Summary

Andy represents businesses and governmental entities in litigation and regulatory proceedings throughout Minnesota and the United States. He practices principally in the areas of state tax litigation, commercial litigation and telecommunications. 

State Tax Litigation 
Andy has represented Minnesota property owners, counties, banks, and utilities in tax litigation. He has extensive experience, including several lengthy trials before the Minnesota Tax Court and in Minnesota District Court, as well as multiple proceedings before the Minnesota Court of Appeals and Minnesota Supreme Court, concerning the valuation of utility property, large special purpose properties, and industrial facilities. He also represents businesses in the Minnesota Tax Court on matters involving state sales and use tax and other business taxes, and represents individuals in matters involving residency and estate taxes.

His recent tax litigation experience includes representing:

  • Electric and gas utilities and cooperatives with regard to property tax assessment and related litigation.
  • Fortune 1000 companies in Minnesota Tax Court proceedings relating to exemptions from Minnesota sales and excise taxes.
  • A national e-commerce company with regard to Minnesota taxes. 
  • Minnesota counties in property tax litigation involving former industrial properties, agri-business properties, and big-box stores.
  • An antiquities dealer in connection with a sales-and-use tax audit and abusive subpoenas. 
  • Companies and banks that own a portfolio of commercial properties with regard to property tax assessment. 
  • Assisting non-profit property owners seeking exemption from property tax.
  • A solar facility in connection with property tax matters.

Commercial Litigation 
Andy has litigated a wide variety of business cases before federal and state courts. Recent commercial litigation experience includes representing:

  • A Minnesota technology company in connection with personal jurisdiction issues.
  • A claimant in a complex bankruptcy matter.
  • Contractors, property owners, and architectural firms in construction disputes.
  • A real estate owner defending against a fraudulent misrepresentation claim.
  • Federal court litigation involving the Federal Tort Claims Act (FTCA).
  • A small business owner in a trial concerning a shareholder dispute and buyout that resulted not only in a victory, but collection of the entire judgment plus attorneys' fees, notwithstanding the other party's attempt to evade collection through bankruptcy filing.

Telecommunications 
Andy represents telecommunications companies, particularly wireless carriers, on issues such as regulatory compliance and interconnection litigation. He has extensive experience with eligible telecommunications carrier (ETC) proceedings and Telephone Consumer Protection Act (TCPA) compliance. Andy was also part of a team that secured victory for the nation’s largest wireless carrier in a case, litigated from federal district court to the U.S. Supreme Court, that presented the first test of state legislative authority over wireless rates and business practices.

His recent telecommunications experience includes:

  • Compliance analysis and responding to claims relating to federal and state TCPA, telemarketing, and auto-dialing requirements.
  • Minnesota counsel for utilities commission approval of merger of two national telecommunications companies.
  • Advising an Internet service provider on privacy and terms of service issues.
  • Litigation of complex intercarrier compensation disputes in federal courts across the United States.
  • Negotiation of agreements for provision of integrated IT and telecom services for client with international offices. 
  • Representing a municipal electric utility in connection with pole attachment matters.
  • Advising telecommunications company on regulatory issues involved in potential acquisition.
  • Advised telecommunications company on compliance with federal and state 911 and other regulatory requirements.
  • Represented wireless carrier in connection with facilities permitting. 

Andy has been admitted to practice pro hac vice before numerous federal courts, state courts and public utilities commissions.

Andy provides pro bono services through the Children’s Law Center, including arguing and winning a decision from the Minnesota Court of Appeals (In the Matter of the Welfare of the Child of T.T.B.), reversing a district court order that closed the child’s juvenile protection case even though the child was still in need of services. 

Prior to private practice, Andy clerked for the Hon. Stephen C. Aldrich of the Hennepin County District Court. He also was a founder of and partner in Peppermint, a company providing Internet marketing and distribution for independent musicians. Andy enjoys all types of music, running, playing tennis, and playing guitar.

Awards

  • North Star Lawyer, Minnesota State Bar Association

Education

  • University of Minnesota Law School (1998)

    cum laude
    Executive Editor, Minnesota Journal of Global Trade

  • Carleton College (1990)

Admissions

  • State - Minnesota
  • Federal - 8th Circuit Court of Appeals
  • Federal - District of Minnesota

Notable Matters

  • Represented Fortune 500 company challenging tax assessment on R&D facility.
  • Represented County in complex property tax litigation involving large former industrial facility.
  • Represented electric utility in annual property tax assessment process.
  • Represented subcontractor seeking payment in Miller Act Action.
  • Represented general contractor defending against claim of improper backcharges.
  • Advocacy to State Utilities Commissions in numerous rulemaking and regulatory proceedings.
  • On behalf of apartment building developer, negotiated telecommunications right-of-entry agreements with providers of telecommunications services.
  • Advised real estate investment developers and investors on property tax implications of proposed transactions.
  • Advised and assisted on pole attachments and right-of-way matters, including the development, negotiation and administration of pole license agreements, NESC compliance and administration of right-of-way ordinances.
  • Defended against allegations that client violated telemarketing and auto-dialing regulations.
  • Represented county in property tax litigation involving ethanol plant.
  • Represented Fortune 1000 industrial company in protest of sales tax assessment related to Minnesota manufacturing operations.
  • Advised large hospitality company on ADA regulations relating to websites and to reservation process.
  • Represented wireless companies in federal courts in disputes with local telephone companies regarding compensation for calls between parties' networks in multiple states.
  • Represented clients in state public utility commission proceedings to obtain CLEC certificates of authority.
  • Successfully obtained injunction preventing a Minnesota statute affecting wireless carriers' contracts and customer service procedures from taking effect.

Professional Affiliations

  • American Bar Association

    Member, Litigation, Communications Law, and Public Utilities Law Sections

  • Minnesota State Bar Association

    Former President, Communications Law Section

    Member, Tax Law, Public Utilities Law, and Civil Litigation Sections

    Member, Access to Justice Committee

  • Hennepin County Bar Association

    Member

  • The Fund for Legal Aid

    Board member

  • Mid-Minnesota Legal Assistance

    Former member, Board of Directors

  • Minnesota Justice Foundation

    Former member, Board of Directors

Community Involvement

  • The Children's Law Center