Richard T. Ostlund

Experience

Anthony Ostlund Client Kim Lund Is “Prevailing Party” And Is Awarded $45.2 Million in Ownership Buyout Dispute

Following a 5 day trial, Hennepin County District Court Judge Ivy Bernhardson ruled that Kim Lund was the “prevailing party” against her brother, Tres Lund, and various Lund’s entities, in a lengthy legal battle centered on the value of Kim Lund’s ownership interests and Tres Lund’s exercise of power and control over Kim’s interests. In the Court’s 54-page opinion concluding this complex shareholder dispute, the Court awarded Kim $45,225,000, which means that Lund’s must buy Kim Lund out over time for that price. The Court also awarded Kim her court costs.

$24 Million Decision in Minnesota Shareholder Action

Badzin v. Badzin.  Rich, after a multi-week court trial, obtained a $24 million buy-out decision plus financial sanctions for his family-owned company shareholder/employee client, who had been forced out of the company.

$73 Million Recovery in San Francisco Construction/Joint Venture Arbitration

In a private arbitration over the alleged fraud of a property developer, Rich obtained a $73 million recovery of funds and property for the project’s financial investor.

Texas BioMedical Patent Recovery of $23 Million

In an Eastern District of Texas federal court action, Sutura v. Abbott Labs, Rich recovered $23 Million for Sutura for breach of its patents by Abbott Laboratories.

$8 Million Loan Guarantor Defense Verdict

In Alerus v. Sanford, Rich obtained a $8 million defense verdict on behalf of three personal guarantors, when Alerus attempted to collect on a guarantee issued by Rich's client, T. Denny Sanford.

$10 Million Defense Order in Shareholder Breach of Fiduciary Duty Case

In Bolander v. Bolander, Rich successfully defended company client against a $10 million claim for stock buy-out.

Cost of Defense Resolution in Alleged $100 Million Texas Anti-Trust Litigation

Rich led an Anthony Ostlund team that successfully defended and achieved dismissal of a $100 million anti-trust case pending in Texarkana, Texas. Anthony Ostlund took over defense from one of the largest firms in America, which had recommended the client pay over $20 million to solve the case. After key discovery and with a pending summary judgment motion, the case was solved confidentially for less than the client’s deductible on its insurance coverage.  Anthony Ostlund’s team of six lawyers efficiently replaced a team of 16 from the prior firm, and saved the client over $20 million.

Insurance Coverage Recoveries of $15 Million and $7.5 Million in Texas and Arizona

Representing a company in recovering on key person insurance coverage after the death of a CFO, Rich led litigation in Texas against American General and AIG Insurance Group, recovering $15 million upon breach of coverage and bad faith claims against the insurance carriers. A year later, Rich recovered $7.5 million from Colonial and Traveler’s insurance upon breach of insurance coverage claims for another client in Phoenix, Arizona Federal Court.

Minority Shareholder Buy-Outs

In the past several years alone, Rich has recovered $63 million, $21 million, $8 million, $15 million, $14 million, $9 million, $4.5 million and $3 million — all for minority shareholders in private companies whose rights had been abused. Rich often handles such cases on a contingent fee bases in order to permit these clients to vindicate their rights despite their adversaries use of company funds to defend themselves.

Schwans v. Schwans

Rich successfully defended the Trustees of the Schwans Foundation in both an $869 million federal court lawsuit and a $600 million federal estate tax case in Washington, D.C.

Senior Executives

Many senior executives who have lost their jobs unfairly have retained Rich, who has recovered between $2 and $10 million multiple times in the past decade for terminated and/or squeezed-out executives.

Many Bank Officers and Directors retain Mr. Ostlund

Following the banking crisis in 2007-2008, many private banks across America and their directors and officers have been sued or threatened with suit by bank regulatory authorities.  Rich, who has represented banks and their boards/officers across the Midwest for 30 years, is currently defending many directors, officers, and their banks. In 2013, Rich successfully resolved the FDIC’s $77 million claim against 23 officers and directors of a major regional failed bank, with no personal payment to the FDIC by any director.

