  • Represented consumer credit company in multiple state court actions involving claims relating to wrongful repossession of customer vehicles, as well as legality and propriety of outstanding deficiency judgments;
  • Represented consumer credit company in putative statewide class action in federal district court alleging violations of the Minnesota Retail Installment Sales Act, the Minnesota usury laws, the federal Truth in Lending Act, and RICO, breaches of warranty, common law fraud, and illegal insurance sales. Obtained summary judgment in favor of credit company.
  • Represented consumer credit company in putative statewide class action in federal district court involving alleged violations of the Racketeer Influenced and Corrupt Organizations Act, interference with contract, breach of contract, violations of the Minnesota Motor Vehicle Retail Installment Sales Act, and breach of fiduciary duty, arising out of credit company’s purchase of LPD insurance on customer vehicles. Obtained dismissal of all claims at district court, and affirmance by 8th Circuit.
  • Represented Ford Motor Credit Company in nationwide class action filed in Hennepin County purportedly on behalf of a class of automobile lessees. Plaintiffs claimed that their automobile security deposit constituted collateral in a secured transaction, and demanded payment of all “increase or profits” allegedly received by Ford Credit from its purported use of that collateral. Obtained summary judgment on behalf of Ford Credit. Affirmed by Minnesota Court of Appeals; petition for review denied by Minnesota Supreme Court.
  • Represented U.S. Bank N.A. in nationwide class action filed in Minnesota U.S. District Court alleging violations of federal and Minnesota laws with respect to processing fees for mortgage applications. Obtained summary judgment on all claims in favor of US Bank; affirmed on appeal to the 8th Circuit.
  • Represented construction company in insurance coverage action filed in Washington County involving water intrusion claims in custom homes built by client. The case involved significant and complicated coverage issues involving ongoing damage, multiple policy years and carriers. Obtained summary judgment on all claims on behalf of client; affirmed by Minnesota Court of Appeals.
  • Represented financial services client in putative nationwide class action filed in Dakota County alleging deceptive trade practices and consumer fraud with respect to client's billing practices regarding its expedited check delivery services. Obtained summary judgment on all claims for client.
  • Represented medical device company seeking products liability coverage relating to recalled pacemaker lead wires.  The case involved issues relating to misrepresentation, known loss, late notice and various other policy exclusions.  Favorable settlement obtained before trial.
  • Represented nutritional food and chemical manufacturer and distributor in coverage action against its liability carrier seeking coverage for underlying patent infringement claims.  Favorable settlement obtained before trial.
  • Represented insured manufacturer in coverage action against multiple primary and excess carriers.  The action arose out of the insurers’ denial of coverage for numerous third-party property damage claims relating to the client’s product.  Issues litigated included, among others, trigger of coverage, allocation, the “expected/intended” exclusion, and coverage for punitive damages.  Six week trial relating to reinstatement of aggregate limits resulted in judgment for client.
  • Represented health clinic policyholder in a multi-million dollar property damage insurance coverage lawsuit under an “all-risk" policy.  The case involved complicated issues relating to “collapse,” “hidden decay” and exclusions relating to design defect and defective materials.  Favorable settlement obtained before trial.
  • Represented lending institution insured in multi-million dollar insurance coverage claim against insurer arising out of warranty insurance for damage to wind turbine generators.  Case involved analyses and litigation of various policy defenses, including “expected/intended” exclusion, and issues relating to bad faith. Favorable settlement obtained before trial.
  • Represented Third Party Administrator in multimillion dollar breach of contract action against insurer.  Favorable settlement obtained before arbitration.
  • Represented federally-recognized Indian tribe in federal court litigation against State of Michigan Revenue Officials regarding its attempt to impose ad valorem property taxes against the Tribe and its members on fee land within the Tribe's Reservation. Obtained summary judgment on behalf of the Tribe; affirmed by the 6th Circuit Court of Appeals.
  • Represented federally-recognized Indian tribe and tribal corporation in federal court litigation against Kansas Revenue Officials regarding seizure of tribal corporation's gas tanker truck and attempt to impose fuel tax on sales of fuel to Indian tribes in Kansas. Argued certified question to Kansas Supreme Court. Obtained TRO and preliminary injunction from District Court, affirmed by 10th Circuit. Obtained summary judgment on behalf of Tribe and tribal corporation.
Teaching and Lecturing
  • Adjunct Professor of Law, Ethics, Hamline Law School, 1994-1996.
  • Adjunct Professor of Law, Insurance Law, Hamline Law School, 1992-94.
  • Frequent lecturer at continuing legal education seminars on a variety of topics.

