Kerry L. Bundy

Partner

kerry.bundy@FaegreBD.com
Direct: +1 612 766 8217
Minneapolis Office
2200 Wells Fargo Center
90 S. Seventh Street

Minneapolis, Minnesota 55402-3901

Contact Information


kerry.bundy@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901
T: +1 612 766 8217
F: +1 612 766 1600

Education

Northwestern University School of Law
J.D., Dean's List, Journal of International Law and Business (editor in chief)
Colorado State University
B.A., magna cum laude, Phi Beta Kappa

Bar Admissions

Colorado Minnesota

Court Admissions

U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the First Circuit U.S. District Court for the District of Colorado U.S. District Court for the District of Minnesota U.S. District Court for the Northern District of Illinois

Kerry L. Bundy

Partner

Kerry Bundy is a partner in Faegre Baker Daniels' litigation & advocacy group. She concentrates her practice on trade secret litigation and counseling, franchise and distribution litigation, non-compete cases, international arbitration, and complex commercial litigation. She has represented manufacturers, franchisors, distributors, technology companies, and a variety of other domestic and foreign businesses in state and federal proceedings, as well as national and international arbitrations. She is qualified and has served as a mediation neutral. Kerry is co-leader of the firm's trade secret practice and is the co-editor and contributing author of the acclaimed book The Secrets to Winning Trade Secret Cases, Thomson West (2009).

Kerry is a member of the Governing Committee of the American Bar Association Forum on Franchising. She is a frequent speaker at national franchise conferences and trade secret seminars.

Representative cases include:

  • Won complete defense verdict in mult-million dollar breach of contract and unfair competition case for multinational manufacturer in CIETAC arbitration venued in Beijing, China (2011)
  • Lead national trial counsel for multiple class actions for Jani-King, a commercial cleaning franchisor.  In Moua v. Jani-King International et al (D. Minn), won dismissal of consumer fraud claims, defeated class certification, and obtained summary judgment on remaining Minnesota Franchise Act, Minnesota False Statement of Advertising Act, and common law claims.  In Juarez v. Jani-King International et al (N.D. Cal.), defeated class certification
  • Secured non-compete, non-solicit and non-disclosure injunction for franchisor in BrightStar Franchising, LLC v. JMJS Enterprises, Inc., et al. (D. Ill. 2009)
  • Won preliminary injunction allowing franchisor to seize control of restaurant operations in Johnny Rockets Licensing Corporation v. Burlington Rockets (D. Mass. 2009)
  • Won dismissal for lack of standing in multistate franchise association matter in Michigan Dairy Queen Operators' Association v. International Dairy Queen, Inc. (W.D. Mich. 2008)
  • Granted preliminary injunction in trade secret and non-compete case for medtech company in ELA Medical, Inc. v. Arrhythmia Management Associates, Inc. (D. Minn. 2007)
  • Won complete defense verdict after seven-day jury trial in franchise fraud and breach of contract dispute in Berglund v. RE/MAX (Minn.Dist.Ct. 2007)
  • Successfully defended hotel franchisor against $40 million damages claim in ICC arbitration in Xenium S.A. De C.V. v. Regent Hotels Worldwide, Inc. (N.D. Tex. 2007)
  • Won preliminary injunction and subsequent damages award for U.K. distributor in breach of contract action in ICDR arbitration (2005)
  • Won dismissal of complaint and prevailed on appeal in case alleging theft by a Chinese corporation of British trade secrets valued at over $100 million, BP Chemicals v. Yankuang Group (C.D. Ca. 2004)
  • Won motion to dismiss and prevailed on appeal in case involving fraud and negligent misrepresentation claims, Syverson v. FirePond (8th Cir. 2004)
  • Defeated injunction motion in misappropriation and violation of inevitable disclosure doctrine matter for disk drive manufacturer, Seagate Technology v. Western Digital (2004)
  • Successfully represented U.S. manufacturing client in CIETEC arbitration, Shanghai (2003)

