Cassandra B. Merrick

Attorney Profile

Top Rated Business Litigation Attorney in Minneapolis, MN

Madel PA
 | 800 Hennepin Avenue, Suite 800
Minneapolis, MN 55403
Phone: 612-605-0630
Fax: 612-326-9990
Selected To Rising Stars: 2018 - 2020
Licensed Since: 2014
Practice Areas:
  • Business Litigation (30%),
  • Intellectual Property Litigation (30%),
  • Civil Litigation: Plaintiff (30%),
  • Criminal Defense: White Collar (10%)
    Attorney Profile

    An attorney at MADEL PA, Cassie Merrick focuses her practice on civil litigation and white collar criminal defense. From the firm's offices in Minneapolis, Minnesota, she represents individual and business clients throughout the greater Minneapolis–Saint Paul metropolitan area, across the state, and iaround the country. Ms. Merrick has been admitted to practice before all Minnesota state courts since 2014, and she is also admitted to practice before the U.S. District Court for the District of Minnesota, the U.S. District Court for the Western District of Wisconsin, the U.S. District Court for the Western District of Michigan, and the U.S. Courts of Appeals for the Eighth and Ninth Circuits.

    Ms. Merrick has represented both plaintiffs and defendants in a variety of matters, and she has been able to obtain favorable outcomes on their behalf. Some of her representative case results have included a summary judgment in her defense of a design company that was being sued for trade secret misappropriation and breach of fiduciary duty, the successful defense in a case in which the plaintiff alleged trademark infringement and dilution, and a case related to a promissory note in which she was able to obtain a jury verdict of nearly $1.8 million for her plaintiff client. Ms. Merrick also obtained an affirmation of the lower court's verdict in the latter case from the Minnesota Court of Appeals.

    Ms. Merrick has authored several articles on topics related to her practice area that have appeared in the Silha Bulletin, a publication of the University of Minnesota. She holds a Master of Arts in mass communication from that institution, and she was awarded her Juris Doctor magna cum laude from the University of Minnesota Law School in 2014.

     
    Practice Areas
    • 30%Business Litigation
    • 30%Intellectual Property Litigation
    • 30%Civil Litigation: Plaintiff
    • 10%Criminal Defense: White Collar

    Selections

    top-imageSelected to Rising Stars for 3 years

    Rising Stars: 2018 - 2020

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    About Cassandra Merrick

    Admitted: 2014, Minnesota

    Professional Webpage: https://www.madellaw.com/cassandra-b-merrick

    Honors/Awards:

    • Named a “Minnesota Rising Star” Super Lawyers (2018, 2019)
    • Named a “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2016)

    Bar/Professional Activity:

    • U.S. Court of Appeals for the Ninth Circuit, 2019
    • U.S. Court of Appeals for the Eighth Circuit, 2018
    • U.S. District Court, Western District of Wisconsin
    • U.S. District Court, Western District of Michigan
    • U.S. District Court, Minnesota
    • Minnesota

    Pro bono/Community Service:

    • Board Member, Minnesota Special Hockey
    • Mock Trial Assistant Coach, Lakeville North High School

    Scholarly Lectures/Writings:

    • Fourth Circuit Rules Company Challenging Statements on a Government Website Cannot Litigate Anonymously or in Secret, Editor and Writer, Fourth Circuit Rules Company Challenging Statements on a Government Website Cannot Litigate Anonymously or in Secret, Silha Bulletin, Vol. 19, No. 2, 2014
    • Copyright Decisions Emphasize the Broad Protections of the Fair Use Doctrine in Infringement Cases, Silha Bulletin, Vol. 19, No. 1 (Fall 2013)
    • Copyright Decisions Demonstrate the Perils of Posting and Using Visual Content Online, Editor and Writer, Copyright Decisions Demonstrate the Perils of Posting and Using Visual Content Online, Silha Bulletin, 2013
    • Courts Expand Protection for Online Speech, Define When Some Online Speech is Private, Writer and Editor, Courts Expand Protection for Online Speech, Define When Some Online Speech is Private, Silha Bulletin, 2013
    • California Legislators Address Data Protection and New Technology on Several Fronts, Writer and Editor, California Legislators Address Data Protection and New Technology on Several Fronts, Silha Bulletin, 2013
    • U.S. Supreme Court Upholds First Sale Doctrine for Works Made Abroad in Major Copyright Decision, Writer and Editor, U.S. Supreme Court Upholds First Sale Doctrine for Works Made Abroad in Major Copyright Decision, Silha Bulletin, 2013
    • FTC State Attorneys General Set Their Sights on Consumer Privacy in the Mobile Industry, Writer and Editor, FTC State Attorneys General Set Their Sights on Consumer Privacy in the Mobile Industry, Silha Bulletin, 2013
    • Media Organizations’ Use of Public Data Draws Privacy Concerns from Courts, Legislatures, Writer and Editor, Media Organizations’ Use of Public Data Draws Privacy Concerns from Courts, Legislatures, Silha Bulletin, 2013
    • Minnesota Courts Address Defamation Claims Stemming from Blog Posts and Online Review, Writer and Editor, Minnesota Courts Address Defamation Claims Stemming from Blog Posts and Online Review, Silha Bulletin, 2012
    • New FCC Rule on Disclosure of Political Advertising Follows 2012 Election Spending, Writer and Editor, New FCC Rule on Disclosure of Political Advertising Follows 2012 Election Spending, Silha Bulletin, 2012
    • Copyright Cases Around the Country Address Illegal Downloading, the Sale of Foreign-Made Works in the U.S., and the Aggregation of Online Listings, Writer and Editor, Copyright Cases Around the Country Address Illegal Downloading, the Sale of Foreign-Made Works in the U.S., and the Aggregation of Online Listings, Silha Bulletin, 2012
    • Award received for third-place student paper regarding the FTC's regulations of blogger speech; presented paper at conference, Presenter, "The FTC Enters The Blogosphere: The Marketplace of Ideas and The FTC’S Regulation of Blogger Speech", Law & Policy Division, National Conference for the Association for Education in Journalism and Mass Communication, Washington D.C., 2013

