William Mitchell College of Law, J.D., 2006, Magna Cum Laude
University of Minnesota, B.A., 2003, Magna Cum Laude
Bar & Court Admissions
- U.S. District Court District of Minnesota
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 8th Circuit
Dan Supalla is a member of the firm’s Financial Markets and Appellate practice groups. He practices principally in the areas of:
- Securities and financial services litigation
- State and federal appeals
- Business and employment litigation
Securities and Financial Services Representation
Dan primarily represents broker-dealers involved in arbitrated and litigated disputes with customers, registered representatives and other broker-dealers. His recent experience includes having primary responsibility for all pre-trial proceedings and coordinating discovery in 250+ arbitrations, state litigation, federal class-action litigation and bankruptcy litigation arising out one of the nation’s largest Ponzi schemes. Dan also works closely with other members of the Financial Markets Group to represent broker dealers and financial advisors in regulatory investigations and examinations.
In his securities litigation practice, Dan represents publicly traded companies, their officers, and directors in class actions alleging securities fraud and other violations of federal securities laws. Most recently, Dan has successfully defended a company and its director against an insider trading claim under Section 16(b).
Dan regularly represents insurers in disputes with customers, former salespersons. For example, he has defended an insurer and obtained summary judgment on a former salesperson’s claim of unlawful termination, which allowed the insurer to recover unearned commissions it had paid to its former salesperson. Dan also assists in representing insurers in class action lawsuits concerning allegations of unlawful sales practices of life insurance producers and in raiding cases.
In addition to his securities litigation practice, Dan maintains an active appellate practice that includes representing individuals and businesses in appeals to state and federal courts of appeal. In the Minnesota Supreme Court Dan has sought review on a wide variety of issues including class action settlement approval, contract claims and interpretation, property-rights issues and employment issues. Appellate practice experience has included representing:
- executives involved in federal-securities litigation to answer questions certified to the Minnesota Supreme Court regarding the special litigation committees’ authority and the fairness of class-action settlements;
- automobile dealerships in the interpretation of limitations of damages clauses in software contracts;
- farmers and ranchers raising constitutional due process claims to protect their right to appropriate water for irrigation and livestock.
Combining his appellate practice and pro bono work, Dan has briefed and argued cases before the Minnesota Court of Appeals regarding the application of state predatory offender registration laws, and in January 2011, Dan argued a case before the Minnesota Supreme Court, which dealt with an accused’s Sixth Amendment right to the assistance of counsel to present closing arguments in criminal bench trials.
Business and Employment Litigation
Dan also represents a broad array of clients in litigation matters before state and federal courts and state equal employment agencies. Dan’s representative experience includes:
- representing national banks in disputes with consumers over mortgage lending practices and in residential mortgage backed securities cases arising out of the financial crisis;
- defending employers against terminated employees’ allegations of unlawful discrimination or sexual harassment before state agencies;
- representing an employer against former employee’s allegations of age discrimination in the Eighth Circuit Court of Appeals and obtaining an affirmance of a district court order dismissing the former employee’s claim;
- representing a Minnesota county in property-tax litigation in federal court that raised issues of 11th Amendment immunity, availability of tax refunds, and questions of federal exemptions from state taxes.
Dan stays abreast of topics in the securities arena and other developments in the law by writing on current events. He co-authored a white paper entitled “The Efficacy of Securities Arbitration and Proposals for Change,” which was cited by the Wall Street Journal in an article discussing proposals to eliminate mandatory arbitration. In addition, Dan co-authored an article in the William Mitchell Law Review entitled “Standard of Proof to Establish Amount in Controversy When Defending Removal Under the Class Action Fairness Act,” which was recently cited by the Ninth Circuit Court of Appeals.
While in law school, Dan served as a staff member and assistant editor of the William Mitchell Law Review. Dan also received awards for best brief and won the oral argument in the Rosalie Wahl Moot Court competition, and in 2005 he represented William Mitchell in the New York Bar Association’s National Moot Court Competition.
Honors & Awards
- Attorney of the Year, Minnesota Lawyer, 2014
- Rising Star, Minnesota Super Lawyers
- Appellate counsel for farmers and ranchers alleging due process violations against state regulators who had denied clients their water rights to irrigate their crops and water their livestock.
