Todd E. Zimmerman

Todd focuses his practice on contract litigation, corporate governance and shareholder disputes, securities litigation and broker/dealer claims, real estate litigation and other business disputes.

Todd handles a wide range of commercial litigation matters and related business transactions. He has also handled several products liability matters, real estate disputes, securities claims, and closely held business issues.

Todd has a particular focus on matters for his financial services clients, including loan restructurings and workouts, litigation, and privacy issues.

Todd’s background as a Certified Public Accountant (CPA) is valuable in representing his business clients in a number of different industries including financial services, manufacturing and distribution, computer software and consulting, real estate, agriculture and insurance.

• Defended multiple cases for a publicly held client obtaining favorable trial verdicts, summary judgment rulings and settlements.
• Represented a municipal public service entity in successfully resolving its claims against multiple service providers and product vendors.
• Successfully litigated several real estate disputes and addressed multiple loan workout and foreclosure matters.
• Obtained a defense ruling at the close of trial on partnership and professional malpractice claims.
• Successfully represented several national broker/dealers in arbitration and litigation matters.
• Successfully defended a national insurance company in real estate litigation involving a variety of contractual theories.
• Restructured and successfully worked-out several multimillion dollar loan and bond issue defaults for a national bank holding company.
• Successfully defended a German manufacturing company in an action brought by a large customer alleging breaches of warranty and misrepresentation.
• Secured a substantial settlement based upon claims of breach of fiduciary duty and misappropriation of trade secrets by a former officer of a manufacturing client.
• Successfully restructured and obtained payment in full for a financial services client facing various defaults on a $17 million secured loan and line of credit.
• Obtained a substantial settlement for a client against a competitor based on claims that the competitor had improperly obtained trade secrets and other proprietary information from an officer of the client.
• Successfully represented several different broker/dealers against customer claims and claims by regulatory authorities.
• Obtained a substantial settlement for a regional seed company based on claims against a foreign supplier of hybrid seed products.
• Advised a Canadian client regarding U.S. business operations and structured its U.S. business organization and contractual matters.
• Negotiated and structured the sale of a local bank to a regional bank holding company.
• Successfully represented a financial services company and its affiliates in privacy litigation.
• Advised several clients regarding federal and state privacy issues and assisted in structuring their business affiliations and transactions to ensure compliance.
• Represented a venture capital fund in structuring investments.
• Successfully represented a regional financial services company regarding disputes with the Small Business Administration.
• Successfully represented an accounting software provider in several matters alleging breach of warranty, breach of contract and related tort theories.
• Successfully defended a financial services company in an environmental claim asserted after the client commenced foreclosure proceedings on what was later found to be a contaminated site.
• Successfully represented an agriculture processing company in disputes regarding its waste water discharge and impact on surrounding properties.
• Represented a manufacturing client in multi-state asbestos litigation.
• Successfully represented a national company in obtaining local and state permits to operate a business which extracts precious metals from industrial solvents.

Education

• University of Minnesota Law School, J.D., 1990, magna cum laude
• University of North Dakota, B.B.A., Accounting, 1987, summa cum laude

Admissions

• North Dakota
• Minnesota
• U.S. District Court for the District of North Dakota
• U.S. District Court for the District of Minnesota
• U.S. Court of Appeals for the Eighth Circuit

• Best Lawyers in America, Commercial Litigation, 2007-2025; Litigation - Banking and Finance, 2023-2025; Litigation - Real Estate, 2023-2025; Litigation - Securities, 2023-2025; Product Liability Litigation - Defendants, 2011-2025; Bet-the-Company Litigation, 2019-2025
• Great Plains Super Lawyers, Business Litigation, 2007-2024
• Fellow, American College of Trial Lawyers, 2024
• Chambers USA: America's Leading Lawyers for Business, North Dakota - Litigation: General Commercial, 2005-present
• Lawyer of the Year in Fargo for Bet-the-Company Litigation, Best Lawyers, 2021
• Lawyer of the Year in Fargo for Product Liability Litigation - Defendants, Best Lawyers, 2015, 2017
• Lawyer of the Year in Fargo for Commercial Litigation, Best Lawyers, 2016
• Order of the Coif
• Fellow, International Society of Barristers

Professional Activities

• North Dakota State Bar Association, Member
• Cass County Bar Association, Member
• Minnesota State Bar Association, Member
• American Bar Association, Litigation Section, Member