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Richard A. Duncan

Partner

Overview

Rick Duncan guides clients facing antitrust issues and is an advocate for Indian tribes during litigation. He also represents clients in environmental litigation.

Antitrust and Trade Regulation

Rick advises clients on antitrust questions involving mergers and acquisitions, distribution channels, joint ventures, government agency investigations, trade association activities, pricing policies, intellectual property issues, and promotional programs. He is experienced on matters related to:

  • Hart-Scott-Rodino Act compliance and investigations
  • Allegations of exclusionary conduct
  • Monopolization and attempted monopolization claims
  • Price-fixing cases
  • Sherman Act and Clayton Act counseling

Indian Law

Rick is an ally when Indian tribes need to make their case in court. He has experience assisting tribes in litigation related to:

  • Federal environmental law
  • Commercial litigation
  • Obtaining state court recognition of tribal court judgments
  • Trust claims 
  • Indian Child Welfare Act 
  • Tribal sovereign immunity
  • Indian Gaming Regulatory Act

Environmental Matters

Rick represents clients in complex litigation related to potential environmental hazards. In the wake of oil spills, he has represented commercial fishermen on claims related to their business losses. He has also advised on matters related to radioactive waste storage and has provided pro bono counsel on wildlife protection and Wilderness Act issues.

Faculty Positions

  • University of Minnesota Law School — Adjunct Professor

Personal Interests

Rick has worked with many nonprofit environmental organizations during his career and is currently a board member of the International Wolf Center located in Ely, MN. 

Credentials

Bar Admissions

Minnesota

Court Admissions

U.S. Supreme Court
Mille Lacs Band of Ojibwe Tribal Court
Prairie Island Indian Community Tribal Court
Tribal Court of the Shakopee Mdewakanton Sioux (Dakota) Community
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Federal Claims
U.S. District Court for the District of Minnesota
U.S. District Court for the Western District of Wisconsin

Education

Yale Law School
J.D. (1988)

Yale University
B.A. summa cum laude, Phi Beta Kappa (1985)

Insights & Events

Other Perspectives
  • Rx for Competitive Health Care 
    Minnesota State Bar Association (MSBA) Antitrust and Health Law Sections, 2014
  • An Overview of Federal Administrative Law and Judicial Review
    Minnesota Environmental Institute, MSBA, 2013

Firm Blog Contributions

  • LaborSphere – a resource providing coverage and insights on breaking cases, recently enacted legislation and a broad range of labor issues

Leadership & Community

Pro Bono

  • International Wolf Center — Board, 2013-present (Vice Chair, 2022-present)
  • Defenders of Wildlife
  • Friends of the Boundary Waters Wilderness
  • Humane Society of the United States
  • Sierra Club
  • Wilderness Society
  • Historic St. Paul and other historic preservation nonprofits

Professional Associations

  • American Bar Association
  • Minnesota American Indian Bar Association
  • Minnesota State Bar Association — Antitrust Section 2002-2011 (Chair, 2007-08)
  • Hennepin County Bar Association — Environmental Law Section Co-Chair, 2010-14
  • Southern Minnesota Regional Legal Services’ Campaign for Legal Aid — Board, 2014-present

Civic Activities

  • Fresh Energy — Board, 2001-10

Honors

  • Chambers USA — Minnesota, Antitrust, 2019-24
  • Faegre Drinker — Pro Bono Honor Roll, 2020-21, 2023
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2013-16, 2019
  • Best Lawyers® — Antitrust Law; Litigation - Antitrust; Litigation - Environmental (Lawyer of the Year, 2019, 2023); Native American Law; Timber Law, 2001-25
  • Who's Who in American Law
  • Martindale-Hubbell AV Preeminent Rated
  • Minnesota Super Lawyers — Antitrust Litigation, 2007-19, 2023-24; Native American Law, 2021-22
  • John C. Benson Pro Bono Award, 2008
  • Sierra Club William O. Douglas Award, 2007
Awards Methodology
No aspect of these recognitions has been approved by the highest court of any state.