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225 South Sixth Street | Minneapolis, MN 55402
Main:(612) 604-6400 | Fax:(612) 604-6800 |  A Professional Association


Understands the client's business

Client focused

Courtroom prowess

Helps advise on business issues


In the last six seconds of the game, I want the ball in Dave's hands because he understands what it takes to get where we need to be when the buzzer sounds.
—Mike Bisceglia
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David A. Davenport

p (612) 604-6716   f (612) 604-6816 
The University of Tulsa College of Law, J.D., with honors, 1998
College of Charleston, B.S., Psychology; B.A., Political Science, with honors, 1992
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David Davenport is a trial attorney with a wide range of knowledge and experience who provides accurate, clear, practical and timely advice to all of his clients.  David’s clients seek out his counsel and advice on a variety of issues they face in running their businesses and they find him to be an effective and creative problem solver. He is a fierce litigator who fights to get his clients the outcomes they deserve and seek, and he actively explores potential solutions and strategies with clients before litigation begins. He also works to minimize the number of legal issues his clients must deal with, so they can focus on their businesses.

David focuses his practice on tax credit based housing, largely representing developers and partners in disputes involving business partnerships in the low income tax credit industry, and he has expertise in litigating partnership exit disputes in the affordable housing industry. He frequently advises clients on their options and rights available to them to possibly avoid litigation, but with the increasing number of “exit issues” and “year 15” problems facing the industry a significant part of David’s practice involves litigation in this complex area. His litigation experience also includes construction litigation, software disputes and intellectual property matters, as well as non-competition agreements and theft of trade secret matters.  Because of his experience in dealing with complicated partnership structures and business disputes in the tax credit industry, David also regularly represents business owners in partnership disputes and vendor based contract disputes.

David has experience representing clients in a variety of industries, including real estate and construction, finance, numismatics, emerging technologies, manufacturing, and probate, among others. He is known and appreciated by his clients for his common sense and practical approach to complicated legal matters. David’s clients commend him for being a problem solver who is easy to work with yet simultaneously tough and aggressive on their behalf.

He is a member of a number of law and industry associations, including the National Housing & Rehabilitation Association, the National Council of State Housing Agencies, Affordable Housing Finance, and the American and Minnesota State Bar Associations, and he has been recognized by the legal community through a handful of awards. Most recently, Benchmark Litigation named him a “Local Litigation Star” in 2016, he has been named a “Super Lawyer” by Minnesota Super Lawyers in 2016, and in 2013, David was named “Attorney of the Year” by Minnesota Lawyer.

Prior to joining Winthrop & Weinstine, David was a judicial law clerk for the Honorable Renee L. Worke of the Waseca County District Court, located in southern Minnesota. David lives in Minneapolis with his wife and four children.  He enjoys snowboarding, hunting, biking and other outdoor activities with his family, friends and clients, and he volunteers in his children’s schools.  David is a member of Winthrop & Weinstine’s Compensation Committee, Associate Development Committee, and Associate Review Committee, and he previously served as the chairman of the firm’s Associate Development Committee and Summer Associate Program.

Bar Admissions
Minnesota, 1998
U.S. District Court for the District of Minnesota
U.S. Court of Appeals for the Eighth Circuit

Representative Matters

Real Estate
  • Representation of Cottages of Stewartville and Stewartville Development Corporation, a local partnership and affordable housing developer, in a complicated “year 15 exit dispute” involving an affordable housing project.  The dispute arose after the investor limited partner fully exhausted the tax credits available to the partnership and sought to exit the partnership with a forced sale of the project by unreasonably withholding consent to refinance project debt.  David successfully obtained an injunction and court order that allowed his clients to refinance the project debt without the investor limited partner’s consent and prohibited the investor limited partner from involuntarily removing his client from the partnership.
  • Representation of CommonBond Communities, a long-standing non-profit affordable housing developer in Minnesota who was looking to exercise a right of first refusal to purchase its partner’s interest in an affordable housing project for seniors at a fixed and discounted price, based on the project’s existing debt and taxes owed. CommonBond’s partner in the development project sought instead to require CommonBond to pay market value for the property, thus putting the future of the senior-based affordable housing project in jeopardy by making it too expensive to continue to operate. David demonstrated to the court that the original contract, drafted twenty years prior, had a mutual mistake in it, which lead to the court’s ultimate decision to reform the contract to allow CommonBond to buy the property at the lower cost and continue to operate the senior home.
  • Representation of a large residential and commercial real estate developer in a matter involving allegations of fraud, in which David successfully secured a $6.5 million settlement on behalf of his client.