Pro Bono

  • Hurricane Katrina evacuees national report (published by Appleseed), co-lead attorney
  • Faegre Baker Daniels order for protection team, team leader

Honors

  • Forty Under 40, Minneapolis / St. Paul Business Journal
  • Chambers USA: America's Leading Lawyers for Business, Franchising, 2009–11
  • The Best Lawyers in America, Franchise Law, 2008–12
  • Franchise Legal Eagle, Franchise Times, 2008–11
  • Minnesota Rising Stars, Franchise/Dealership, 2008, 11
  • Up & Coming Attorney, Minnesota Lawyer, 2001

Professional Associations

  • World Law Group, Co-chair of the  Litigation, Arbitration & Dispute Resolution Practice Group (2011-13)
  • Awarded Certified Franchise Executive (CFE) designation by the International Franchise Association (2010)
  • Intellectual Property Owner's Association Trade Secrets committee member (2009)
  • American Bar Association Forum on Franchising, Governing Committee at-large member (2008-11)
  • American Bar Association Forum on Franchising, Director of the Litigation and Dispute Resolution Division (2005-07)
  • American Bar Association Forum on Franchising, Young Lawyers Division Representative on the Governing Committee (2001-03)
  • Hennepin County Bar Association, Civil Litigation Section co-chair Awarded certified franchise executive (CFE) designation by the International Franchise Association

Civic Activities

  • Courage Alpine Skiers Board of Directors

Presentations

  • The Corporate Litigation Toolkit
    Minnesota State Bar Association CLE (2011)
  • Strategic and Tactical Decision-Making: What Do Your Peers Think of Your Decisions?
    ABA 33rd Annual Forum on Franchising (2010)
  • Keeping Your Trade Secret Treasure Chest Locked
    Food, Agriculture & Biofuels 2010 National Conference, Minneapolis (2010)
  • Effective Opening Statements and Closing Remarks
    American Bar Association Forum on Franchising CLE
  • Procedural Considerations for Filing a Franchise Complaint: Jurisdiction, Venue and Choice of Law
    American Bar Association Forum on Franchising CLE
  • System-Wide Change: Rising to the Challenge
    American Bar Association Forum on Franchising CLE
  • The Secrets to Winning Trade Secret Cases
    Minnesota State Bar Association CLE
  • The Essentials of Franchising: Intellectual Property
    American Bar Association Forum on Franchising CLE
  • In the Wake of HP: Corporate Investigations and Boardroom Behavior
    DuPont Women's Legal Conference (2007)
  • Legal Issues Arising from Dealer and Distributor Relationships
    ABA Forum (2006)
  • The Basics of Trade Secret Law
    Minneapolis (2005)
  • Protecting Confidential Business Information: A Guided Tour Through Trade Secret Law
    Minneapolis (2005)
  • Litigation Intensive Program: Technology and the Litigator
    ABA Forum (2005)
  • Litigation Intensive Program: Effective Opening Statements and Closing Arguments
    ABA Forum (2004)
  • Procedural Considerations for Filing a Franchise Complaint
    ABA Forum (2004)
  • The Secret to Winning Trade Secret Cases
    Minneapolis (2003)
  • System-Wide Change
    ABA Forum (2002)
  • The Fundamentals of Franchising: Intellectual Property
    ABA Annual Convention (2002)

Legal Updates

  • How Waiver, Modification, and Estoppel May Alter Franchise Relationships
    Franchise Law Journal (Summer 2010)
  • Co-author, Franchise Section, Minnesota Business Torts Deskbook
    Minnesota CLE (2008)
  • Co-author, Minnesota Section, Business Torts: A Fifty-State Guide
    Aspen Publishers (2008)
  • You Made Me Do It: Reliance in Franchise Fraud Cases
    26 Franchise Law Journal 4 (Spring 2007)
  • Inevitable Disclosure, Dealing with Trade Secret Issues When Hiring a New Employee
    IP Law & Business (2007)
  • Gather Intelligence, But Play it Straight
    Minneapolis Star Tribune Business Forum (2006)
  • Critical Developments in Trade Secret Law, Chapter of The IP Book
    Midwest Intellectual Property Institute (2002-07)

