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Contact Information

randall.kahnke​@FaegreBD.com

2200 Wells Fargo Center
90 S. Seventh Street

Minneapolis, Minnesota 55402

D: +1 612 766 7658
F: +1 612 766 1600

Education

University of Minnesota Law School
J.D., cum laude, Law Review (note and comment editor) (1989)
University of St. Thomas
B.A., summa cum laude (1986)

Bar Admissions

Minnesota

Court Admissions

U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the District of Minnesota

Randall E. Kahnke

Partner

Randy Kahnke focuses his practice on complex commercial litigation and intellectual property litigation. He has been the lead trial attorney on cases from New York to California and touching three continents. Randy has extensive consulting, pretrial and trial experience with complex commercial and intellectual property disputes, and he has served as group head of the firm's business litigation practice.

Randy was recognized for his trial victories as a 2012 Minnesota Attorney of the Year. He is the co-editor and contributing author of the acclaimed book, The Secrets to Winning Trade Secret Cases, Thomson West (2009, 2012 and 2016). He has served on the Federal Practice Committee of the United States District Court for the District of Minnesota and as President of the Minnesota Chapter of the Federal Bar Association. Randy is a former federal law clerk, is a Fellow of the Litigation Counsel of American, and he has been recognized as a leading litigator in Chambers USA, Super Lawyers and Best Lawyers in America.

Representative Clients: ADC Telecommunications, Allianz, Boston Scientific Corporation, Cargill, CarVal, FICO, General Mills, Honeywell, HTI, IBM, Target, United Health Group and Wells Fargo.

Representative Relevant Experience

  • Winning a federal jury verdict in favor of a leading medical products manufacturer on trade secret claims
  • Obtaining complete defense verdict in federal trial centering on conspiracy claims
  • Winning dismissal in the Southern District of New York of a complaint seeking in excess of $100 million arising out of an alleged international hedge fund trade
  • Winning dismissal of a complaint in the Central District of California and prevailing on a subsequent appeal in the Ninth Circuit in a case alleging theft by a Chinese corporation of British trade secrets valued at over $100 million
  • Winning complete defense and attorneys' fees award on behalf of Fortune 500 company after week-long arbitration hearing involving $20 million breach of contract claims
  • Multi-week trial before Delaware Chancery Court involving multimillion-dollar breach of contract and trade secrets claims (decision pending)
  • Winning complete summary judgment on behalf of a one of the country's leading financial analytics companies in a case involving claims in excess of $25 million
  • Executing key trial testimony role in six-year, billion-dollar pharmaceutical trade secret dispute resulting in a permanent injunction. (The litigation was featured on page one of the National Law Journal)
  • Obtaining a preliminary injunction on behalf of a leading computer hardware manufacturer on claims of trade secret misappropriation and breach of non-compete agreements
  • Winning the reversal of a temporary restraining order and successfully defending against a motion for preliminary injunction on behalf of one of the nation's leading electronic information providers
  • Securing dismissal of all breach of fiduciary duty and breach of contract claims in Delaware Chancery Court on behalf of all members of a board of directors and their company
  • Forcing the withdrawal of a motion for preliminary injunction and all claims alleging trade secret misappropriation and breach of a non-compete on behalf of a major food manufacturer
  • Successfully representing a major corporate expense reimbursement firm in an action against a former employee and his new competing company
  • Negotiating the safe return to an archeological firm of protected artifacts, company property, and trade secrets that had been taken by former employees of the firm who had started a competing venture
  • Successfully representing an engineering firm in an action against several former employees and their new competing company, which was formed in part with the assistance of the engineering firm's trade secrets
  • Successfully representing a leading manufacturer of ink jet printers in an action against a competitor; the case includes claims of trade secret misappropriation, trademark and patent infringement, and false advertising
  • Successfully defending a local hospital against a formerly affiliated doctor who claimed that the hospital had misappropriated a now-patented trade secret treatment protocol
  • Negotiating and monitoring the successful transition of a national computer hardware manufacturer's employee from lead in-house engineer, to independent consultant and ultimately to legitimate competitor

