Harry Niska

Harry Niska represents both plaintiffs and defendants in trial and appellate courts throughout the United States in a wide variety of high-stakes, complex commercial disputes, including securities, financial fraud, contract, and antitrust litigation. He also frequently represents political candidates, party units, and other organizations on issues of campaign finance and election law. Prior to joining Ross & Orenstein in April of 2009, he served as a law clerk for the Honorable Roger L. Wollman for the U.S. Court of Appeals for the Eighth Circuit and was an associate at Kirkland & Ellis LLP in Chicago.

  • Successfully argued appeal in the Eleventh Circuit affirming dismissal of antitrust claims against a group of bondholders asserted by an issuer. Akanthos Capital Mgmt., LLC v. Atlanticus Holdings Corp., 734 F.3d 1269 (11th Cir. 2013). In related case, obtained dismissal of antitrust claims at the pleading stage before the U.S. District Court for the Northern District of Georgia, affirmed by the Eleventh Circuit en banc. CompuCredit Holdings Corp. v. Akanthos Capital Mgmt., LLC, 916 F. Supp. 2d 1326 (N.D. Ga.), aff’d on reh’g en banc, 698 F.3d 1348 (11th Cir. 2012), denied, 133 S. Ct. 2736 (2013).
  • Successfully defended a former corporate director against claims of fraud and breach of fiduciary duty in connection with the failure of a business in Minnesota state court. Obtained dismissal of fraud claim and successfully defended dismissal on appeal, arguing in the Minnesota Court of Appeals. DQ Wind-up, Inc. Trust for the Benefit of Shareholders of ACI Telecentrics, Inc. v. Kohler, et. al., No. A11-1933, 2012 WL 1658929, 2012 Minn. App. Unpub. LEXIS 405 (Minn. Ct. App. May 14, 2012). Following a week-long bench trial, obtained complete defense judgment on remaining claims.
  • Advised congressional campaign on response to alleged illegal corporate contribution and successfully defended campaign in subsequent complaint before the Federal Election Commission, which was dismissed by a unanimous vote. In the Matter of Emmer for Congress, MUR 6794 (FEC).
  • Representing Minnesota Timberwolves against antitrust, consumer fraud, and contract claims by season ticket holders arising from the team’s adoption of an electronic ticketing platform. Mattson et al. v. Minnesota Timberwolves (Minn. Dist. Ct. Hennepin County). Obtained order compelling arbitration of plaintiffs’ claims.
  • Representing major egg producer in litigation against insurer over coverage under pollution coverage policy. Successfully argued for denial of the insurer’s motion to dismiss. Rembrandt Enterprises, Inc. v. Illinois Union Ins. Co., 129 F. Supp. 3d 782 (D. Minn. 2015).
  • Lead counsel for real estate investment fund asserting claims for financial fraud and negligent misrepresentation against two corporate officers relating a sale-leaseback transaction to our client. Obtained favorable settlement while discovery was ongoing. AG Net Lease Acquisition Corp. et al. v. Ronald J. Buschur et al., Case No. SACV 13-1631-CJC (C.D. Cal.).
  • Represented institutional and individual investors in Madoff feeder funds in multi-jurisdictional litigation, achieving favorable settlements for clients. Favorable rulings include KPMG LLP v. Cocchi, 88 So. 3d 327 (Fla. 4th DCA 2012); Askenazy v. KPMG LLP, 988 N.E.2d 463 (Mass. Ct. App. 2013); and In re Tremont Sec. Law, State Law, & Ins. Litig., No. 08 CIV. 11117, 2014 WL 1465713 (S.D.N.Y. Apr. 14, 2014).

Education

  • University of Minnesota Law School, J.D., magna cum laude, 2005, Articles Editor, Minnesota Journal of International Law, Order of the Coif (an honor based on high class rank))
  • Concordia College, B.A., Political Science, 2002

Admissions

  • Minnesota
  • Illinois
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Minnesota
  • U.S. District Court, Northern District of Indiana
  • The European Union TRIPS over the U.S. Constitution: Can the First Amendment Save the Bologna That Has a First Name?, 13 Minn. J. Global Trade 413 (2004).
  • That’s Not Plausible: Iqbal One Year Later, Hennepin Lawyer (June 2010) (with John Orenstein).
  • Adjunct faculty, Bethel University
  • Vice Chair, City of Ramsey Charter Commission
hniska@rossbizlaw.com
Phone: 612.436.9804
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