Joseph W. Anthony

Founding Shareholder, Chief Executive Officer

Joseph Anthony founded Anthony Ostlund as a boutique specializing in business litigation with an emphasis on financial fraud, securities, employment, anti-trust and commercial real estate litigation. Consistent with his founding vision, Joe works hard to attract and retain top-flight business trial lawyers to provide consistently high-quality representation for the firm's clients. 

Joe has tried a significant number of cases and arbitrations to verdict in Minnesota and throughout the country.  In 2007, Joe's client, a professional dental association, was awarded $130 million by a jury in a case involving unfair competition. It is the largest jury verdict in a Minnesota business litigation case. He has defended and prosecuted shareholder rights cases, securities, anti-trust, employment and unfair competition cases as well as represented plaintiffs and defendants in class actions and a variety of corporate disputes.

Joe also has won a number of multi-million dollar jury verdicts and FINRA arbitration awards for individuals and for investment banks, and broker dealers in raiding cases. Recently, Joe's client prevailed as the plaintiff on a million dollar breach of contract claim related to the purchase of a business. Joe also recently obtained summary judgment on behalf of a Fortune 100 client in a significant whistleblower case.

Throughout his career, Joe has advised hundreds of employees, shareholders, directors, officers, and companies in closely-held company disputes.  He has represented clients in a number of seminal shareholder rights cases in Minnesota, including U.S. Bank N.A. v. Cold Spring Granite Co., 802 N.W.2d 363 (Minn. 2011); Haley v. Forcelle, 669 N.W.2d 48 (Minn. Ct. App. 2003) and Miller Waste Mills Inc. v. Mackay, 520 N.W.2d 490 (Minn. Ct. App. 1994).

In the last few years alone, Joe has advised a number of clients in connection with closely-held company disputes, including the successful defense of two director clients against claims that they violated their fiduciary duties to a minority shareholder and the favorable resolution of a dispute between two family-owners of a Minnesota-based flooring business. 

Appellate Court Experience

Joe’s advocacy for clients does not end in the trial court. He has successfully defended and pursued his clients’ rights in appellate courts across the country. Most recently, in 2013, the Minnesota Appellate Court upheld a summary judgment for a Fortune 100 client in a significant employment law matter and also upheld a defense verdict for Joe’s clients in a shareholder rights claim.

Professional Accolades

For the past 15 years Joe has been selected to the "Minnesota Super Lawyer" list and has been ranked by Super Lawyer Magazine in the top 2 or 3 trial lawyers in the state since 2008.

In 2002, he was elected as a Fellow to The American College of Trial Lawyers. Shortly thereafter he was elected alongside 12 fellow Minnesota attorneys to the International Academy of Trial Lawyers, an invitation-only group limited to 500 trial lawyers from the United States.

In 2007, Joe was selected as "Attorney of the Year” in Minnesota. He currently serves as the State Committee chair of the Minnesota Chapter of the American College of Trial Lawyers and is President of the Minneapolis chapter of the International Network of Boutique Law Firms (“INBLF”). He also is the chair of the Board of the Fund for the Legal Aid Society, and he serves on the Board of the Council of Crime and Justice and the Temple University Law School Board of Visitors.

Chubboy v. Best Buy Inc., No. A12-2328, 2013 WL 5022194 (Minn. Ct. App. Sept. 16, 2013)

Joe successfully represented Best Buy against a former employee who alleged that he was terminated for making numerous whistleblower allegations related to his employment. The plaintiffs’ complaint was dismissed on summary judgment and affirmed on appeal.

Toretta v. Lachinski, No. A12-0779, 2013 WL 491523 (Minn. Ct. App. Feb. 11, 2013)

Joe successfully obtained a defense verdict after a bench trial on behalf of two shareholder directors against a minority shareholder who alleged that the director-shareholders of the closely held corporation breached their fiduciary duties.

Katherine Knutson v. RBC Dain Rauscher, Inc., FINRA Arbitration No. 07-02229 (March 11, 2009)

Joe represented a Twin Cities veterinarian who sued RBC to recover losses sustained in an investment account as a result of RBC’s mismanagement and negligence. After a three-week arbitration, the panel awarded $5.6 million in damages.