Honors

  • Minnesota Lawyer — Attorney of the Year, 2012
  • The Best Lawyers in America — Commercial Litigation, 2015-17, Intellectual Property Litigation, 2017
  • Chambers USA: America's Leading Lawyers for Business — General Commercial Litigation and Intellectual Property Litigation
  • Minnesota Super Lawyers — Business Litigation, 2003-16
  • Minnesota Law & Politics — Top 40 IP Attorneys in Minnesota
  • Delta Epsilon Sigma National Honor Society
  • Omicron Delta Epsilon National Economics Honor Society
  • Pi Gamma Mu National Social Science Honor Society
  • John C. Benson Pro Bono Award

Professional Associations

  • Federal Bar Association, Minnesota Chapter — Past President and Director
  • Intellectual Property Owners Association — Trade Secrets Committee

Clerkships

  • U.S. District Court, District of Minnesota, Hon. David S. Doty, 1989-1991

Presentations

Randy has spoken dozens of times, locally and nationally, on topics involving complex commercial litigation and intellectual property litigation. A sampling includes:

  • The New Federal Defend Trade Secrets Act: What Employers Need to Know and Recent Developments
    Upper Midwest Employment Law Institute
  • University of Minnesota Law School (Complex Litigation)
    Invited Lecturer
  • University of St. Thomas Law School (The Art of Cross Examination)
    Invited Lecturer
  • Managing Cases to Win
    New York Counsel-To-Counsel Summit
  • Winning Litigation
    AIPLA Annual Meeting, Washington, D.C.
  • The Keys to Successful Litigation
    IPO National Meeting, Chicago
  • Stop Them Now! Guidelines for Litigating at the Speed of Light
    Complex Litigation Seminar, Minneapolis
  • Winning Trade Secret Cases
    West National Speaker Series
  • This Year's Critical Trade Secret Developments
    Midwest IP Institute
  • Keeping Your Trade Secret Treasure Chest Locked
    Food, Agriculture & Biofuels 2010 National Conference
  • Protecting Confidential Business Information
    PricewaterhouseCoopers General Counsel Forum
  • Enforcing Trade Secret Rights and Defending Against Trade Secret Claims
    Law Seminars International
  • The Interface Between Trade Secret, Patent and Employment Law
    Med Edge International Conference
  • Preparing, Defending and Attacking Cleanrooms
    Midwest Intellectual Property Institute
  • Trade Secrets From a Business View
    Minnesota Continuing Legal Education
  • Unfair Competition: Critical Issues in Trade Secret Litigation
    Minnesota Institute of Legal Education
  • Introduction to Intellectual Property Litigation
    Minnesota Continuing Legal Education
  • Protecting Trade Secrets During Employee Transition
    Annual Upper Midwest Employment Law Institute
  • A Guided Tour of Trade Secret Law
    Minnesota Institute of Legal Education
  • Protecting Trade Secrets in the Information Age
    Intellectual Property Seminar
  • Basic Training for Intellectual Property Litigation
    Minnesota Continuing Legal Education
  • Minority Shareholder Disputes
    Minnesota Institute of Legal Education
  • Noncompetes and Trade Secrets: Employment Law Week
    Minnesota Continuing Legal Education
  • Antitrust Concerns of Covenants to Not Compete
    Annual Business Competition Law Seminar
  • Managing and Taking Corporate Discovery
    Minnesota Continuing Legal Education
  • Minority Shareholder Disputes: Managing Litigation
    Minnesota Institute of Legal Education
  • Evidence Preservation: Business and the Law
    Annual Securities Litigation Seminar
  • Trade Secrets: Your Business and the Law
    FaegreBD Seminar
  • Nuts & Bolts of Intellectual Property Law
    Intellectual Property Seminar
  • Recent Developments in the Law of Trade Secrets
    Intellectual Property Seminar
  • Litigating Trade Secret Cases
    Intellectual Property Seminar
  • Trade Secrets Updates
    FaegreBD Seminar
  • Executives Who Are Also Minority Shareholders: Rights, Obligations and Related Trade Secret Issues
    Minnesota Continuing Legal Education
  • Resolving Partnership Disputes
    Minnesota Institute of Legal Education
  • Managing LLC Litigation
    Minnesota Institute of Legal Education
  • Resolving Disputes Involving Non-Profit Corporations
    Minnesota Institute of Legal Education
  • Employees Carrying Secrets — What's an Employer to Do? A Tour de Force Examination of Strategies to Protect Your Confidential Business Information
    Minnesota Continuing Legal Education
  • Defection of a Key Executive to the Competition — What to Do and When?
    Minnesota Continuing Legal Education
  • Calculating Damages in Misappropriation of Trade Secrets Matters
    The Knowledge Group