News & Resources

Articles

The Trump Administration announced two key appointments to Indian Affairs posts in the Department of the Interior this week
Locked Out: Zillow’s Failure to Provide Insurer Timely Notice of DMCA Takedown Notice Precludes Coverage Under a Claims-Made Policy
The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi Band of Choctaw Indians
Supreme Court Rejects Challenge to the Use of Tribal-Court Convictions as Predicate Offenses in Federal Domestic Violence Prosecutions
Supreme Court Unanimously Holds that Omaha Tribe’s Reservation Not Diminished by 1882 Statute
Supreme Court Rejects Tribe’s Equitable Tolling Argument in Contract Support Litigation
Dorsey Partner Skip Durocher Remarks on Implications Cannabidiol Law to Tribes
Department of Justice Memorandum Regarding Legalization of Marijuana in Indian Country Raises More Questions Than Answers
U.S. Supreme Court Reaffirms the Doctrine of Tribal Sovereign Immunity in Bay Mills Decision
Baby Veronica Case
Minnesota Supreme Court Reverses Court of Appeals in ECI v. L.H. Bolduc Co.
IRS Issues Notice Addressing Application of General Welfare Exclusion to Tribal Government Programs
Mole Lake Band Trust Indenture Decision
Treasury Requests Comments on Tribal Economic Development Bonds
Indian Law Practice Group Releases Supreme Court Alert: Carcieri et al. v. Salazar et al.
"Choosing an e-Discovery Vendor: Ten Points to Consider"

News & Press Mentions

51 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2018 and 2018 Lawyers of the Year
Dorsey Partner Skip Durocher Discusses City of St. Paul Pro Bono Case
Dorsey Pro Bono Team Gets Housing Suits Dismissed Against City of St. Paul
Super Lawyers Recognizes 36 Dorsey Lawyers in Minneapolis
Dorsey’s Native American Law Practice and Partners Again Ranked Nationally by Chambers USA 2017
Chambers USA 2017 Recognizes Dorsey Lawyers and Practices in Minnesota
Chambers USA 2017 Recognizes Dorsey Lawyers and Practices
Dorsey Partner Skip Durocher Advises Bad River Tribal Members on Tax Issue
48 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in The Best Lawyers in America 2017 and 2017 Lawyers of the Year
A feel-good report on the legal profession
Dorsey’s Native American Law Practice and Partners Again Ranked Nationally by Chambers USA 2016
Chambers USA 2016 Recognizes Dorsey Lawyers and Practices in Minnesota
Chambers USA 2016 Ranks Dorsey Lawyers and Practices
Dorsey Partner Skip Durocher Remarks on Pauma Bad Faith Claims Suit
Logstrom Koci and Durocher Selected to Head Dorsey’s Minneapolis Office
Dorsey Partner Skip Durocher Comments on 2016 Native American Policymaking
Dorsey Partner Skip Durocher Remarks on BIA's Decision in Mashpee Casino Project
45 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in "The Best Lawyers in America®" 2016 and "Best Lawyers of the Year"
Dorsey’s Native American Law Practice and Partners Again Ranked Nationally by Chambers USA 2015
Chambers USA 2015 Recognizes Dorsey Lawyers and Practices in Minnesota
Dorsey Partner Skip Durocher Comments on Tribes Risk Alienating Non-Native Businesses in Discovery Row
Dorsey Partner Skip Durocher Comments on Working with Native American In-House Counsel
Dorsey Partners Durocher and Streitz Remark on Handling Legal Matters for Tribes
Chambers USA 2014 Ranks Dorsey Lawyers and Practices
Partner Skip Durocher Comments on Potawatomi Tribe Age Discrimination Case

