Nicole O. Tupman
Nicole Tupman assists clients with a broad spectrum of business, employment, and litigation needs, including corporate governance matters, commercial contract negotiations, drafting employment policies and handbooks, and regulatory matters before the Public Utilities Commission. Nicole represents corporate fiduciaries in trust and estates litigation, and represents clients in a diverse array of other commercial litigation needs such as employment discrimination, construction, product liability, and breach of contract matters. Nicole is committed to effectively and efficiently manage her clients' matters.
After graduating from law school, Nicole clerked for the Hon. Karen E. Schreier, Chief District Court Judge for the District of South Dakota. As a result, Nicole is well-versed in federal practice and procedure. Nicole regularly appears in federal court on complex civil litigation matters.
Before attending law school, Nicole taught Special Education to inner-city middle and high school students in St. Louis, Missouri, and managed the district’s debate league as a Teach for America corps member. She has remained active in the education field through community involvement and publications.
Awards & Recognition
- Great Plains Rising Stars (2015-2017)
- Strategized with a Fortune Global 500 company to avoid litigation with potential damages in the $1 billion range over long-term agreements through research into alternative avenues of performance and contract renegotiation.
- Prepared all pre-trial pleadings for a $1 million property dispute and second-chaired the trial.
- Drafted more than 40 petitions for trust and estate matters, including petitions to reform trusts, receive accountings, appoint guardian ad litems for minor beneficiaries, and approve distributions, and represent corporate fiduciaries in trust litigation.
- Provided compliance advice to banks, companies, and prepaid card providers and represented companies in compliance-related litigation, including cases concerning the Fair Debt Collection Practices Act, Foreign Corrupt Practices Act and the Telephone Consumer Protection Act.
- Strategized with a national bank involved in $2 million check kite, including securing a temporary restraining order and drafting multiple forbearance agreements.
- Represented an electrical subcontractor in multiple construction litigation disputes, including a $500,000 suit in Iowa and a $300,000 suit in South Dakota.
- Represented banks and trust institutions which held securitized mortgages in multiple class action cases worth $100-500 million regarding allegedly illegal interest rates on the mortgages, including deposing named plaintiffs.
- Attended trial as second chair attorney in a contract dispute worth $200,000.
- Wrote and argued a motion for lack of personal jurisdiction for a Fortune 100 company in Minnesota federal court.
- Recovered multiple judgments against debtors in Minnesota and South Dakota state courts and executed multiple foreign judgments in South Dakota.
- Conducted an internal investigation into alleged embezzlement and tax fraud by corporate officers and made recommendations to the board of directors.
- Drafted pleadings, including appellate briefs, for various tribal entities on state taxation issues, breach of the federal government’s trust relationship, and administrative appeals.
- Represented victims of torture in seeking asylum in the United States, represented debtors in unfair collection efforts, secured child custody rights for parents as pro bono activities.
Media & Presentations
“No Lie About It, The Perjury Sentencing Guidelines Must Change,” 59 S.D. L. Rev. 50
“ADA Enforcement”, in The ADA Handbook, A Practical Guide
“Future Issues in Special Education,” in NIKKI L. MURDICK, ET AL., SPECIAL EDUCATION LAW (2013)
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