CGreene@GreeneEspel.comDownload vCard
Education
- J.D., Cornell Law School, cum laude (1976); Editor, Cornell International Law Journal
- B.A., Harvard College, Government, cum laude (1973)
Experience
- Popham, Haik, Schnobrich and Kaufman, Ltd., Senior Attorney/Shareholder (1976-1993); Chair, Litigation Department (coordinating 60+ trial attorneys) (1986-1989)
Cliff Greene is recognized as one of Minnesota's most respected trial advocates. In 2005, Cliff's peers voted him one of Minnesota's top 10 "Super Lawyers." He represents business clients in commercial litigation and manufacturers in national product liability and consumer fraud actions. Cliff regularly defends government agencies and officials in constitutional litigation involving high-profile claims with significant precedent at stake. He mediates and arbitrates commercial disputes. Cliff has been appointed by three different chief judges of the federal court to chair the Local Rules Advisory Committee. In 1998, Cliff was honored as the first Distinguished Practitioner in Residence of the William Mitchell College of Law. Cliff serves on the Boards of Trustees of William Mitchell and the Jewish Community Relations Council, and is a former member of the Minnesota Supreme Court Task Force on Racial Bias in the Judicial System. Click here to view Cliff's full biography.
REPRESENTATIVE CASES
Products Liability
National Counsel, Blood Therapy Litigation. Selected as one of four national counsel by a Fortune 250 medical services corporation defending class actions and federal and state personal injury claims involving vital blood therapy. Responsibilities include design and implementation of nationwide defense strategy, development of testimonial and documentary evidence, recruitment and cultivation of scientific and medical experts, and coordination of defense of specific claims in Midwest region.
Reported Cases include: Doe v. Travenol Laboratories, Inc., 698 F.Supp. 780, 8 UCC Rep.Serv.2d 1003, Prod.Liab.Rep. (CCH) P. 12,073 (D.Minn. 1988)
Employment
City of Brooklyn Center v. LELS, 635 NW2d 236 (Minn. App. 2001) (established “public policy” exception to enforcement of arbitration awards).
Fields v. Minnesota Police Recruitment System, 1998 WL 40507 (Minn. App. 1998) (successful appeal of class-wide remedy for discriminatory testing case not filed as class action).
Land Use
Mendota Golf v. City of Mendota Heights, 708 N.W.2d 162 (Minn. 2006) (reversing trial court order permitting residential development of golf course despite comprehensive plan).
Wheeler v. City of Wayzata, 533 N.W.2d 405 (Minn. 1995).
Public Sector
Bloss v. University of Minnesota, 590 N.W.2d 661 (Minn. App. 1999).
Erickson v. Macarthur, 414 N.W.2d 406 (Minn. 1987) (establishing privilege for internal affairs investigation documents).
Weseman v. Meeker Cy., 659 F. Supp. 1571 (D. Minn. 1987).
Barlau v. City of Northfield, 568 F. Supp. 181 (D.Minn. 1983).
Defamation
Huyen v. Driscoll, 479 N.W.2d 76 (Minn. App. 1991).
Lee v. Metropolitan Airports Com’n, 428 N.W.2d 815, 31 Indiv.Empl.Rts.Cas. (BNA) 1152 (Minn. App. 1988).
Anderson v. Jesse Ventura, Hennepin County District Court File No. PI 93-008900, (unpublished slip. op.) (summary judgment on behalf of then-mayor Jesse Ventura, who had been accused of defamation after calling for an investigation of alleged business improprieties at a municipal golf course).
Business and Insurance Litigation
Federal Deposit Ins. Corp. v. National Ass’n of Securities Dealers, Inc., 582 F. Supp. 72, Fed. Sec. L. Rep. P 99,703 (S.D. Iowa 1984) (liability of industry organization for negligence of member).
Pabst Brewing Co. v. Anger, 610 F.Supp. 214, 6 Employee Benefits Cas. 2029 (D. Minn. 1985) (EISA).
Jorstad v. IDS Realty Trust, 643 F.2d 1305, Fed. Sec. L. Rep. P 97,902 (8th Cir. 1981) (securities fraud).
Allianz Life Insurance Company of North America v. American Phoenix Life and Reassurance Company, et al., CIV 99-CV-802 DWF/AJB (D. Minn. 2000) (arbitrability of reinsurance dispute).
Special Master
In Re Blia Lee v. Life Investors Insurance Company of America, Hennepin County District Court File No. 03-15180.
In Re Federal Tobacco Cases; see e.g. Thompson v. American Tobacco, Inc., 189 F.R.D. 544, 1999 WL 1054681 (D. Minn. 1999).
Group Health v. Phillip Morris, 68 F. Supp. 2d 1064 (D. Minn. 1999) 86 F. Supp. 2d 912 (D. Minn. 2000).
Jordan v. Western Diversified Life Insurance Company, Hennepin County District Court File No. Civ. 96-16337, Alton, J. (Mediated successful settlement of insurance policy class action).
