Edward B. Magarian
PEOPLE

Edward B. Magarian

Partner
magarian.edward@dorsey.com

Overview

ED IS A TRIAL ATTORNEY WITH A NATIONAL PRACTICE WHO PARTNERS WITH CLIENTS ON COMPLEX CIVIL LITIGATION BROUGHT BOTH BY PRIVATE PARTIES AND THE GOVERNMENT; INVESTIGATE AND, WHERE NECESSARY, DEFEND ALLEGATIONS OF CRIMINAL AND REGULATORY VIOLATIONS; PROSECUTE AND DEFEND CLAIMS INVOLVING THEFT OF TRADE SECRETS AND MISAPPROPRIATION OF ASSETS AND CORPORATE RAIDING; AND DEFEND OR PROSECUTE CLAIMS BEFORE FINRA, AAA AND OTHER VENUES. ED’S COMMITMENT TO CLIENT SERVICE IS 24/7 BECAUSE THE ISSUES HIS CLIENTS CONFRONT ARE NOT RESTRICTED BY THE CLOCK.

Ed’s practice includes clients in various industries such as banking, insurance, securities, health care, energy, education, hospitality, franchise, government contractors, food and agriculture, among others.

Ed has been a member of the firm’s Policy Committee (Board of Directors) since 2015 and is a former chair of the firm’s Professional Personnel Committee.

Education & Admissions

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

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
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Seventh Circuit

Clerkships

  • U.S. Court of Appeals for the Eighth Circuit, Honorable Francis J. Magill, 1989-1990

Experience

Representative Litigation

  • Represent clients in litigation regarding confidential information and trade secrets, nonsolicit/noncompetes provisions, Broker Protocol and employee raiding
  • Represent clients in complex commercial litigation, including, for example, class actions, and false claims act cases
  • Represent clients in industry related FINRA Arbitrations 
  • Represent clients in connection with FINRA Enforcement proceedings
  • Represent clients in various federal and state criminal, regulatory and civil investigations (e.g., banking, environmental, securities, fraud, health care, political bribery, and antitrust) and clients in connection with investigations by regulators (e.g., FINRA, SEC and state regulators)
  • Internal Investigations for Management, Boards, and Audit Committees ranging from allegations of fraud and violations of law, including those related to the Foreign Corrupt Practices Act, mortgage fraud, securities fraud, healthcare fraud, among others
  • Represent clients in connection with investigations by government agencies and/or whistleblower claims, including insurance, banking, health care, government contractor and securities fraud
  • Represent clients charged with criminal violations in both federal and state court 
  • Represent clients in connection with allegations of civil fraud 
  • Represent schools and other nonprofits in connection with allegations of misconduct
  • Represent clients in antitrust civil litigation (e.g., vitamins, pharmaceutical, and tobacco industries) 
  • Represent clients being sued by former employees who had been terminated, or who allege discrimination or harassment, or whistleblower retaliation
  • Represent clients in litigation involving franchise agreements 

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
  • Secured dismissal of California class action based upon application of arbitration agreement
  • Order in favor of client based on "thorough" and "credible" internal investigation on a matter involving allegations of collusion and other misconduct
  • Dismissal of multiple multimillion dollar claims by FINRA panel after trial on disputes involving compliance violations and alleged breach of franchise agreement in various states such as Florida, California, Pennsylvania, and Massachusetts
  • Negotiated Deferred Prosecution Agreement for public company preventing indictment and prosecution of company for political bribery
  • Secured dismissal of provider claims against HMO claiming termination of contract in violation of Minnesota Human Rights Act
  • Secured a complete dismissal after full hearing of multi-million dollar FINRA claim brought by a Virginia financial advisor for breach of her contract and related compliance issues
  • Secured a complete dismissal after a full hearing of a FINRA claim brought by a Pennsylvania financial advisor for alleged breach of contract
  • Secured a complete dismissal after a full hearing on a FINRA claim brought by a Massachusetts financial advisor for alleged breach of contract and policies related to his desire to become a franchisee financial advisor
  • Secured dismissal for bank client of raiding and conversion claims brought by a competing bank
  • Defeated multiple motions for temporary restraining orders in securities broker raiding cases
  • Secured motions for temporary restraining order related to solicitation and conversion of confidential information for financial institution clients
  • Obtained injunction against former CEO who embezzled millions from former employer

News & Resources

Articles

Certiorari Grant This Week on Email Providers Served with Warrant for Emails
What’s New with FINRA Rules
SEC Fines KBR $130,000 for Using Employee Confidentiality Agreement that Violates Dodd-Frank Whistleblower Protections
DNA holds the key to the exoneration of Billy Glaze
Government Enforcement & Corporate Investigations Newsletters
Government Enforcement & Corporate Investigations Newsletter
Salinas v. Texas, and What it Means for White Collar Investigations
Obligation to Indemnify Executive Accused of Criminal Conduct
Quirky Question # 191, Pre-Employment Background Checks and Temporary Agencies
"Joint Defense Agreements: What is a Responsible Company to Do?", published in Thomson Reuters White Collar Crime LR
Antitrust Leniency Program Still on Track after Stolt-Nielsen
“Iran’s First Anti-Money Laundering Law: Will it be Effective at Opening Doors to the West?”
To Cooperate or Not: The Corporate Leniency Program After Stolt-Nielsen
To Cooperate or Not: The Corporate Leniency Program After Stolt-Nielsen
Antitrust Leniency Program Remains a Good Bet
Export Compliance: Prevention and Enforcement (White Collar Crime and Civil Fraud Update)
Export Compliance: Prevention and Enforcement
"The ADEA Statute of Limitations," 7 Employment Law Update 17-19
"Class Action Sexual Harassment Claim?" 9 Employment Law Update, 12-13
"Sixth Amendment Issues at Trial," 76 Georgetown Law Journal; Author
"Post Termination Obligations in the Absence of Restrictive Covenants," Employment Law Update
"Security Forecasts-A Global Review- United States," 26 International Commercial Litigation