- Counseled broker dealer and its financial advisors in dispute involving competing claims by a customer's children regarding the division of assets and customer's competence.
- Counseled broker dealer in dispute involving competing claims by a customer's beneficiaries.
- Defended class action securities claim alleging violations of Section 10(b) and Rule 10b-5 against a publicly traded company, its principals and its largets shareholder: a foreign pharmaceutical company.
- Lead discovery and pre-hearing counsel for an independent broker dealer in 250+ FINRA arbitrations arising out of a massive Ponzi scheme; assisted in the successful defense of client in state and federal class actions arising out of the same Ponzi scheme.
- Lead trial counsel for national bank in dispute with borrower over payment of insurance proceeds for property damage.
- Obtained expungement of adverse, factually unsupported disclosures on financial advisor's FINRA BrokerCheck report after panel hearing and state-court award confirmation proceedings.
- Obtained expungement of adverse, factually unsupported disclosures on financial advisor's FINRA BrokerCheck report in a declaratory judgment action in Minnesota state court.
- Obtained expungement of adverse, factually unsupported disclosures on financial advisor's FINRA BrokerCheck reports in Minnesota state court.
- Represented a Connecticut electronics manufacturer in arbitration against claims by a Canadian manufacturer that it failed to successfully design, develop and manufacture a hydronic circulator pump according to the parties' contracted specifications.
- Represented individual in an appeal to the Minnesota Supreme Court involving the Sixth Amendment right to counsel in a bench trial and in post-conviction proceedings about the effective assistance of counsel.
- Represented publicly traded company and director to obtain Rule 12 dismissal of a Section 16(b) claim for alleged improper short-swing profits.
- Successfully briefed and argued a motion to dismiss in state court on behalf of a dentist and his practice involving allegations of dental malpractice where the district court adopted our client's position and reasoning in full, and dismissed the suit.
Minnesota State Bar Association, Member
Minnesota Lavender Bar Association, Member
Hennepin County Bar Association, Member
Federal Bar Association, Member
- Briggs and Morgan and Industry Professionals Discuss the DOL Fiduciary/Conflict of Interest Rule (Fiduciary Duty Rule) and Related Prohibited Transaction ExemptionsNovember 7, 2016
- July 5, 2016
- March 30, 2015
- December 22, 2014
- September 15, 2014
- June 18, 2014
- May 2, 2014
- October 16, 2012
- September 14, 2012
- October 6, 2011
- July 18, 2011
- July 18, 2011
- April 7, 2011
- November 24, 2009
- THIS EVENT IS FULL.May 5, 2015
- Graves 601 Hotel 601 1st Avenue North Minneapolis, MN 55403, June 14, 2013
- "Discovery in Arbitration Proceedings," Presenter, Minnesota CLE, Winning Discovery: Successful Strategies, Processes and Best PracticesNovember 2012
- September 1, 2015
- May 2, 2014
- "Detection & Prevention of Selling Away: Supervisory Practices & Challenges," Co-Author, NSCP CurrentsJune 2013
- June 28, 2013
- June 26, 2013
- Alert: Minnesota Adopts NAIC Model Rules on Suitability of Annuity Transactions, to be Effective June 1, 2013May 23, 2013
- March 8, 2013
- January 29, 2013
- May 26, 2011
- February 25, 2011
- "Harmonizing Broker-Dealer and Investment Adviser Supervision Around a Unified Fiduciary Standard of Conduct," Co-Author, American Bar Association's Securities Litigation Journal2011
- August 26, 2010
- "Standard of Proof to Establish Amount in Controversy When Defending Removal Under the Class Action Fairness Act," Co-Author, William Mitchell Law ReviewAugust 2010
- April 27, 2010
- "Specimen Oral Argument: Sexual Harassment, Frieler v. Carlson Marketing Group," Co-Author, Art of Advocacy: AppealsAugust 2008
- May 5, 2008
- "A New Priority for E-Discovery: Early Collaboration, Identification, Preservation and Documentation," White Paper, Reprinted by Lorman Education ServicesJuly 2007