Select Presentations

  • September 2015-2017 Tax Litigation Update, National Intertribal Tax Alliance 17th Annual Tax Conference
  • June 15, 2017  E-motional Intelligence 2017:   The New E-Discovery Rules and Proportionality?  Yes, Proportionality, Wisconsin State Bar Annual Conference
  • May 10, 2017  Protective Orders Webcast, Minnesota CLE Civil Litigation Webcast Series
  • May 29, 2017  Alternative Fee Arrangements, Corporate Legal Operations Institute Annual Conference
  • March 21, 2017  DorsEdiscovery Boot Camp:  E-Discovery:  The In-House Perspective, Dorsey U
  • February 2, 2017  Insuring the Cyber Risk, Wiring the Rez National Conference, Arizona State University
  • January 25, 2017  Third Annual DorsEdiscovery Forum, Dorsey U
  • November 30, 2016  E-discovery:  Everything You Need to Know!, Dorsey U
  • June 22, 2016  An E-Discovery Conversation (Moderator), Dorsey U
  • April 4, 2016  Remedies & Damages in Commercial Litigation, Minnesota CLE
  • February 12, 2016  E-Commerce/Tribal Data Privacy CLE at ASU
  • January 27, 2016  DorsEdiscovery Boot Camp: E-Discovery Trivia – Significant 2015 E-Discovery Cases, Dorsey U
  • January 28, 2016  Second Annual DorsEdiscovery Forum:  E-Discovery, Information Governance and Data Privacy, Dorsey U
  • July 21, 2015  Nuts & Bolts of Federal Practice, Dorsey U
  • February 17, 2015  Consumer Protection and Data Security, Wiring the Rez National Conference, Arizona State University
  • January 28, 2015  DorsEdiscovery Forum:  International E-Discovery & Data Privacy, Costs, Case Laws and Trends, Dorsey U
  • March 17, 2014  DorsEdiscovery Boot Camp:  Slim Down Your Excess Data, Dorsey U
  • March 12, 2014  Privacy & Technology Commerce Breakfast Briefing:  Cybersecurity & The Law, Dorsey U
  • February 25, 2014  DorsEdiscovery Boot Camp:  To Have & To Hold – Litigation Holds & Preservation, Dorsey U
  • January 24, 2014  DorsEdiscovery Boot Camp:  2013 E-Discovery Case Law Update, Dorsey U
  • October 28, 2013  Risk Transfer and Indemnification, 2013 Closely Held Business Conference, MN CLE
  • December 13, 2012  Top 10 E-Discovery Highlights of 2012, Dorsey U
  • December 4, 2012  Hot Topics in Construction Litigation and Risk Management, Dorsey U
  • November 7, 2012  Risk Transfer in Commercial Contracts Webinar, Strafford Publications, Inc.
  • September 25, 2012  Tax Litigation Update, National Intertribal Tax Alliance 14th Annual Tax Conference
  • Frequent lecturer at continuing legal education seminars on a variety of topics.

Industries & Practices

Non-Profit & Tax Exempt Organizations
Securities & Financial Services Litigation & Enforcement
  • Banking
  • Class Action Litigation
  • Commercial Litigation
  • Construction Litigation
  • Electronic Discovery
  • Environmental
  • Health Care
  • Health Litigation
  • Indian & Alaska Native
  • Insurance Law
  • Legal Project Management
  • Mergers & Acquisitions
  • Mortgage Banking
  • Non-Profit & Tax Exempt Organizations
  • Products Liability
  • Securities & Financial Services Litigation & Enforcement
  • Tax Controversy & Litigation

Professional & Civic

Professional Achievements

  • Volunteer Lawyers Network, Member, Board of Directors 2006-Present, Secretary (2013-2014), Vice-Chair/Treasurer (2014-2015), Chair (2015-2016)
  • Adjunct Professor of Law, Ethics, Hamline Law School, 1994-1996
  • Adjunct Professor of Law, Insurance Law, Hamline Law School, 1992-1994

Accolades

Ranked in USA Chambers 2017 Leading Individual  Ranked In - USA Chambers and Partners 2016 - Leading Individual  Ranked in Chambers USA 2015 - Leading Individual

  • Listed in Best Lawyers in America©, 2013-2018
  • Named one of “America’s Leading Business Lawyers” by Chambers USA (Native American Law), 2011-2017      

    North Star Lawyer logo

  • MSBA North Star Lawyer, 2012-2014 
  • Listed as a Minnesota Super Lawyer, 2003, 2008, 2017 
  • Selected as Dorsey & Whitney Partner of the Year, 2006
  • Investigator, Minnesota Office of Lawyers Professional Responsibility, 1993-1995
  • State Bar of Wisconsin Non-Resident Lawyers Division
    • Minnesota Chapter President 1995 - 2006
  • Rated AV Preeminent® by Martindale-Hubbell®
Skip Durocher