Annamarie A.Daley

Partner

Minneapolis + 1.612.217.8844

Annamarie Daley focuses her practice on complex commercial litigation, regulatory, antitrust, and intellectual property law matters. She has more than 30 years legal experience representing clients in regulated industries including communications, food, agribusiness, motor vehicles, powersports, health care, filtration products, and automotive, consumer, and medical products.

Annamarie has represented clients in federal and state antitrust lawsuits, contract disputes, deceptive trade practice claims, data privacy matters, class actions, and intellectual property litigation. She has secured high-profile verdicts and summary judgments for clients, including as lead counsel in a patent litigation involving electronic fuel-injection technology for two-stroke cycle snowmobile engines that earned her "Attorney of the Year" honors from the Minnesota Lawyer. She is experienced in cross-border litigation including matters involving Canadian and Japanese court proceedings.

Annamarie also represents clients in dealer and distributor matters, arbitrations, mediations, and state attorney general investigations. She has represented clients in federal and state regulatory matters, including Section 15 reports, recalls, remedial action plans, consent decrees, compliance monitoring, proposed rulemaking, voluntary standards, and information-education campaigns. She regularly represents clients' legal interests before the Consumer Product Safety Commission and has worked on matters involving the Food and Drug Administration and National Highway Transportation Safety Administration.

Annamarie is a trial advocacy instructor and active in civic and professional organizations. She is chair of the Minnesota State Bar Association (MSBA) Court Rules and Administration Committee and past president of the MSBA Civil Litigation Section and the Minnesota Supreme Court Historical Society.

Experience

UPL acquires Arysta LifeScience from Platform Specialty Products Corporation for $4.2 billion
Jones Day advised UPL Limited ("UPL"), a leading global generic agrochemical company based in India, in connection with its subsidiary, UPL Corporation Limited’s, US$4.2 billion acquisition and related $3 billion term financing of Arysta Lifescience Inc. (“Arysta”), a global provider of crop protection solutions, including bio-solutions and seed treatment, from NYSE listed Platform Specialty Products Corporation (“Platform”).

The following represents experience acquired prior to joining Jones Day.

Represented Cox in litigation brought by Acacia in a series of patent infringement actions against defendants in the cable, satellite, and adult entertainment industries related to patents it held covering the transmission of audio and video content, including internet streaming. Actions were consolidated as a multidistrict litigation matter in the Northern District of California. The court held that the asserted patents were invalid for indefiniteness, which was affirmed by the Federal Circuit.

Served as lead trial counsel for an optical company on claims of breach of duty of loyalty, duty of confidentiality, and duty of good faith claims against former employee who stole the client's new product ideas. After a jury trial, the company obtained recovery of lost profits.

Represented Arctic Cat Sales and Arctic Cat Inc., a distributor and manufacturer of all-terrain vehicles (ATVs) and snowmobiles in three separate lawsuits between Scholl's 4 Seasons Motor Sports, a former Arctic Cat ATV and snowmobile dealer. These cases involved claims brought by a former dealer that was terminated for failure to pay for products, and, which the dealer alleged violations of various Illinois statutes. Arctic Cat filed various counterclaims and filed a separate lawsuit alleging trademark infringement and other claims. After a federal court trial, a verdict was rendered in favor of Arctic Cat on all of its claims and the dealer claims were dismissed.

Represented Arctic Cat Sales in an action brought by a former dealer for alleged violation of a Wyoming statute. Arctic Cat moved to enforce the arbitration provision in agreement and for a determination that the Wyoming statute did not apply to the dealership. The court ruled in favor of Arctic Cat and found the arbitration agreement enforceable and the Wyoming statute inapplicable.

Represented a distributor in a dispute against the plaintiff, a former dealer, who alleged a newly enacted statute applied to its prior relationship with snowmobile manufacturer. The trial court dismissed the plaintiff's original complaint on the grounds that the retroactive application of the new statute was an unconstitutional impairment of contract.

Represented Pitney Bowes in connection with a breach of contract action in Minnesota federal court. After discovery, a confidential settlement was reached.

Represented a health benefit provider in a case involving allegations of a private health data breach and claims that the plaintiff's information was used in the company's marketing materials. The case, one of the first lawsuits brought under the Minnesota Health Records Act, proceeded through discovery and the parties reached a confidential settlement.

Represented Imation in a patent infringement action commenced by Cyberfone, a nonpracticing entity, alleging patent infringement. Served as lead counsel for Imation and actively handled all aspects of the defense for Imation, including settlement.

Represented Arctic Cat Sales in an action initiated by a former dealer for alleged violations of Michigan statutes. Arctic Cat filed a motion to transfer the case pursuant to the forum selection provision in the dealer agreement. The court granted the motion to transfer and the dealer subsequently dismissed its action.

Served as lead counsel for a defendant in an antitrust case involving claims of unreasonable restraint of trade, refusal to deal, and attempt at monopolization together with various common law tort claims that included tortious interference and conspiracy. Dismissal of the claims was obtained on summary judgment, which was ultimately affirmed on two appeals.

Represented Arctic Cat Sales in an administrative hearing and the appeal from that ruling that prohibited Arctic Cat from establishing a new dealership in the Harrisburg, Pennsylvania area. On appeal, the Pennsylvania court found that the administrative board had erred and that Arctic Cat should be permitted to add the dealership.

Represented a distributor against the plaintiff, a former dealer, alleging a newly enacted statute applied to its prior relationship with the snowmobile manufacturer. The trial court dismissed the plaintiff's original complaint on the grounds that the retroactive application of the new statute was an unconstitutional impairment of contract.

Represented video rental chain Blockbuster in a putative class action claiming that the video rental chain unlawfully retained sensitive information after subscribers canceled their memberships.

Represented United Food Group in a contract dispute involving the purchase of frozen beef. UFG was based in California, and the case was litigated in Minnesota. The case involved disputes regarding UCC forms issues as well as questions about timing of deliveries. The case ultimately was resolved through a confidential settlement.

Represented Arctic Cat and Arctic Cat Sales in an action initiated by a former dealer for an alleged violation of a Louisiana statute. The parties brought cross-motions for partial summary judgment regarding the proper interpretation of that statute, a matter of first impression. The court granted partial summary judgment for Arctic Cat, adopting its proposed interpretation of the statute and the dealer then dismissed its claims.

Additional Publications

  • October 2018
    Hearsay Rule–Declarant’s Availability is Immaterial—Minnesota Rules of Evidence 803, Minnesota Courtroom Evidence Deskbook (2d Ed.)
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