John Harper III

Attorney

Minneapolis

612-672-3675

jharper@messerlikramer.com

Assistant: Tara Leupke

612-672-3613

Profile

Jack has extensive business litigation experience trying and arbitrating hundreds of business related claims and cases, particularly in the areas of financial services, management liability, and fiduciary duty and shareholder disputes. Drawing from over 40years of experience as a business litigator, Jack also provides counsel to business owners, boards of directors and management teams regarding litigation risk management assessment, strategic planning, employment practices, shareholder/director fiduciary duty and other sensitive business issues. Jack provides an honest assessment of his client’s legal position, claims, and defenses and devises a strategy and course of action in line with each client’s business objectives and financial resources.

Jack’s philosophy is 24/7 service. He is proactive, accessible, responsive, and a zealous advocate for his clients. He has obtained multimillion dollar verdicts, decisions, and awards on behalf of his clients and has successfully defended clients around the country achieving defense verdicts and just-resolution of cases with multi-million dollar exposure.

Jack has been named a “Super Lawyer” from 2004-17, and was a Minnesota Lawyer “Attorney of the Year” in 2011.

Representative Experience

Recent Representative Transactions 

  • Representing bank against declaratory judgment claims. Case pending.Oak Knoll Business Park III v Associated Bank, N. A.  venued in Hennepin County District Court. 

  • Representing plaintiff owner/shareholder in breach of fiduciary duty, declaratory judgment et al claims. Case pending.Robison v PDSI, Inc et al.Venued in Hennepin County District Court. 

  • Representing company and owner relating to fraud, misrepresentation and deceptive trade practices claims. Case pending.State of Minnesota v Your Magazine Services, Inc. et al.Venued in Scott County District Court. 

  • Representing company and majority owner against claims of breach of contract. Case pending.Push, Pedal and Pull, Inc v 2nd Wind Exercise Equipment, Inc. et al.venued in South Dakota State Court. 

  • Represented Lumber One relating to breach of contract and liquidated damage claims. Case settled in early, pre-discovery mediation.Minnesota Leased Housing Associates, LLC v Lumber One Cold Spring, Inc.venued in Hennepin Country District Court. 

  • Represented defendant and third-partyplaintiff in claims of fraud and misrepresentation et al. Case settled. Ulrich v Goldstar Estate Buyers, Inc et al. venued in Hennepin County District Court. 

  • RepresentedTripleTreein non-compete and breach of contract claims against former employee. Venued in Minnesota Federal District Court 

  • Represented one of numerous defendants against multiple claims arising relating to personal injury and property damage allegedly suffered from toxic waste sites. Case dismissed.Keenan et alv  State of Minnesota et al. venued in Hennepin Country District Court. 

  • Representing large board game manufacturer/distributor in claims against largeinternet basedretailer for unfair competition, copyright and trademark infringement et al. 

  • Representing bank holding company and two banks in shareholder derivative claims. Special litigation committee appointed and awaiting completion of investigation and report

  • Represented plaintiff asserting a breach of international distributorship agreement claims. Confidential settlement.Amex, Inc. v. Code 42, Inc. venued in Hennepin County District Court.  

  • Represented plaintiff asserting a breach of international distributorship agreement claims Confidential settlement.Amex, Inc. v. Compellent Technologies, Inc., et. al.venued in Minnesota State District Court, Hennepin County.  

  • Representing derivative shareholder plaintiffs in breach of fiduciary duty and negligence claims against officers and directors of Voyager Bank. Special litigation committee appointed recommending the pursuit of derivative claims which were subsequently settled pursuant to a confidentiality agreement in an early, pre-discovery mediation.Boyt, et al. v. Owens, et al. Venued in Hennepin County District Court.   

  • Represented regional retailer in breach of contract lawsuit and counterclaims.Confidential settlement. Delivery Solutions, Inc. v. 2nd Wind Exercise Equipment, Inc. venued in Wisconsin Federal District Court, Eastern Division. 

  • Representing defendant shareholder, officers and directors against discrimination claims based on sexual orientation, intentional interference with contract and breach of fiduciary duty.Habberstad, et al. v. Country Bankers, Inc., et al. Venued in Minnesota State District Court, Steele County.   

  • Obtained summary judgment awarding distributions and attorney fees in excess of $1 million.Hall v.Barry, et. al. venued in Ramsey County District

  • Representing plaintiff majority member of LLC in ownership.

  • Represented Company in non-compete and breach of contract claims. Confidential settlement.Martin Calibration, Inc v Woelkner venued in Cook County, Illinois.

  • Representing large mechanical engineering firm against design-defect claims arising out of the construction of apartment building

  • Representing manufacturer’s representative in breach of non-compete claims. Settled before lawsuit commenced

  • Representing manufacturer’s representative in statutory breach of contract claims. Settled before lawsuit commenced.

  • Represented insurance brokerage company against claw-back claims arising out of Ponzi scheme. Confidential settlement.Lancelot Investors Fund, LP, et al. v. Atradius Trade Credit Ins., Inc., et al. venued in U.S. Bankruptcy Court, Northern District of Illinois.  

