Richard Duncan has practiced at Faegre Baker Daniels since 1988 and has been a litigation partner since 1996. His practice focuses on antitrust law, environmental law, commercial litigation and federal Indian law. He is past-chair of the Antitrust Section of the Minnesota State Bar Association, and he has been an adjunct professor of law at the University of Minnesota Law School.

Some of the cases Rick has been involved in include:

Antitrust and Trade Regulation

• BoDeans Cone Co. L.L.C., et al. v. Norse Dairy Systems, et al., WL 5258135 (N.D. Iowa). Represented new entrant in novelty cone and ice cream sandwich wafer markets against incumbent supplier, alleging monopolization through exclusive dealing and tying of cones and wafers to placement of filling equipment. Case settled shortly before trial. (2009)
• Mid-America Real Estate Co. v. Iowa Realty Co., Inc., 406 F.3d 969, reversing in part 2004 WL 1280895 (S.D. Iowa 2004), U.S. Court of Appeals, 8th Circuit. Defended real estate brokerage exclusive listing program against claims of monopolization and breach of contract. Appeals court vacated preliminary injunction issued by district court. (2005) 
• Guidant Corp. acquisition of Cook Group Inc. Obtained FTC clearance under Hart-Scott-Rodino Act of $2.7 billion medical device manufacturers' merger. (2002) 
• Bemis Company, Inc. sale of MACtac subsidiary. Took $420 million sale of pressure sensitive labeling subsidiary through Hart-Scott-Rodino second request proceeding. (2002-03) 
• Minnesota Ass'n of Nurse Anesthetists, et al. v. Unity Hospital, et al., 59 F.3d 80 and 208 F.3d 655, U.S. Court of Appeals, 8th Circuit. Represent defendant hospitals in litigation challenging hospital reorganizations of anesthesia departments from challenge under Sherman Act §§ 1 and 2. (1999) 
• Red Wing Shoe Co., Inc. v. Shearer's, Inc., 769 S.W.2d 339, Texas Court of Civil Appeals. Successful defense of Red Wing's dealer termination policies against challenge under Texas "Little Sherman Act"; case aligned Texas law on vertical restraints with federal antitrust law. (1989) 
• Counseled clients including Hormel, American Express, Red Wing Shoe Company, Inc., Novartis (now Syngenta) Co., ADM, and Target Corp. in connection with antitrust questions under state and federal law involving a variety of topic areas such as mergers and acquisitions, distribution systems, joint ventures, government agency investigations, trade association activities, pricing policies, intellectual property issues, co-op advertising and joint sales programs.

Business Litigation

• Monsanto Co. v. Pioneer Hi-Bred Int'l. Inc.; Pioneer Hi-Bred Int'l. v. Monsanto Co., U.S. District Court, Eastern District of Missouri. Intellectual property litigation over license agreements for genetically altered agricultural crop seeds. (2000) 
• Peterson v. BASF, 618 N.W. 2d 821, Minnesota Court of Appeals. Defended consumer class action alleging price discrimination in sales of agricultural chemicals. (2000) 
• Surdyk's Liquor, Inc. v. MGM Liquor Stores, Inc., 83 F.Supp.2d 1016, U.S. District Court, Minnesota. Lanham Act litigation over deceptive practices in wine advertising. (2000) 
• Travelers Express Co. v. American Express Integrated Payment Systems, U.S. District Court, Minnesota. Patent litigation over automated financial services devices. (1999)

