Annamarie A.Daley

Erfahrung

The following represents experience acquired prior to joining Jones Day.

Represented Cox in litigation brought by Acacia in a series of patent infringement actions against defendants in the cable, satellite, and adult entertainment industries related to patents it held covering the transmission of audio and video content, including internet streaming. Actions were consolidated as a multidistrict litigation matter in the Northern District of California. The court held that the asserted patents were invalid for indefiniteness, which was affirmed by the Federal Circuit.

Served as lead trial counsel for an optical company on claims of breach of duty of loyalty, duty of confidentiality, and duty of good faith claims against former employee who stole the client's new product ideas. After a jury trial, the company obtained recovery of lost profits.

Represented Arctic Cat Sales and Arctic Cat Inc., a distributor and manufacturer of all-terrain vehicles (ATVs) and snowmobiles in three separate lawsuits between Scholl's 4 Seasons Motor Sports, a former Arctic Cat ATV and snowmobile dealer. These cases involved claims brought by a former dealer that was terminated for failure to pay for products, and, which the dealer alleged violations of various Illinois statutes. Arctic Cat filed various counterclaims and filed a separate lawsuit alleging trademark infringement and other claims. After a federal court trial, a verdict was rendered in favor of Arctic Cat on all of its claims and the dealer claims were dismissed.

Represented Arctic Cat Sales in an action brought by a former dealer for alleged violation of a Wyoming statute. Arctic Cat moved to enforce the arbitration provision in agreement and for a determination that the Wyoming statute did not apply to the dealership. The court ruled in favor of Arctic Cat and found the arbitration agreement enforceable and the Wyoming statute inapplicable.

Represented a distributor in a dispute against the plaintiff, a former dealer, who alleged a newly enacted statute applied to its prior relationship with snowmobile manufacturer. The trial court dismissed the plaintiff's original complaint on the grounds that the retroactive application of the new statute was an unconstitutional impairment of contract.

Represented Pitney Bowes in connection with a breach of contract action in Minnesota federal court. After discovery, a confidential settlement was reached.

Represented a health benefit provider in a case involving allegations of a private health data breach and claims that the plaintiff's information was used in the company's marketing materials. The case, one of the first lawsuits brought under the Minnesota Health Records Act, proceeded through discovery and the parties reached a confidential settlement.

Represented Imation in a patent infringement action commenced by Cyberfone, a nonpracticing entity, alleging patent infringement. Served as lead counsel for Imation and actively handled all aspects of the defense for Imation, including settlement.

Represented Arctic Cat Sales in an action initiated by a former dealer for alleged violations of Michigan statutes. Arctic Cat filed a motion to transfer the case pursuant to the forum selection provision in the dealer agreement. The court granted the motion to transfer and the dealer subsequently dismissed its action.

Served as lead counsel for a defendant in an antitrust case involving claims of unreasonable restraint of trade, refusal to deal, and attempt at monopolization together with various common law tort claims that included tortious interference and conspiracy. Dismissal of the claims was obtained on summary judgment, which was ultimately affirmed on two appeals.

Represented Arctic Cat Sales in an administrative hearing and the appeal from that ruling that prohibited Arctic Cat from establishing a new dealership in the Harrisburg, Pennsylvania area. On appeal, the Pennsylvania court found that the administrative board had erred and that Arctic Cat should be permitted to add the dealership.

Represented a distributor against the plaintiff, a former dealer, alleging a newly enacted statute applied to its prior relationship with the snowmobile manufacturer. The trial court dismissed the plaintiff's original complaint on the grounds that the retroactive application of the new statute was an unconstitutional impairment of contract.

Represented video rental chain Blockbuster in a putative class action claiming that the video rental chain unlawfully retained sensitive information after subscribers canceled their memberships.

Represented United Food Group in a contract dispute involving the purchase of frozen beef. UFG was based in California, and the case was litigated in Minnesota. The case involved disputes regarding UCC forms issues as well as questions about timing of deliveries. The case ultimately was resolved through a confidential settlement.

Represented Arctic Cat and Arctic Cat Sales in an action initiated by a former dealer for an alleged violation of a Louisiana statute. The parties brought cross-motions for partial summary judgment regarding the proper interpretation of that statute, a matter of first impression. The court granted partial summary judgment for Arctic Cat, adopting its proposed interpretation of the statute and the dealer then dismissed its claims.