Related Practices

Antitrust & Trade Regulation
Antitrust Litigation
Arbitration & Mediation
Business & Corporate Services
Class Actions
Cross-Border & International Transactions
Distribution & Dealer Litigation
Intellectual Property Litigation
International Arbitration
Labor, Employment & Benefits
Litigation & Advocacy
Regulatory
Trade Secrets Litigation

Related Industries

Food & Agriculture
Franchising & Distribution
Health Care
Life Sciences
Manufacturing & Industrials
New Energy, Clean Technology & Climate

Media Mentions

01-December-2010 - Bundy and Kahnke Co-Author Article on Trade Secrets Protection
06-August-2010 - Bundy Discusses Trade Secret Disclosure
28-April-2010 - The Secrets to Winning Trade Secrets Receives Glowing Review From Popular Blog
29-March-2010 - Patent Baristas Blog: Kahnke and Bundy Write 'Definitive' Trade Secrets Litigation Book
01-October-2009 - The Franchise Times Covers Annual Faegre Franchise Summit

Education

Northwestern University School of Law
J.D., Dean's List, Journal of International Law and Business (editor in chief)
Colorado State University
B.A., magna cum laude, Phi Beta Kappa

Legal Updates

08-November-2011 - Should U.S. Trade Secret Laws Extend To Foreign Countries?
08-February-2011 - The Battle Over Bakery Trade Secrets and the Keys to Winning Trade Secret Cases
25-October-2010 - What You Can Learn From the Muffin Man: Fresh Lessons Regarding Trade Secret Injunctions
02-August-2010 - Kerry Bundy Explains How Waiver, Modification, and Estoppel May Alter Franchise Relationships
15-September-2008 - Consistently Inconsistent: How Courts Assess the Inevitable Disclosure Doctrine
01-March-2008 - Minnesota Business Torts Deskbook
04-January-2008 - Minnesota Chapter of Business Torts: A Fifty-State Guide (2008)

News

06-September-2011 - Ninety Faegre & Benson Lawyers Listed in The Best Lawyers in America
10-June-2011 - Faegre & Benson Practices Ranked Nationally in 2011 Chambers USA
26-April-2011 - New Edition Now Available of Acclaimed Trade Secrets Litigation Guide by Faegre & Benson Lawyers
30-March-2011 - Six Faegre & Benson Lawyers Named "Legal Eagles" by Franchise Times Magazine
20-October-2010 - Kerry Bundy and Bill Killion Contribute Chapter to Franchise Litigation Handbook
09-August-2010 - Ninety-Three Faegre & Benson Lawyers Listed in The Best Lawyers in America
29-June-2010 - Chambers Recognizes Faegre & Benson as a Global, National Leader in Franchising
30-March-2010 - Kerry Bundy Named a 40 Under Forty Honoree
03-March-2010 - Faegre & Benson Reveals Secrets to Winning Trade Secret Cases
22-February-2010 - Bundy and Kahnke Share Secrets to Winning Trade Secret Cases
31-July-2009 - 96 Faegre & Benson Lawyers Listed in The Best Lawyers in America
12-June-2009 - Faegre & Benson Receives Top Chambers Rankings, National Franchise Practice Moves Up
01-October-2008 - The Best Lawyers in America 2009 Includes 90 from Faegre & Benson
31-March-2008 - The Best Lawyers in America 2008 Includes 79 from Faegre & Benson

Bar Admissions

Colorado
Minnesota

Court Admissions

U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the First Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the District of Minnesota
U.S. District Court for the Northern District of Illinois

Events

17-May-2007 - Faegre Franchise Summit

Representative Matters

Defending Jani-King International in Multiple Franchise Class Actions
Defense of U.S. Equipment Manufacturer - China
Defense of U.S. Hotel Operations Company - Mexico/Texas
Won Dismissal of Multistate Franchise Matter

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