    Verdicts/Settlements:

    • Representing Dires, LLC (doing business as Personal Comfort Bed), Craig Miller, and Scott Stenzel in defending against Select Comfort Corporation’s allegations that Personal Comfort Bed’s advertising violated Select Comfort’s trademarks and that Personal Comfort Bed made false statements in its advertising. After a 14-day jury trial in which Select Comfort sought more than $17.1 million in damages, the jury found no trademark infringement, no trademark dilution, no unfair competition, and found in favor of our clients on multiple false advertising claims. In addition, the jury found that our clients prevailed on their counterclaim seeking a judgment that Select Comfort has no trademark rights in the phrase “number bed.” In total, the jury found that Personal Comfort Bed made several false statements and awarded Select Comfort $120,812 in damages against our corporate client only—the jury found no liability whatsoever for our individual clients. The jury thus awarded Select Comfort, a corporation currently worth over $1.32 billion, less than 1% of the damages it sought at trial, 2017
    • ​Representing motorcycle and automotive design company Ciro, LLC, Tom Rudd, Ken Madden, Darron May, and Chris Lindloff in defending against Kuryakyn Holdings, LLC’s 18 claims, including allegations of trade-secret misappropriation, breach of contract, and breach of fiduciary duty and duty of loyalty. After lengthy discovery and summary-judgment briefing, the U.S. District Court for the Western District of Wisconsin granted summary judgment in favor of our clients with respect to 17 of the 18 claims, dismissing claims of copyright infringement, federal and state trade-secret claims, breach of contract, and a statutory conspiracy to injure business claim. Four of our five clients were dismissed from the lawsuit entirely and only a portion of one claim remained against one of our clients. That remaining claim has since been resolved, 2017
    • General business litigation.  NJK Holding v. The Araz Group, Inc./jury trial & appellate win.  In 2015, Ms. Merrick was co-counsel relating to a trial against The Araz Group, Inc. relating to a promissory note in the amount of $700,000.  Judge Thomas Fraser presided over the jury trial, and our client ultimately won a judgment of $1,782,149.80.  At the conclusion of trial, we moved for our attorneys’ fees and costs, which Judge Fraser granted in full. The Araz Group then appealed to the Minnesota Court of Appeals, and Ms. Merrick drafted the briefing on our client’s beheld.  On May 2, 2016, the Court of Appeals affirmed Judge Fraser’s judgment in a unanimous, published decision that held, for the first time under Minnesota law, that Minnesota’s statute of frauds applies to alleged agreements to extinguish debts (and not just agreements to modify debts).  See NJK Holding Corp. v. The Araz Group, Inc., 878 N.W.2d 515 (Minn. App. 2016).  The Minnesota Supreme Court denied review of the Court of Appeals' decision and awarded 100% of our attorneys’ fees and costs incurred through the appellate process, 2016

    Educational Background:

    • University of Missouri, Summa cum laude with University Honors, Bachelor of Journalism and Bachelor of Arts in Political Science, 2011
    • Masters Degree in Mass Communication from the University of Minnesota, 2014
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    Office Location for Cassandra B. Merrick

    800 Hennepin Avenue
    Suite 800
    Minneapolis, MN 55403

    Phone: 612-605-0630

    Fax: 612-326-9990

    Cassandra B. Merrick:

    Last Updated: 1/15/2020

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