PDG, P.A. v. PDHC, Ltd., Nos. 27-CV-06-2500, 27-CV-07-13030 (Minn. Dist. Ct. Dec. 13, 2007)

In December 2007, Joe was lead trial counsel in obtaining a $130 million jury verdict after a 5 week jury trial on behalf of PDG, P.A. against American Dental Partners, Inc. on unfair competition, breach of contract, fiduciary duty and tortious interference claims. Of the $130 million award, $84 million was for actual damages and $36 million was for punitive damages.

Miller Johnson Steichen Kinnard, Inc. v. Northland Sec., Inc., NASD Arbitration No. 02-06736 (Sept. 13, 2004)

Joe obtained a $10 million arbitration award on behalf of MJSK against Northland Securities, et al, in a case involving claims of breach of fiduciary duty and unfair dealing.

Arthur Andersen LLP v. Dept. 56, Inc., No. 27-CV-00-012812 (Minn. Dist. Ct. Feb. 2, 2002)

This was a significant case involving the defendant’s failure to properly supervise the installation of an ERP. Joe represented Department 56. The matter was resolved by settlement with Arthur Andersen paying a substantial amount of money. According to the public filings of Department 56, the settlement was in the amount of $12 million.

John G. Kinnard & Co. v. Dain Rauscher, Inc., No. CT 00-351 (Minn. Dist. Ct. Aug. 15, 2000)

Joe represented Kinnard in obtaining the then largest arbitration award for “raiding” in NASD history against another member firm. The award of $16 million included $9 million in compensatory damages and $7 million in punitive damages arising out of a “raiding” claim between two members of the investment securities industry.

Dept. 56, Inc. v. J.D. Edwards & Co., AAA Arbitration No. 65-117-00150-03 (Nov. 13, 2003)

Joe successfully represented Department 56 in obtaining a multi-million dollar settlement against a software manufacturer in connection with the implementation of an ERP.

Knelman v. Inv. Advisors, Inc., No. CO-01-353, 2001 WL 1035144 (Minn. Ct. App. Sept. 11, 2001)

Joe obtained for the firm’s client a $2.4 million jury verdict in an employment dispute between an executive and an investment banking firm.

Butwinick v. Minn. Oncology Hematology, P.A., No. C4-99-1861, 2000 WL 1051983 (Minn. Ct. App. Aug. 1, 2000)

Joe obtained a $2.2 million jury verdict on behalf of two physicians against their fellow shareholders involving violation of their rights as shareholders.

Dominium Mgmt. Servs., Inc. v. Nationwide Hous. Group, 195 F.3d 358 (8th Cir. 1999)

In a $25 million breach of contract/tortious interference claim against one of the firm’s clients (Dominium), Joe successfully obtained a jury verdict of no liability for his client. (One of the other defendants in the case, not represented by Joe, had a jury verdict against it of $21 million).

Woods v. Advance Circuits, Inc., No. C8-98-475, 1998 WL 551918 (Minn. Ct. App. Sept. 1, 1998)

In a case involving numerous statutory and common law claims of discrimination and wrongful termination, Joe successfully defended Advance Circuits (a division of Honeywell Inc.) in obtaining a jury verdict absolving the Company of any liability.

Roberts v. Prudential Sec., Inc., NASD Arbitration No. 9602127 (Dec. 5-7, 1997)

Joe obtained a $2.5 million judgment against a securities brokerage firm, Prudential Securities, Inc., using the "well-managed account theory."

Board Chair, Fund for the Legal Aid Society, 2014

Board Member, Fund for the Legal Aid Society

Board Member, Council of Crime and Justice

Fellow, The American College of Trial Lawyers

Member, International Academy of Trial Lawyers

Board Member, Council of Crime and Justice

Board Member, Fund for the Legal Aid Society

President, Temple University School of Law’s Board of Visitors

General Counsel, United States Golf Association, 2008-2010

Member, Minnesota State Bar Association

Member, Hennepin County Bar Association

Member, Federal Bar Association

Trump Trial Tactics: A Primer, Attorney At Law Magazine - Minnesota Edition, March 2017

Be Careful What You Wish For - Or You May End Up In Arbitration Hell, Attorney At Law Magazine - Minnesota Edition, September 2013

Has Arbitration Failed Its Essential Purpose? Attorney At Law Magazine - Minnesota Edition, December 2012

Are Minority Shareholders at Risk? Attorney At Law Magazine - Minnesota Edition, November 2012 Issue

