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Kevin P. Hickey

Shareholder

Kevin P. Hickey

Shareholder

Practice Groups

Commercial Litigation, Intellectual Property Litigation, Professional Liability/Claim Prevention

Industry Groups

Health Care, Law Firms and Lawyers, Technology

Overview

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 25 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 is Chair of the Bassford Remele Intellectual Property Litigation Practice Group and serves as the firm’s General Counsel.

Education & Admissions

Education

  • University of Minnesota Law School, J.D., cum laude, 1989
    • Law and Inequality Journal, Managing Editor
  • University of Minnesota, B.A., 1985

Bar Admissions

  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Federal Circuit 
  • U.S. District Court, District of Minnesota
  • U.S. District Court, District of North Dakota
  • U.S. District Court, Western District of Wisconsin
  • Minnesota
  • Wisconsin

Experience

Representative Cases

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. 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
Decision upholding intra-firm attorney-client privilege; JJ Holand Ltd. v. Fredrikson & Byron, P.A., 2014 WL 5307606 148258 (D. Minn. Oct. 16, 2014).

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; St. Jude Med. S.C., Inc. v. Biosense Webster, Inc., 2013 WL 5508389 (Minn. App. Oct. 7, 2013), review denied (Minn. Dec. 17, 2013).

Decision granting motion to dismiss and enforcing client’s forum selection provision; Biotronik, Inc. v. St. Jude Med. S.C., Inc., 2012 WL 3264046 (D. Or. Aug. 5, 2012).

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; Buffalo Wild Wings, Inc. v. Buffalo Wings & Rings, 2011 WL 4537970 (D. Minn. Sept. 29, 2011).

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. 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. App. 2005).

Decision upholding insurance coverage for mold damage to home; Parr v. Gonzalez, 669 N.W.2d 401 (Minn. 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. 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. App. 1992).

Professional & Civic

Professional Achievements

  • American Bar Association, Fellow

Bar Associations

  • Federal Bar Association
  • American Bar Association
    • Science and Technology Law Section
    • Tort Trial and Insurance Practice Section
  • Minnesota State Bar Association
  • State Bar of Wisconsin
  • Hennepin County Bar Association

Professional Associations

  • Minnesota Defense Lawyers Association
  • Defense Research Institute
    • Technology Committee

Civic Involvement

  • Volunteer Lawyers Network
  • Youth Football Coach

Accolades

Honors & Awards

  • The Best Lawyers in America©, 2014-present
  • Rated AV Preeminent® by Martindale-Hubbell®
  • Minnesota Super Lawyers list, Super Lawyers, 2001, 2003-present

Seminars

  • Legal Ethics and Malpractice 2018: Identifying Trends and Practical Tips for Meeting the Challenges, panelist, Minnesota State Bar Association Annual Convention, 2018
  • New Developments in Ethics and Professional Responsibility, presenter, Civil Litigator's Annual Short Course, Minnesota Continuing Legal Education, 2017 and 2018
  • Trademark Litigation Fundamentals: What To Do When Your Smaller Client Draws Unwanted Attention From the 800 Pound Gorilla, presenter, Trademark Law Seminar, Hennepin County Bar Association, 2013
  • ERISA Liens, presenter, Minnesota Motor Vehicle Accident Seminar, Minnesota State Bar Association, 2009
  • Health Plan Subrogation and Reimbursement under ERISA, presenter, How to Handle Motor Vehicle Accidents in Minnesota Seminar, Minnesota State Bar Association, 2006
  • ERISA Issues in Light of the Knudson Decision, presenter, Hennepin County Bar Association, Webcast on WestLegaledCenter.com, 2003
  • ERISA Subrogation, presenter, Motor Vehicle Accident Cases Seminar, Minnesota State Bar Association, 2002
  • Subrogation Issues in UM and UIM Claims, presenter, Handling Motor Vehicle Accident Cases Seminar, Minnesota State Bar Association, 1999
  • Health Care Subrogation Claims, presenter, Insurance Subrogation Seminar, Minnesota Institute of Legal Education, 1999