Indian Law

• Shakopee Mdewakanton Sioux Gaming Enterprise v. Prescott, 779 N.W.2d 320 (Minn. Ct. App. 2010), Represented a tribal gaming enterprise in obtaining state court recognition of a $1 million-plus tribal court judgment.
• Wolfchild v. United States, 559 F.3d 1228 (Fed. Cir. 2009), U.S. Court of Appeals, Federal Circuit. Represented two Minnesota Mdewakanton Tribes in defense of trust claim by 20,000 persons claiming Indian descent to share in proceeds of tribal gaming enterprises.
• Shakopee Mdewakanton Sioux (Dakota) Community v. Babbitt, 906 F.Supp. 513 (affirmed 1997 WL 80366, 8th Cir. 1997), U.S. District Court, Minnesota. Litigation over an Indian Tribe's amendment of its Tribal Constitution under the 1988 amendments to the Indian Reorganization Act. (1995) 
• Smith v. Babbitt, 875 F.Supp. 1353 (affirmed 100 F.3d 556, 8th Cir., 1996), U.S. District Court, Minnesota. Litigation over tribal sovereign immunity in a suit by tribal members and persons claiming to be tribal members against a tribal government and the federal government alleging violations of the Indian Gaming Regulatory Act. (1995)
• Stockbridge-Munsee Community Band of Mohican Indians v. Miller, 877 F.Supp. 641 and 869 F.Supp. 1401, U.S. District Court, Eastern District of Wisconsin. Litigation under the Indian Gaming Regulatory Act returning to the control of a tribal government a tribal casino which had been seized by a dissident group of tribal members. (1994) 

Environmental Litigation

• Exxon Shipping Co. v. Baker, 128 S.Ct. 2605, U.S. Supreme Court. Represented Alaskan commercial fishermen in litigation surrounding the Exxon Valdez oil spill. (1989-2008) 
• Friends of the Boundary Waters Wilderness v. Dombeck, 164 F.3d 1115, U.S. Court of Appeals, 8th Circuit. Represented a coalition of wilderness groups in two lawsuits arising out of the Forest Service's Boundary Waters Canoe Area Wilderness Management Plan. (1999) 
• Sierra Club North Star Chapter v. Peña, 1 F.Supp. 2d 971 U.S. District Court, Minnesota. Blocked construction of proposed new multi-lane highway bridge over the St. Croix River near Stillwater, Minnesota, under the federal Wild and Scenic Rivers Act. (1998) 
• In re: Spent Fuel Storage Installation, 501 N.W.2d 638, Minnesota Court of Appeals. Represented the Prairie Island Indian Community in opposing utility's plan to store high level radioactive waste outdoors, above-ground, adjacent to the Prairie Island reservation. (1993) 
• Lujan v. Defenders of Wildlife, 504 U.S. 555, U.S. Supreme Court. Litigation over environmental standing and the applicability of the Endangered Species Act to federal agency actions overseas. (1992) 
• Defenders of Wildlife v. Administrator, E.P.A., 882 F.2d 1294, U.S. Court of Appeals, 8th Circuit. Litigation enjoining the use of strychnine as an above-ground pesticide because of deaths to nontarget animals and birds protected under the Endangered Species Act. (1989)

Pro Bono

• Defenders of Wildlife
• Friends of the Boundary Waters Wilderness
• Humane Society of the United States
• Sierra Club
• Wilderness Society
• American Rivers

Honors

• Minneapolis Best Lawyers Native American Lawyer of the Year, 2011
• The Best Lawyers in America, Antitrust Law, Environmental Law, Timber Law, Native American Law, 1995-2012
• Who's Who in American Law
• Martindale-Hubbell AV rated
• Super Lawyers, Antitrust Litigation, 2007–11
• Sierra Club William O. Douglas Award, 2007
• John C. Benson Pro Bono Award, 2008

Professional Associations

• American Bar Association
• Minnesota American Indian Bar Association
• Minnesota State Bar Association

Presentations

• Antitrust: The Rising Tide of Market Regulation in the Food and Agriculture Industries
  Food, Agriculture & Biofuels 2010 National Conference, Minneapolis (2010)

Legal Updates

• Litigating Single-Firm Conduct Under the Sherman Act and the EU Treaty: Divergence Without End, or Change We Can Believe In?
  Global Competition Litigation Review (2009)
• Reducing the Risks of Antitrust Liability in National Account Pricing Programs
  American Bar Association Franchise Law Journal (2005)
• Ecosystem Restoration: The New New Thing
  87 Minn. L. Rev. 1197 (2003)
• Protecting the Boundary Waters Canoe Area Wilderness: Litigation and Legislation
  76 Denver U. L. Rev. 621 (1999)