Leading Appellate Decisions

Rich has been lead counsel in multiple appellate cases which have made new law on critical business and corporate governance principles, including: 

Brenny v. The Board of Regents of the University of Minnesota, 813 N.W.2d 417 (Minn. Ct. App. 2012)

Valspar Refinish, Inc. v. Gaylords, Inc., 764 N.W.2d 359 (Minn. 2009)

Powell v. Anderson Corp., 660 N.W.2d 107 (Minn. 2003)

Powell v. Anderson, 660 N.W.2d 107 (Minn. 2003)

Gunderson v. Alliance of Computer Professionals, Inc., 628 N.W.2d 173 (Minn. Ct. App. 2001)

Foy v. Klapmeier, 992 F. 2d 774 (8th Cir. 1999)

Kelley v. Rudd, 1992 WL 3651 (Minn. Ct. App. 1992)

Dolphin v. Johnson, 1990 WL 194991 (Minn. Ct. App. 1990)

Bolander v. Bolander, 703 N.W. 2d 529 (Minn. Ct. App. 2005)

Community Involvement

Director, Fairview Health System, a multi-billion regional hospital system

Director, RTP Company, a privately held multinational plastic compounding business

Trustee, University of Minnesota Foundation

Trustee, Saint John’s University

Chairman, University of Minnesota Children’s Hospital Board

Trustee, University of Minnesota Medical Foundation

Metropolitan area Representative, Minnesota Governor’s Judicial Selection Committee, which screens and recommends individual judicial candidates for appointment by the Governor

Director, American Automobile Association, Minneapolis, MN

Professional Affiliations

Member, Minnesota State Bar Association

Member, Hennepin County Association

Member, Federal Bar Association

Publications

So . . . When Is A Shareholder A Shareholder . . . And When Does It Matter?, Attorney at Law Magazine - Twin Cities Edition, March 2013

Protecting Your Privately Owned Company, Point-of-Law.com, co-authored with Joseph W. Anthony, May 2005

Justice Versus Windfall: When is Value "Fair" Among Private Corporation Shareholders?, Business Law News, March 1998

Speaking Engagements

2017 Business Law Institute - Business Litigation: Fiduciary Duty Disputes, Minnesota CLE, May 2017

Appellate Effective Evidentiary Objections, Hennepin County Bar Association

Lying, Cheating and Stealing - Minnesota Institute of Legal Education Securities Law Seminar on Shareholder Litigation Issues

Investors Rights in the 1990s - Mergers and Acquisitions, Minnesota Institute of Legal Education

Minority Shareholder Disputes - Minnesota Institute of Legal Education

Evidence Developing Strategies for Success, Minnesota Institute of Legal Education

Shareholder Disputes: The Trial Lawyers Perspective, Minnesota Institute of Legal Education

Practical and Ethical Considerations for the Lawyer as Director, Officer, Investor, National Practice Institute Concerning Professional Education Seminar

Records in Corporate Litigation, Minnesota Institute of Legal Education

Valuation Cases from a Lawyers Perspective, Minnesota Institute of Legal Education Securities Law Seminar

Shareholder Disputes and Litigation, Minnesota Institute of Legal Education CLE

Employment Issues in Shareholder Disputes, Minnesota Institute of Legal Education Securities Law Seminar

Preventing, Litigating & Managing Minority Shareholder Disputes, Minnesota Institute of Legal Education Securities Law Seminar

Law Seminar co-chair, Securities Law for Non-Securities Lawyers, Minnesota Institute of Legal Education Securities

The Rules of Engagement - A Players Guide to Lying, Cheating and Stealing Among Shareholders of Closely Held Businesses, Minnesota Institute of Legal Education - Securities Law Seminar

Into the Looking Glass: Litigation Under Chapter 302A, Minnesota State Bar Association Business Law Institute Seminar

Valuing Corporate Stock in Litigation - Minnesota Institute of Legal Education Seminar on Minority Shareholders

Litigating Under Section 302A.751, Minnesota State Bar Association, Business Law Section Seminar

Resolution of Conflict in the Closely Held Corporation, Video Seminar, American Law Institute, Philadelphia, Pennsylvania

Valuation Issues in Shareholder Litigation - Continuing Accounting Education Seminar

Operating a Small Business: Answers to Common Legal Questions, IMPACT

Ownership and Management Planning for the Privately Owned Bank, Minnesota Financial Group

Breaking Up is Hard to Do: Shareholder Transitions and Disputes in Closely Held Corporations, Small Business Expo

Shareholder Litigation, Hamline Law School