  • Representing a defendant in alleged fraudulent transfer and civil conspiracy case. Case settled in early mediation.Liberty Capital Lending, LLC v. Crown Bank, et al. venued in Minnesota State District Court, Hennepin County.

  • Represented plaintiff boat warranty company in binding arbitration in Chicago, Illinois.Obtained $1,919,000 award. Marine Innovations v. Virginia Surety Company, Inc.   

  • Represented large plaintiffs group in fraudulent misrepresentation, breach of contract action. Confidential settlement achieved.McDonald, et al. v. Entrust Midwest, Inc., et al. venued in Minnesota State Court, Hennepin County

  • Represented insurance brokerage company against claw-back and negligence claims arising out of Ponzi scheme.Palm Beach Finance Partners, L.P., et al. v. Atradius Trade Credit Ins., Inc., et al. venued in U.S. Bankruptcy Court, Southern District of Florida. 

  • Represented bank officer against claw back and negligence claims. Confidential settlement.Palm Beach Finance Partners, L.P., et al. v. BMO Harris Bank, N.A., et al. venued in U.S. Bankruptcy Court, Southern District of Florida.   

  • Represented 135 plaintiffs in breach of contract and fraud claims arising out of currency arbitrage Ponzi scheme.Obtained temporary restraining order and preliminary injunctions freezing assets of defendants which led to appointment of receiver and SEC/CFTC enforcement actions. Phillips, et al. v. Oxford Global Advisors, et al. venued in Minnesota Federal District Court. 

  • Representing defendant corporation’s shareholder against breach of fiduciary duty claims Steinmetz andThinLight Technologies Corp. v. Lindblad, et al. venued in Minnesota State District Court, Dakota County.

  • Defended equipment lessor in breach of contract, fraud and misrepresentation. Court granted dismissal of claims.The National Bank v. First Premier Capital, LLC. venued in Federal District Court, Minneapolis Division.

  • Represented defendants in breach of contract, tortuous interference with contract and unjust enrichment claims.Confidential settlement. Waste Management of Minnesota, Inc. et al v. SKB Environmental, Inc. et al. venued in Minnesota State District Court, Dakota County 

  • Represented Boise and its employees in defamation lawsuit. Obtained jury verdict on behalf of supervisor and dismissal of claims against corporation on appeal. Barr v. Boise Cascade Corp., et al. venued in Minnesota State Court, Koochiching County.

  • Represented directors of local community bank against FDIC and breach of fiduciary duty claims.

  • Represented boat warranty company and in March, 2011 obtained $1,919,000 arbitration award in breach of contract and unjust enrichment action in Cook County, Illinois.

  • Represented individual business owners and their company in civil enforcement and fraud actions brought by • Federal Trade Commission seeking injunctive relief and appointment of receiver.

  • Represented regional retailer in Attorney General investigation of alleged deceptive trade practices. No admission of violations.

  • Represented multiple banks and equipment lessor in claims against equipment lessees arising out of three equipment lease Ponzi schemes in New York and Illinois.

  • Represented regional retailer in non-compete and whistleblower actions. Obtained temporary restraining order against ex-employees which led to favorable settlement.

  • Represented bank owners and directors in alleged breach of fiduciary duty and fraud cases.

  • Represented Fortune 500 company in antitrust lawsuit. Obtained summary judgment for client.

  • Represented regional retainer in deceptive trade practices class action.

  • Represented claw- back defendants in “Petters” Ponzi scheme litigation in Illinois Federal Court.

  • Representing shareholders in breach of contract, breach of fiduciary duty and mandatory buy-out claims.

  • Represented multi-unit franchisee in breach of contract and fraudulent misrepresentation action against franchisor. Achieved confidential settlement.

  • Represented multi-unit restaurant franchisees in Fair and Accurate Credit Reporting Act (FACTA) lawsuits in Pennsylvania, Oklahoma and California.

  • Represented software company in noncompetition and non-solicitation action in Texas. Defeated temporary restraining order and obtained favorable confidential settlement.

  • Represented City of New Brighten in breach of contract lawsuit with developer.

  • Represented restaurant owner in trade name/dress infringement lawsuit in Nebraska. Favorable settlement achieved.

  • Represented trustees in Hennepin County District Court against breach of fiduciary duty and self-dealing claims. Case settled.

  • Represented multiple corporate and individual defendants in breach of lease and fraudulent conveyance lawsuits in Ohio.

  • Represented equipment lessors in State and Federal Courts in over 25 states in breach of contract and replevin lawsuits.

Publications & Presentations

Publications 

Presentations 

 

Professional & Community

Admissions

  • Minnesota
  • Wisconsin
  • U.S. District Court, District of Minnesota
  • U.S. District Court, District of Nebraska
  • U.S. District Court, District of North Dakota
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Supreme Court

Associations

  • Minnesota State Bar Association, Member
  • Hennepin County Bar Association, Member
  • American Arbitration Association, Member
  • Defense Research Institute, Member

Community Involvement

  • University of St. Thomas, School of Law Mentor