Published Articles

  • The Secrets to Winning Trade Secret Cases
    Co-editor and contributing author, Thomson West, 2009, 2012 & 2016
  • The Intangible Advantage: Understanding Intellectual Property in the New Economy
    Co-author with David Kline, Kerry Bundy, Robert Krupka, David Kappos, Paul Michel, Phillip Kim, Mayra Lombera, Marisa Moosekian and Gary Michelson, Michelson 20MM Foundation, 2016
  • Key Trade Secret Developments Of 2016: Part 2
    Co-author, Law360, January 2017
  • Key Trade Secrets Developments of 2016: Part 1
    Co-author, Law360, December 2016
  • How the Defend Trade Secrets Act Will Help Minnesota Businesses
    Co-author, Star Tribune, May 2, 2016
  • 10 Key Trade Secret Developments of 2015: Part 2
    Co-author, Law360, Jan. 15, 2016
  • 10 Key Trade Secret Developments of 2015: Part 1
    Co-author, Law360, Dec. 16, 2015
  • 10 Considerations When Your Departing Employee Is A Lawyer
    Co-author, Law360, April 13, 2015
  • Top 10 Trade Secrets Developments of 2014: Part 2
    Co-author, Law360, January 21, 2015
  • Top 10 Trade Secrets Developments of 2014: Part 1
    Co-author, Law360, December 16, 2014
  • Trade Secrets Need Federal Protection
    Co-author, Star Tribune, December 16, 2014
  • Senate Highlights Key Parts of Trade Secrets Legislation
    Co-author, Law360, May 29, 2014
  • Top 10 Trade Secret Development of 2013: Part 2
    Co-author, Law360, Jan. 23, 2014
  • Top 10 Trade Secret Developments of 2013: Part 1
    Co-author, Law360, December 19, 2013
  • U.S. Goes on Offensive Against Economic Espionage
    Co-author, Minneapolis Star Tribune Business Forum, March 11, 2013
  • Inevitable Disclosure
    Intellectual Property Law Journal, Vol. 17
  • Successful Mediation of International Disputes
    Expatriate Adviser Quarterly
  • Can You Keep a Trade Secret?
    Minnesota Technology Quarterly
  • Confidential Trade Secret — Click Here to Download
    Trends
  • Risky Business: Can U.S. Companies Spy on Counterfeiters Abroad?
    Trends
  • Protecting Your Intellectual Property Rights Through Litigation: A Guide for Emerging Companies
    Trends
  • How to Avoid Getting Sued: The Real Key to Avoiding Litigation is Assuming You'll Wind up in Court
    Ventures
  • Complex Litigation: Don't Check Your Common Sense at the Courthouse Door
    Trends
  • Federal Court Fast Lane — The Federal Expedited Trials Program
    Minneapolis Star Tribune Business Forum
  • See You in Court: Litigation Can Be a Valuable Business Tool — If You Plan Ahead
    Ventures
  • It's 2:00 A.M., Do You Know Where Your E-Mail Is?
    Trends
  • I'll See You in Court: Preparing for Complex Litigation
    Trends
  • It's Time for a Reality Check on Document Retention
    Trends

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