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Shareholder
Shareholder
Commercial Litigation, Intellectual Property Litigation, Professional Liability/Claim Prevention
Health Care, Law Firms and Lawyers, Technology
Mr. Hickey is a trial lawyer who represents businesses and individuals in complex commercial disputes, including intellectual property, unfair competition, and shareholder and class action litigation. He also represents lawyers and law firms in professional liability matters.
Mr. Hickey has handled several landmark cases in Minnesota and regularly appears before the Minnesota Supreme Court and Minnesota Court of Appeals. With more than 30 years of experience handling state and federal court matters and arbitration proceedings, he serves as counsel to clients ranging from Fortune 500 companies to individuals.
Mr. Hickey has tried and handled cases and appeals in numerous unfair competition cases for an international medical device company, defended a lawyer’s first amendment rights in a first-of-its-kind legal malpractice case, and obtained favorable outcomes in multiple nationwide class action cases involving hundreds of thousands of claimants.
Mr. Hickey has been consistently recognized by The Best Lawyers in America for his work in commercial litigation and insurance law, and by Super Lawyers every year since 2003. He is Chair of the Bassford Remele Intellectual Property Litigation Practice Group and served as the firm’s General Counsel for many years.
Education
Bar Admissions
Decision involving successful jury trial establishing breach of a noncompete resulting in issues of appropriate equity relief for the breach. St. Jude Medical, Inc. v. Carter, 913 N.W.2d 678, 685 (Minn. 2018).
Decision addressing application of the law of the flag doctrine in patent litigation cases; M-I Drilling Fluids UK Ltd. v. Dynamic Air Inc., 99 F. Supp. 3d 969 (D. Minn. 2015).
Decision holding that federal law does not preempt medical assistance lien asserted by state’s agent; Medica, Inc. v. Billingslea, 618 N.W.2d 616 (Minn. Ct. App. 2000).
Decision upholding dismissal of defamation claim against an attorney under the First Amendment; Richie v. Paramount Pictures, 544 N.W.2d 21 (Minn. 1996).
Decision upholding successful RICO jury verdict; United HealthCare Corp. v. Am. Trade Ins. Co., 88 F.3d 563 (8th Cir. 1996).
Additional Representative Cases
Defended regional business in obtaining favorable resolution of copyright infringement and unfair competition action involving software code for online transactions.
Decision upholding intra-firm attorney-client privilege.
Decision confirming validity and enforceability of term-of-years employment agreement in breach of contract and tortious interference suit resulting in seven-figure jury verdict, including attorneys’ fees award, for global medical device company.
Decision granting motion to dismiss and enforcing client’s forum selection provision, for global medical-device company.
Decision addressing whether an attorney was in privity with his client for purposes of application of res judicata; Rucker v. Schmidt, 794 N.W.2d 114 (Minn. 2011).
Decision granting summary judgment on trade dress and other claims.
Decision addressing the circumstances in which a personal representative of an estate can bring a legal malpractice action; Prof’l Fiduciary, Inc. v. Silverman, 713 N.W.2d 67 (Minn. Ct. App. 2006).
Decision addressing medical insurers right to assert subrogation rights under the Collateral Source statute; Kahnke v. Green, 695 N.W.2d 148 (Minn. Ct. App. 2005).
Decision upholding insurance coverage for mold damage to home; Parr v. Gonzalez, 669 N.W.2d 401 (Minn. Ct. App. 2003).
Decision enforcing health plan language permitting reimbursement for medical pay coverage; Medica, Inc. v. Atlantic Mut. Ins. Co., 566 N.W.2d 74 (Minn. 1997).
Decision upholding health insurer’s right to subrogate to underinsured motorist coverage; Commercial Union Ins. Co. v. Minn. School Bd. Ass’n, 600 N.W.2d 475 (Minn. Ct. App. 1999).
Decision addressing insurer’s right to equitable contribution under the Minnesota Insurance Guaranty Act; Maxwell Commc’ns v. Webb Publ’g Co., 518 N.W.2d 830 (Minn. 1996).
Decision addressing and upholding health plan’s right to seek reimbursement under contract terms; Hershey v. Physicians Health Plan, 498 N.W.2d 519 (Minn. Ct. App. 1992).
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Professional Achievements
Bar Associations
Professional Associations
Civic Involvement
Honors & Awards
ABA Formal Opinion No. 483, Data Breaches, and You, co-author, Bench & Bar of Minnesota, Mar. 2019