Shareholder Disputes
  • Representation of a partner in a real estate holding company with a variety of holdings and related interests in which David worked for and obtained, for his client, the appointment of a receiver to take control of and operate the holding company in a manner consistent with the best interests of the partnership rather than in the best interests of the managing partner adverse to David’s client.  
  • Representation of an American natural gas distribution company based in China in a high-profile litigation matter involving natural gas extraction technology, a process referred to as “coal gasification” or “clean coal technology.” In a result worth more than $100 million dollars, David was able to secure the transaction for his client and replace the management and board of directors for the opposing company.

Intellectual Property & Trade Secrets  
  • Representation of Candyland, Inc., in three separate trademark infringement matters relating to its CHICAGO MIX popcorn, a unique blend of traditional, caramel, and cheese flavored popcorns. All three lawsuits were resolved very favorably for Candyland, including resulting in a permanent injunction barring further use of Candyland’s trademarks by Snyder’s-Lance Inc., CaramelCrisp, LLC (also known as Garrett Popcorn Shops) and Cornfields, Inc., which makes G.H. Cretors popcorn for retailers such as Costco, Whole Foods and Hy-Vee.  The cases received wide-attention by local news outlines, including a syndicated story by CBS News Minneapolis and another story by Fox9 News.
  • Representation of MJ Solutions GmbH, a patent owner who had licensed its patents to Arkwright Advanced Coatings, Inc., in an arbitration commenced by Arkwright seeking a judicial declaration that it was no longer required to make royalty payments under the license agreement and had been justified in its prior withholding of payments to MJ Solutions.  After a week-long arbitration hearing, David successfully demonstrated that Arkwright was in breach of the license agreement and MJ Solutions was permitted to terminate the license agreement.  The arbitrator agreed with David’s client’s case, rejected the relief Arkwright sought, awarded MJ Solutions over $500,000 in past due royalties and other damages, and permanently enjoined Arkwright from continuing to practice the patented technology.  David successfully secured confirmation of the award in the United States District Court for the District of Minnesota and Arkwright is no longer manufacturing or selling the competing technology.     
  • Representation of Asset Marketing Services, Inc. and New York Mint, leaders in the numismatics industry with over 500 employees nationally, in matters involving theft of customer lists, customer information and other valuable trade secrets in which David has successfully obtained temporary and permanent injunctive relief, among other remedies, against former employees and companies engaged in unfair competition and misappropriation of trade secrets.

Case Studies

Sweet Victory for Local Candyland Inc.

Candyland, Inc., founded in 1936, is a small, Minnesota-based manufacturer of high-quality popcorn, candy, and fine chocolates. The candy company’s trademarked “Chicago Mix” blend of caramel, cheese and regular flavored popcorn has been a best seller for 20 more.

Critical Coal Gasification Project Gets Off the Ground
In a case critical to the Chinese government, David represented Global Partners United (GPU). GPU, an American company principally based in the People’s Republic of China, was working closely with Chinese government officials to deliver natural gas throughout more.
Community Involvement
  • American Bar Association
  • American Intellectual Property Law Association
  • Federal Bar Association
  • Minnesota State Bar Association
  • Intellectual Property and Labor and Employment Law Sections
  • Minnesota Intellectual Property Law Association
  • Hennepin County Bar Association
  • Minneapolis Chamber of Commerce’s Leadership program
  • Burnsville, MN, Chapter of Ducks Unlimited
  • Volunteer Lawyers Network
  • Volunteer Winthrop & Weinstine mentor, young lawyer program
  • Volunteer reader at Gleason Lake Elementary School
  • Volunteer Wayzata Community Church (Sunday School teacher)
  • Coaches son’s baseball team and volunteers at all three of his children’s schools and events

Honors & Awards
  • "Local Litigation Star," Benchmark Litigation, 2016
  • Minnesota Super Lawyers®, 2014-2015
  • Attorney of the Year, Minnesota Lawyer, 2013
  • "Future Star," Benchmark Litigation, 2015
  • AV Preeminent rating from Martindale-Hubbell
  • Minnesota Rising Stars®, 2003-2009, 2011
In the Media

Press Releases
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