Dustan J. Cross

Practice Areas

Experience

• Representative Litigation Experience

  A representative sampling of his litigation experience (in all of which he served as lead counsel) includes the following:

  • Obtained a successful defense jury verdict on behalf of a swine integrator following a two-week jury trial alleging nuisance, negligence, and trespass;
  • Obtained a successful jury verdict for a Plaintiff business alleging lost profits arising from the breach of a non-solicitation provision in a joint venture contract, in which the jury awarded Plaintiff every dollar of damages requested;
  • Obtained a court award of $2.6 Million in damages following a 5-day bench trial for breach of fiduciary duty and breach of trust by one member of a closely held business;
  • Obtained an arbitration award in a two-week construction arbitration in which the award from the panel was $2.0 Million less than the Client’s final offer and $5.0 Million less than the claimant’s final demand;
  • Obtained a jury verdict in Client’s favor alleging violations of Iowa’s Blue Sky securities laws;
  • Obtained an arbitration award of $2.0 Million in client’s favor alleging breach of an inter-creditor participation agreement arising from a failed development project;
  • Successfully litigated a contested 5-day motion to appoint a Trustee in a Chapter 11 bankruptcy involving a $100.00 Million failed multi-state dairy operation;
  • Litigated a major Trademark dispute in Federal Court involving two major retailers claiming entitlement to exclusive use of a tag line that they had both used for years, which was resolved on the eve of trial;
  • Successfully litigated a break-up of a family business involving multiple claims of breach of fiduciary duty and oppression of minority shareholders;
  • Successfully obtained a multi-million dollar verdict following a 6-day jury trial for a Bank alleging slander of title;
  • Litigated 5-years of litigation on behalf of a bank client being sued by former borrowers on multiple theories of lender liability, all of which were dismissed including sanctions against the former borrower and borrower’s counsel; and
  • Have litigated multiple will contests and trust litigation.
• Representative Corporate and Regulatory Experience

  In addition to his trial experience, Dustan also has a long history of representing numerous financial and corporate institutions in various corporate and regulatory matters. A representative sampling of some of his more recent experience in these areas includes:

  • Served as general counsel for a $100.00 Million per Year Cooperative Agri-Business serving Southern Minnesota;, including providing comprehensive governance advice; handling all litigation and contract matters on behalf of the client; and providing extensive advice concerning environmental compliance matters;
  • Reviewed and revised a $22.0 billion financial institution’s entire home mortgage program to comply with all applicable state and federal laws, including amending and updating all multi-state forms and agreements, revising and modifying its broker program and documents and revising the institution’s loan officer compensation program for compliance with recently revised TILA regulations and other applicable law;
  • Advised a client extensively regarding the potential acquisition of a competitor’s business with an estimated purchase price in excess of $500 Million;
  • Provide ongoing regulatory and eligibility advice and opinions to various Farm Credit System institutions on a wide-range of topics; and
  • Serves as corporate counsel for numerous closely held corporations, LLCs, limited and general partnerships, and other organizations.
• Representative Publications and Seminar Presentations

  As part of his commitment to his Clients’ needs to appreciate and understand ongoing developments in the law, Dustan is also a frequent presenter and publisher of materials directed to educating his clients and others about all legal matters of interest to them. A representative sampling of some of his publications includes the following:

  • Documentation and Collateralization Lending to Integrated Livestock Producers
  • Review of UCC Article 9; Statutory Liens; Priority Issues and Central Notification; Making Sure you are on First
  • Condemnation Under Minnesota Law
  • Collection – Liquidation Procedures and Ethical Considerations: An Overview
  • The Impact to Employers of Minnesota’s New Torts of Invasion of Privacy
  • Spoliation of Evidence
  • Privacy Issues Relating to Disclosure of Borrower’s Financial Information
  • The Impact to Employers of Minnesota’s New Torts of Invasion of Privacy
  • The Impact to Insurers of Minnesota’s New Torts of Invasion Privacy
  • Collection Actions – Enforcement of Judgment Issues
  • Collateral Insurance Issues for Minnesota Creditors
  • Overview of Insurance Fundamentals
  • The Clean Water Act, National Pollution Discharge Elimination System, and Livestock Producers
  • Liability Insurance Coverage Issues for Livestock Producers
  • Contract Issues – Grain Delivery Contracts Issues and Enforcement
  • Loan Participations and Syndications
  • Select Issues Regarding Lender Liability
  • Regulations in Flux: The EPA’s Ongoing Attempts to Regulate Animal Livestock Producers through its NPDES Permitting Program
  • GIPSA’s New Regulations for Swine Production Contracts
  • Undercover Video Re: Livestock Production

Honors & Awards

• Super Lawyers®2014-2023
• Rising Star2001-2002, 2004-2005