Terese advises and represents clients in Minnesota and beyond on federal and state laws as well as regulatory compliance, commercial lending, secured and unsecured debt, privacy issues, risk management, and asset preservation. When business disputes arise, Terese guides clients through negotiation and – if necessary – litigation to successfully resolve them, always with an eye toward the legal and practical considerations involved.
Terese’s professional background includes several years of experience as a controller for a closely held business, giving her firsthand insight into privately held businesses and their unique challenges, including the allocation of limited resources.
In her speaking appearances, Terese focuses on the topic of business and the law, including the fundamentals of starting and operating a business, regulatory compliance, risk management, loss prevention strategies, and data management.
Prior to joining Moss & Barnett, Terese externed with a judge of the U.S. District Court for the District of Minnesota. She also clerked for an appellate judge of the Minnesota Court of Appeals.
- Successfully defended claims under the Telephone Consumer Protection Act (TCPA) involving a reassigned cellular telephone number. A federal court granted summary judgment in favor of our client, a national bank, based on two first-in-the-nation holdings: first, that an automatic telephone dialing system, as defined by the TCPA, must have the “present capacity to generate random or sequential numbers to dial,” and plaintiff failed to establish that the dialing systems at issue had such capacity; second, that the client reasonably relied on the previous subscriber’s prior express consent for the calls at issue.
- Successfully defended claimed violations of the Lanham Act, including trademark infringement, dilution, unfair competition, false designation or description, and unlawful passing off. Plaintiff sued our clients after our clients filed opposition and cancellation actions against plaintiff’s marks in the U.S. Trademark Office on the basis that the marks were generic or, alternatively, merely descriptive of the goods and services. The case settled at mediation without any payment and on terms that required plaintiff to withdraw the application for registration, surrender her registered trademark for cancellation, and disclaim any statutory or common law trademark rights in the disputed marks.
- Lender-liability claims dismissed for no payment. After our client enforced a loan agreement against plaintiff’s company, plaintiff, his company, and an affiliate sued the client, a medical device manufacturer, for breach of loan, employment, and non-disclosure agreements as well as trespass, conversion, and fraud. We settled the case for no payment and dismissal of all claims. After plaintiff refused to sign the settlement agreement, we obtained a court order enforcing it.
- Medicare reimbursement lawsuit dismissed for no payment. After the sale of a hospital chain, the buyer and seller “tag teamed” a suit against the CPA firm of the sold chain, seeking to hold the firm liable for payment assessments. We used creative discovery to demonstrate that the parties explicitly bargained for the risk of future Medicare assessments in the purchase price. The suit was dismissed without any payment.
William Mitchell College of Law, J.D.; cum laude
Minnesota State University Moorhead, B.A., Accounting
Certifications / Specialties
- Certified Public Accountant (inactive) – Minnesota
- U.S. District Court for the District of Minnesota
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the District of North Dakota
- U.S. Court of Appeals for the Eighth Circuit
Honors & Recognitions
Best Lawyer/Attorney, The Laker & Pioneer Readers’ Choice Awards (2017)
Named to the Minnesota Rising Stars list (2008-2009)
CALI Award of Excellence – Employment Law
CALI Award of Excellence – Evidence
News & Insights
- A Primer on Standing in Federal CourtThe Woman Advocate (Winter 2017, Vol. 22, Issue 2) (a publication of the American Bar Association Section of Litigation), 03.02.2017
- Winter 2013 Firm Newsletter, 02.01.2013
- Summer 2011 Firm Newsletter, 07.01.2011
- American Bar Association
- Federal Bar Association
- Minnesota Society of Certified Public Accountants
- In addition to her legal work, Terese works to improve the quality of life in her community and beyond. She also is active in community organizations in the west metro.