William Mitchell College of Law, J.D., 2005, Summa Cum Laude
Carroll University, B.S., Summa Cum Laude
Bar & Court Admissions
- U.S. District Court District of Minnesota
- U.S. Court of Appeals 7th Circuit
- U.S. Court of Appeals 8th Circuit
- U.S. District Court Eastern District of Wisconsin
- U.S. District Court Western District of Wisconsin
Dan Moak is a member of the Business Litigation section and practices principally in the areas of:
- General commercial litigation and dispute resolution
- Creditor’s rights litigation
- Real estate litigation
- Commercial lease litigation
As part of his banking litigation practice, Dan has successfully represented numerous banks and lending institutions in pursuing both monetary and foreclosure remedies, including resolving title and priority disputes and representing lead lenders in loan participation disputes and contested commercial foreclosure actions. Dan’s real estate litigation practice typically involves disputes between commercial landlords and tenants, as well as disputes between sellers and purchasers of residential property. In relation to employment matters, Dan has experience litigating commission-based compensation arrangements.
While in law school, Dan was an assistant editor for the William Mitchell Law Review.
Honors & Awards
- The Best Lawyers in America, Litigation - Real Estate
North Star Lawyer, Minnesota State Bar Association
- Stuart v. Stuart (right of first refusal) - Represented individual with entitlement to exercise right of first refusal to purchase real estate. Obtained reversal of district court's dismissal of lawsuit which led to favorable settlement.
- Defended automotive dealer against claims for unjust enrichment, trespass, conversion and trade secret misappropriation. Obtained summary judgment in clients' favor which was affirmed on appeal.
- Defended manufacturing client against negligence claim in excess of $33 million. Obtained summary judgment in client’s favor which was affirmed by Eighth Circuit. Associated Elec. & Gas Ins. Servs. v. BendTec, Inc., 822 F.3d 420 (8th Cir. 2016).
- Represented banking client in loan participation dispute which resulted in settlement before trial. Included claims for breach of contract, fraud and negligent misrepresentation.
- Represented banking client in mortgage priority dispute which resulted in summary judgment in favor of client and finding that client's mortgage had priority over a competing bank's mortgage.
- Represented client concerning claims brought by landowner regarding the height of a newly constructed building. Obtained reversal of district court's grant of temporary injunction which resulted in favorable settlement.
- Represented commercial landlord in breach of contract dispute with tenant and guarantor which resulted in entry of summary judgment in favor of landlord.
- Represented commercial landlord in dispute with tenant guarantors. Obtained judgment on the pleadings as to contractual liability under lease and guaranties which resulted in favorable settlement.
- Represented homeowner defending against breach of contract and promissory estoppel by construction contractor. Obtained summary judgment in client's favor.
- Represented individual landowner in Torrens action against adjacent landowner concerning ownership of boundary property. Court awarded property to client on summary judgment.
- Represented lender in priority dispute with mechanic's lien claimant.
- Represented national bank in related lawsuits involving a multimillion dollar construction loan default by developer, appointment and termination of a receiver, a mechanic's lien foreclosure action by a general contractor, and title insurance litigation.
Hennepin County Bar Association, Member
Minnesota State Bar Association, Member
American Bar Association, Member
Federal Bar Association, Member
- August 16, 2017
- Briggs and Morgan and Industry Professionals Discuss the DOL Fiduciary/Conflict of Interest Rule (Fiduciary Duty Rule) and Related Prohibited Transaction ExemptionsNovember 7, 2016
- May 12, 2016