No. 20-2474 ___________________________

Ascente Business Consulting, LLC, doing business as LIBERTYID

Plaintiff - Appellant

v.

DR myCommerce, doing business as eSellerate; Digital River, Inc.

Defendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: May 12, 2021 Filed: August 18, 2021 ____________ Before SMITH, Chief Judge, SHEPHERD and GRASZ, Circuit Judges. ____________ GRASZ, Circuit Judge.

Ascente Business Consulting, LLC hired DR myCommerce to build a web portal so that Ascente could sell its identity-theft-protection services to consumers. When the portal fell below Ascente’s expectations, it sued DR myCommerce and its parent company, Digital River, Inc. (collectively, “Digit