Will Stute is a trial lawyer focused on complex financial disputes. He regularly handles matters involving commercial fraud, shareholder derivative and class actions, business torts, merger and acquisition litigation, and securities fraud. Will also represents companies and individuals in SEC and other regulatory investigations and proceedings, as well as white collar criminal matters. He is a frequent speaker on trial practice and complex litigation topics.
Will's representative cases include:
- Lead counsel for Ameriprise Financial, Inc. in emergency litigation against the Reserve Fund after it "broke the buck." Successfully froze redemption requests from investors totaling over $40 billion until the SEC could step in. This victory received "above the fold" press coverage from The New York Times, The Wall Street Journal, and other leading publications.
- Lead counsel for purchaser of Viking Electric Supply, Inc. against sellers in claims for breach of asset purchase agreement. Won multi-million dollar settlement of entire amount of claim after first day of trial.
- Lead counsel in arbitration defending Cargill in claims exceeding $55 million for fraud and breach of contract in connection with sale of brokerage, claims settled after conclusion of arbitration hearing.
- Lead counsel for regional bank defrauded of tens of millions in a ponzi scheme involving the fraudulent over-participation of commercial real estate development loans to numerous banks, exceeding $220 million. Elected to litigation steering committee and won determination that a pro rata distribution plan is warranted.
- Counsel defending claims of securities fraud by shareholders of agricultural co-op, claims settled favorably after 4 years of litigation.
- Counsel for financial advisor and broker-dealer in connection with claim exceeding $20 million for securities fraud in connection with the sale of collateralized mortgage obligations (CMOs) to corporate charitable foundation, settled on eve of arbitration.
- Won multiple arbitrations around the country as lead counsel for Ameriprise Financial, Inc.
- Counsel for national bank defrauded in the Westridge Financial ponzi scheme. Advised bank in investigation by Department of Labor in connection with decision to invest employee retirement plan funds with Westridge and in contested SEC receivership in proceeding veneued in the Southern District of New York.
- Counsel in defense of publicly held company and several of its officers and directors in an investigation by the SEC. Won rare determination from the SEC that no violations occurred and declaration from the commission that no further investigation was necessary.
- Won pre-discovery dismissal of multiple class actions alleging that directors and officer of various publicly held companies breached their fiduciary duties to shareholders in connection with mergers and acquisitions.
- Recovered tens of millions of dollars for investors defrauded by financial advisors and other professionals in various litigated matters.
Will is active in community affairs, including the local and national African-American business and legal communities. He has worked to increase diversity in the legal profession and is the President of Twin Cities Diversity in Practice, a consortium of leading law firms and corporate legal departments seeking to increase diversity within the legal community. He also serves on the United States District Court, District of Minnesota Federal Practice Committee.