News & Press Mentions

Super Lawyers Recognizes 41 Dorsey Lawyers in Minneapolis
Chambers USA 2019 Recognizes Dorsey Lawyers and Practices
54 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2019 and 2019 Lawyers of the Year
Super Lawyers Recognizes 36 Dorsey Lawyers in Minneapolis
He served decades in prison for Minneapolis serial killings. DNA blames someone else.
Dorsey Partner Ed Magarian Fight for Dismiss Appeal in Glaze Case
Dorsey Partner Ed Magarian Argues Glaze Case Deserves Review
51 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2018 and 2018 Lawyers of the Year
Super Lawyers Recognizes 36 Dorsey Lawyers in Minneapolis
Dorsey Partner Ed Magarian Comments on Former Starkey Executive Felony Charge
Interviewed for article “Longtime A.L. financial advisor placed on probation,” Albert Lea Tribune
48 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in The Best Lawyers in America 2017 and 2017 Lawyers of the Year
Super Lawyers Recognizes 37 Dorsey Lawyers in Minneapolis
Dorsey Partner Ed Magarian Comments on Death of Billy Glaze
45 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in "The Best Lawyers in America®" 2016 and "Best Lawyers of the Year"
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Dorsey’s Minneapolis Office Named - Complex Civil Litigation Law Firm of the Year in Minnesota
Dorsey Partner Ed Magarian Discusses the State of Wrongful Convictions on San Francisco Radio Talkshow
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
Dorsey Partner Ed Magarian Asks Court to Test Additional DNA in Glaze Case
Dorsey Partner Ed Magarian Argues for DNA Testing in Glaze Case
Dorsey Partner Ed Magarian Comments on Pending Innocence Project Case
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Dorsey Partner Ed Magarian Joins Forces with Innocence Project on Billy Glaze Case
Dorsey Partner Ed Magarian Discusses Wrongful Convictions on Fox9

Events & Speaking Engagements

American Bar Association, National Arbitration & Mediation
Webinar Playback: Fifth Annual Federal Enforcement Forum
Fifth Annual Federal Enforcement Forum
Current Issues in White Collar Litigation
Critical Early Decisions in Internal Investigations
White Collar Crime Breakfast Briefing: The Smartest Guys in the Courtroom - Lay and Skilling Face the Music

Select Presentations

  • Where Have You Gone, Miranda? Trends, Predictions and Best Practices
  • "Creating and Implementing a Winning Arbitration Strategy," Corporate Counsel Symposium
  • False Claims Act: “Avoiding the Inferno: Making Import and Export Issues Predictable in the Year of the Dragon”
  • 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

Industries & Practices

Government Contracts Counseling & Litigation
Securities & Financial Services Litigation & Enforcement
  • Anti-Corruption Group
  • Antitrust & Competition Law
  • Appellate
  • Banking & Financial Institutions
  • Class Action Litigation
  • Commercial Litigation
  • Electronic Discovery
  • Energy & Natural Resources
  • Food, Beverage & Agribusiness
  • Franchise & Distribution Law
  • Government Contracts Counseling & Litigation
  • Healthcare
  • Insurance Law
  • Labor & Employment
  • Mining
  • Public-Private Partnerships
  • Securities & Financial Services Litigation & Enforcement
  • Tax Controversy & Litigation

Professional & Civic

Professional Achievements

  • Georgetown University Law Center, Law Alumni Board of Trustees, 2012-2017
  • Board of Directors, The Innocence Project of Minnesota, 2001-present (Chair, 2003-2005; Co-Chair 2008-2010)
      • Secured the release of Sherman Townsend after serving 10 years of a 20 year sentence for a burglary he did not commit, Minnesota, 2007
      • Secured release and exoneration of Koua Fong Lee after serving several years for vehicular manslaughter resulting from an accident involving his Toyota vehicle
      • Secured the release and exoneration of Michael Hansen after his wrongful conviction for the murder of his daughter (who died of SIDS)  
      • Successfully promoted new form of eyewitness identification now used by two of Minnesota's largest counties
  • Director and Executive Committee, Humboldt Lofts Condo Association, 2018 - Present
  • Jury Instruction Committee (Minnesota), 2004-2005
  • Elected as a delegate to the State DFL Convention, 2006; elected as a delegate to the State DFL Convention 2008; served on nominations committee, 2008; elected as delegate to the State DFL Convention 2010; elected Director, Senate District 63, 2008-2012; elected delegate to Senate District Convention, 2018
  • Georgetown University, Alumni Interviewer, Admissions Committee, 2003-2017
  • Board of Directors, Prevention Alliance, 2001-2003
  • Founding member, International Anti-Fraud Network
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

Accolades

Ranked in Chambers USA 2019 Leading Individual  North Star Lawyer logo

 

  • Named one of “America’s Leading Business Lawyers” by Chambers USA (Litigation: White-Collar Crime & Government Investigations), 2019      
  • Listed as a Minnesota Super Lawyer, 2011-2019
  • Listed in Best Lawyers in America©, 2011-2019
  • Listed in Minnesota Lawyers Best Lawyers
  • MSBA North Star Lawyer
  • Named Featured Attorney of the Month by Attorney at Law Magazine, April 2013
  • 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
Edward B. Magarian