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www.winthrop.com |  A Professional Association

At-a-Glance

Understands the client's business


Client focused


Courtroom prowess


Helps advise on business issues


  Strategic

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

Shareholder
p (612) 604-6716   f (612) 604-6816 
Education
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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Experience
David A. Davenport is a trial attorney who has represented clients in many different industries over the years, including numismatics, manufacturing, finance, banking, real estate, energy, retail, telemarking, and emerging technologies. This wide range of knowledge and experience in commercial law is important to his practice and helps him achieve his goals of providing accurate, clear, practical, and timely advice to his clients so that he may serve their various needs.

David’s complex litigation experience spans a variety of litigation matters, ranging from multimillion-dollar IP cases; to violations of high-stakes, non-competition agreements; to theft of valuable trade secrets; to real estate, finance and banking disputes; to shareholder disputes. As a trusted advisor, David helps his clients minimize the number of legal issues they must deal with so they can focus on business, and he confronts those issues head-on when they arise.

David is a fierce and passionate advocate who vigorously and aggressively fights for his clients. As a business and commercial-related trial lawyer, David has taken several cases to trial where he has secured, either through jury or bench trials, favorable verdicts for his clients. Recently, David was involved in a high-profile litigation matter involving an international transaction in China worth more than a $100 million dollars, where he was able to secure the transaction for his client and replace the management and board of directors for the opposing company.

In addition, David has also secured favorable settlements for his clients over the years. David recently secured a $6.5 million settlement for a client in a real estate matter involving allegations of fraud, a $1.3 million dollar settlement in a manufacturing dispute under the Minnesota Uniform Commercial Code, and a favorable royalty based settlement in an intellectual property (IP) infringement matter.

David is known and appreciated by his clients for his common sense and practical approach to complicated legal matters, and for being easy to work with while simultaneously being tough and aggressive, yet courteous and professional. Clients appreciate David’s ability to get to the heart of issues and resolve them. His skill at strategy allows him to work within the context of the case to always set his clients up for a strong, future position. In many cases, he works with clients on the front end of matters to help them avoid litigation as they plan business strategies. Recently, one of Dave’s clients commented, “in the last six seconds of the game, I want the ball in Dave’s hands because he understands what it takes to get to where we need to be when the buzzer sounds.”


David is very proud to represent his clients in this fashion and to have received an AV-rating from Martindale Hubbell’s peer review ratings because an AV-rating is the highest rating a lawyer can receive from his peers and is a testament to the fact that David’s peers rank him at the highest level of professional and ethical excellence.

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.


Bar Admissions

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


Representative Experience Overview
As a business and commercial-related trial lawyer, David has taken several cases to trial where he has secured, either through jury or bench trials, favorable verdicts for his clients. In addition, David has also secured favorable settlements for his clients over the years. For example, David recently secured a $6.5 million settlement for a client in a real estate matter involving allegations of fraud, a $1.3 million dollar settlement in a manufacturing dispute under the Minnesota Uniform Commercial Code, and a favorable royalty based settlement in an IP infringement matter.

In 2011, David was involved in a high-profile litigation matter involving an international transaction worth more than a $100 million dollars, where he was able to secure the transaction for his client and replace the management and board of directors for the opposing company.

Case Study
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 China. GPU owns exclusive rights in China and seven other Asian countries related to technology that is designed to extract natural gas from coal, a process referred to as “coal gasification” or “clean coal technology.” Critical to the Chinese government because of their current ecological challenges and the on-going infrastructure re-development efforts across China, this technology was poised to make a major impact.

China has an enormous surplus of coal deposits. For decades, they have burned coal to support their economy and development. Unfortunately, this practice has caused serious pollution level concerns in China, particularly in its larger cities. As a result, GPU had been working closely with the Chinese government and its officials to provide the government with the ability to extract natural gas from coal in an environmentally friendly way.

When David began working with GPU, the company had already spent more than $7 million in the technology and the company from whom it was to license the technology, Bixby Energy Systems. At that point, Bixby had not yet delivered on its obligations to GPU, putting GPU on the verge of disaster. Without being able to deliver on any of its obligations to its Chinese customers, GPU was poised to face multiple lawsuits in China.

Once David began working with the company, it was quickly discovered that Bixby’s primary officers had raised over $140 million from an estimated number of over 2,000 individual shareholders, but Bixby had no money and was insolvent. Most importantly, Bixby had not delivered on its obligations to GPU–their only customer – and it was unable to do so.

At that time, it was also discovered that Bixby was being investigated by at least four federal agencies, and that one of its primary financial officers had been previously convicted of bank fraud. David got to work quickly. He worked to commence an action in Hennepin County to have the court intervene through the appointment of a receiver to take control of Bixby and oust management. Next, he filed for immediate injunctive relief. The case quickly became highly contentious. After his case was filed, investors and some members of Bixby’s Board of Directors filed their own lawsuits, seeking relief similar to that which GPU was seeking. Soon, Bixby shareholders loyal to the current management team surfaced, creating multiple, on-going fights on many different fronts.

In only 60 days, working around the clock, David achieved a result that brought about the following: (1) Bixby’s management and certain members of its Board of Directors were ousted; (2) interim management and an interim Board of Directors for Bixby were appointed; and (3) Bixby began to deliver on its contractual obligations to GPU.

In a significant case from start to finish, David achieved an enormously successful result for his client. GPU is now delivering on obligations to its Chinese customers, it has not been sued by its Chinese customers, and it is on the verge of completing installation and testing of the first coal gasification system in China, which is poised to revolutionize the way energy is delivered to the Chinese people.

Complicated cases like this have become the norm for David. For example, before representing GPU, David recorded a $6.5 million settlement for a real estate development client in a fraud case and a $1.3 million settlement for a small specialty paper company client against a Fortune 500 company. He handles large, complicated litigation matters for the firm often and boasts a respectable book of business for a young litigator on the rise. He also works with the one of the firm’s oldest and largest clients, a true testament to the firm’s and clients’ belief in him. Clients feel he takes ownership of their issues in order to solve complicated problems. Even though most cases now settle out of court, David has the rare experience of serving as first chair litigator in both jury and bench trials.

Community Involvement
  • 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
  • Minnesota Super Lawyers®, 2014
  • Attorney of the Year, Minnesota Lawyer, 2013
  • Future Star, Benchmark Litigation, 2014
  • AV Preeminent rating from Martindale-Hubbell, AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence
  • Minnesota Rising Stars®, 2003-2009, 2011
 
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