ABOUT DAVID

I was born in St. Paul and have spent the better part of my life here. Following high school, I attended the University of Minnesota for two years before transferring to Bennington College, in Bennington, Vermont, where I earned my Bachelors Degree in English Literature, in 1975.

My first career found me working at my family's business, Garelick Mfg. Co., in St. Paul Park, Minnesota, founded and built by my father and uncle -- literally one boating ladder step at a time -- into a leading boating accessory manufacturer with an international reputation. When we chose to diversify, I became the Director of our new Medical Products Division, which grew to be regarded as an innovative manufacturer of high quality patient aids throughout the U.S. and Canadian home health care markets. In that capacity, I managed a national sales force of fifty independent sales representatives.

After fifteen years in the business, I desired a new challenge -- a vocation of my own making. I chose the practice of law, attended William Mitchell College of Law, and received my Juris Doctor Degree in 1998.

I started practicing law at Larry Leventhal & Associates, a small firm specializing in Indian law, civil and criminal litigation. I was initially drawn to work there because of the broad scope of general practice services offered by the firm and the extensive work it did with Indian tribes and within various minority communities. We counseled tribes on issues including, among others, business development; land use planning and development; legislative affairs; taxation; tribal regulation; the drafting of tribal ordinances, codes and resolutions; tribal elections; tribal membership criteria; constitutional law; contracts for goods and services; employment disputes; and coordination with the Department of the Interior/Bureau of Indian Affairs and units of county and state government. I also successfully represented individual clients in a variety of matters ranging from the defense of former tribal casino executives against charges of corporate misconduct in tribal court to bringing claims on behalf of individuals seeking damages in cases involving civil rights law and police misconduct in federal court.

After ten years of practice in the small firm environment, I decided it was time to open my own law office.

I currently offer legal services in the areas of civil litigation, probate and trust, business, real estate, administrative and Indian law.

Bar Admissions:

Minnesota
U.S. District Court District of Minnesota
Tribal Court of the Shakopee Mdewakanton Sioux (Dakota) Community

Education:

William Mitchell College of Law, St. Paul, Minnesota, 1998
J.D.

Bennington College, Bennington, Vermont, 1975
B.A.

Professional Associations and Memberships:

Minnesota State Bar Association
Ramsey County Bar Association
Minnesota American Indian Bar Association
Special Member

Committee Service:

Residential Real Estate Committee, Minnesota State Bar Association Member

Selected Experience:

Jones v. Stoneking, et al. (2006) U.S. District Court, District of Minnesota

Total Pre-trial Settlement with County: $150,000
Total Judgment (based on jury trial, including compensatory, punitive damages and atttorney's fees): $346,000

Cass County transport officer pled guilty to third degree criminal sexual conduct for having sexual intercourse with woman while transporting her when she was an inmate at the Cass County Jail. Woman filed a civil suit against transport officer and Cass County. On summary judgment, she prevailed on her §1983 claim against the County for inadequate hiring and her state law negligence and respondeat superior claims. She reached a settlement with Cass County prior to trial in which she proceeded against the individual transport officer. The jury awarded her damages based upon the transport officer's violations of federal and state law. View news article

Canty v. City of Minneapolis (2007), Hennepin County District Court,
Minnesota.

Total Settlement: $70,000
Excessive force case against Hennepin County Sheriff's Deputies.

In the Matter of the Arbitration between United Construction & Supply, Inc. and Spirit Lake Tribe, No. 65 E 110 00322 03 (American Arbitration Association Construction Industry Arbitration Panel 2003).

The parties entered into two contracts for construction of a community water supply and pressure system for a tribal housing development, and for construction of gravel surfaced access roads. When work stalled after a series of payments had been made for work completed at that juncture, the Tribe provided notice to the construction company that it was terminating both contracts for default. The company filed for arbitration, claiming it was entitled to additional compensation exceeding $50,000; the Tribe counterclaimed. Following hearing and briefing, the Arbitrator converted both terminations for default to terminations for convenience, found that the construction company was entitled to recover a total of only $3,920 against the two contracts, and that arbitration costs would be shared equally by the parties.

Appeal of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians—Bureau of Indian Affairs Grant No. GTF 55XX0097, IBCA 4102-1999, IBCA 4103-1999, IBCA 4104-1999 (U.S. Dept. of the Interior/Interior Board of Contract Appeals 2000).

Following audit by the Office of the Inspector General, the Bureau of Indian Affairs requested the Tribe to pay back approximately $357,000 of grant funds originally allocated for the Tribe's school project. The Arbitrator determined that the Tribe only had to pay back approximately $13,000.

I prepared the Tribe's arbitration brief and served as co-counsel throughout the matter.