Betrayed, Belittled . . . But Triumphant: Claims of Shareholders in Closely Held Corporations, William Mitchell Law Review, Vol. 22/No. 4

Minority Shareholder Rights - Revisited, The Hennepin Lawyer, Vol. 65/No. 4

Prosecuting and Defending Lender Liability Claims, The Hennepin Lawyer, Vol. 5B/No. 3

RICO - The Plaintiff's Perspective, RLR Reporter, Inc., New York, NY
"In Search of Coverage - Understanding Directors and Officers Liability Insurance," The Hennepin Lawyer, Vol. 55/No. 5

RICO: The Plaintiff's Perspective, RICO Law Reporter, Chapter 10
The Trial of a Civil RICO Claim,

RICO Law Reporter, Vol. 1/No. 6

Exploring RICO: Civil Remedies for Violations of the Organized Crime Control Act of 1970, The Hennepin Lawyer

The Magical, Mystical World of Refusing to Deal Under the Anti-Trust Laws," The Hennepin Lawyer, Vol. 52/No. 1

Remedies for the Oppressed Shareholder in a Closed Corporation, The Hennepin Lawyer, Vol. 50/No. 6

 

The Minnesota Ultimate Trial Notebook Seminar - Opening Statements - Minnesota Continuing Legal Education (2014)

Owner v. Owner - What Are the Potential Remedies and Damages When Shareholders Sue Each Other? - Minnesota State Bar Association (2013)

Understanding the Legal Basis for Shareholder Disputes in Closely Held Businesses - Minnesota State Bar Association (2013)

Lessons learned from Rucker v. Schmidt: The duties of a “quasi-judicial office, a/k/a attorney, to the client, opposing counsel and opposing party during discovery - Minnesota State Bar Association (2013)

Business Law Series: Accidental Violations of Law – An Unintended Consequence of Utilizing Social Media - Minnesota State Bar Association (2013)

Master Trial Lawyer Practice Series Lecture 2: Jury Selection - Hennepin County Bar Association (2012)

Masters of the Courtroom - Minnesota State Bar Association (2012)

The Very Best in Complex Litigation: Securities Update and Sarbanes-Oxley Related Developments - Minnesota State Bar Association (2012)

NASD Securities Arbitration - Minnesota Institute of Legal Education (2011)

Securities Law Conference - Minnesota Institute of Legal Education (2011)

The Sarbanes-Oxley Act of 2002 - Minnesota State Bar Association (2011)

Fundamentals of Organizing Minnesota Corporations - Minnesota State Bar Association (2011)

Litigation: Tactics, Problems and Solutions - Minnesota State Bar Association (2011)

Representing Shareholders in Closely Held Corporations - Minnesota Institute of Legal Education (2011)

Representing Corporations in Shareholder Litigation - Minnesota Institute of Legal Education (2010)

Representing Corporations and Shareholders in Corporate Litigation - Minnesota Institute of Legal Education (2010)

Temple University School of Law, 1719 N. Broad St., Philadelphia, PA. Adjunct Professor of Law: Advanced Trial Advocacy (2005)

Employment Disputes in the Securities Industry - SIA Compliance and Legal Seminar, Chicago, Illinois (2005)

Annual Lying, Cheating & Stealing Seminar - Minnesota Institute of Legal Education (2005)

Representing Shareholders in Closely Held Corporations - William Mitchell Law Symposium (2004)

Food and Drug Law Institute Strategic Planning for Crisis Management (2003)

Buying, Selling & Merging Closely Held Corporations - Litigation Issues - Minnesota Institute of Legal Education (2003)

Buy/Sell & Shareholder Control Agreements - Litigation Issues - Minnesota
Continuing Legal Education (2003)

Punitive Damages-Crime & Punishment in Today’s Civil Cases - Minnesota Institute of Legal Education (2002)

Defending Accountants and Lawyers - National Business Institute (2002)

Successfully Representing Financial Institutions - Use of the Racketeer Influenced and Corrupt Organizations Act and Defending Claims Under the Statute - Minnesota Continuing Legal Education (2001)

Advising Closely Held Corporations - Defending Corporation Litigation - Minnesota Continuing Legal Education (2001)

Defending Financial Institutions in Litigation - Minnesota Continuing Legal Education (2000)

RICO, RICO, Everywhere - Minnesota Institute of Legal Education (2000)


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