BAR ADMISSIONS
U.S. Supreme Court
Eighth Circuit Court of Appeals
Minnesota Federal District Court
State Bar of Minnesota
PROFESSIONAL AFFILIATIONS
Minnesota State Bar Association
Committee on Pro Bono in the Public Sector , Co-Chair (2004-2007)
Section of Litigation; Founding Member
Federal Practice Committee (Minn)
American Bar Association Foundation, Elected Fellow (2001)
Federal Local Rules Advisory Committee, District of Minnesota; Chair, (1989-2001)
William Mitchell College of Law; Trustee (1997-2006)
Supreme Court Task Force on Racial Bias in the Judicial System
Chair, Committee on Police-Community Relations (1991-1993)
Minneapolis Legal Aid Society; Board of Directors (1985-87)
ABA Section of Urban, State, and Local Government; Governing Council
Director of Continuing Legal Education (1990-1991)
AWARDS AND OTHER RECOGNITION
Best Lawyers in America - Commercial Litigation (2010)
Benchmark Litigation, The Guide to America's Leading Firms and Attorneys (2010)
Chambers USA, America's Leading Lawyers for Business-The Client's Guide - leading commercial litigator (2009)
“Top Ten” Super Lawyer, as selected by Minnesota Law & Politics survey (2005)
"Top 100" Super Lawyer, as selected by Minnesota Law & Politics survey (multiple years)
Recipient of 2001 Leadership Award from the International Leadership Institute
2001 Award from Minnesota Federal Judges in Recognition of Years of Service as Chair of Local Rules Advisory Committee
2006 Products Liability Advisory Council (PLAC)
Recognition in appreciation of special contribution to the success of PLAC’s programs
PUBLICATIONS
Books
Co-author, Kunz, et al. The Process of Legal Research (Little Brown, 1986)
Articles
"A Delicate Balance: Government Immunities Under Federal Law" Bench & Bar (July 1998)
"Land Use Regulation — a New Ball Game?" The Hennepin Lawyer (October-November 1987), excerpts previously published in City Business - Minneapolis/St. Paul (August 1987)
"42 U.S.C. § 1983: "Keeping Pace with New Decisions and Litigation Strategies" Minnesota Defense Lawyer (Fall, 1986)
Essays
"‘Mr. T’ in Pinstripes (or why lawyers don’t settle)," Minneapolis City Business (1983)
TEACHING AND LECTURING
Academic Positions
William Mitchell College of Law
"Distinguished Practitioner in Residence" (Spring1998). Courses taught: Federal Courts and Scientific Evidence
Associate Professor (1981-1982). Courses taught: Torts and Co-Coordinator for Legal Writing Program
Adjunct Professor (2000). Course taught: Litigation in the High-Tech Age
Adjunct Professor (1983-1984). Course taught: Civil Rights
University of Minnesota Law School
Adjunct Professor (Summer Semester 2000). Course taught: The Law of Evidence
Professional Education Group
Programs for national audiences on trial-related topics
Programs for Judges
"Experts in Minnesota State Courts after the Rejection of Daubert," Annual Minnesota State Judges’ Conference with Sarah Brew (December 2000)
"A Guide to § 1983," Presented at Federal Courts Practices, Minnesota Legal Services Coalition (May 2000)
"The Judge’s Role as Gatekeeper: Responsibilities and Powers," Annual Minnesota State Judges’ Conference (December 1998)
Seminars for National Audiences
Presented in cooperation with the Professional Education Group (www.proedgroup.com)
"Electronic Discovery: Opportunities, Obligations and Argument," Co-sponsored by Ontrack Data International. Presented in Alabama, Indiana, and Missouri.
"Officials Under Fire — Liability in the Public Sector." Presented in New Mexico, Mississippi and Missouri
"Developments in Section 1983 Liability," Presented at the Fall National Conference of the American Bar Association Section of Urban, State and Local Government (Kansas City, 1999)
Evidence and Trial Practice
“The Attorney-Client Privilege and Work Product Immunity for In-House Counsel,” Presented at the Association of Corporate Counsel-Minnesota Chapter Annual Conference
“Corporate Counsel as Witness:The Avoidable and Unavoidable Scenarios Exposing In-House Counsel to Depositions,” Presented at Client Legal Affairs Global Conference
"Admissibility of Expert Testimony-The Frye-Mack Standard," Presented at Minnesota Products Liability Seminar, MILE (April 4, 2001)
"Discovery Dilemmas in a High Tech World," Presented at Using Technology in Litigation, Minnesota State Bar Association (February 2000)
"Defining the Ethical Bounds of Advocacy," Presented at Winning by Motion: Resolving 8 Dilemmas in Motion Practice, Minnesota State Bar Association (November 1999); Course Co-Chair and Lecturer
"Technology in the Courtroom," St. Paul City Attorney’s Office (January 1999)
"The Professional Expert in MDL Litigation: Does Daubert Solve the Problem?," Minnesota Institute of Legal Education Industrywide Litigation (1999)
"New Trends in Law Firm Practice and its Implications for Legal Education," WMCL Faculty colloquium; (March 1998)
"Daubert and the Soft Sciences," University of Minnesota Law School First Annual Irving Younger Memorial Lectures on Evidence and Trial Practice (1998)
Constitutional Law and Government Litigation
"Downstream Liability for Private and Public Sector Employers in Terrorism and Disaster Scenarios"
"Police-citizen Cooperation to Prevent Terrorism and the Impact of September 11, 2001," Minnesota Chapter of Intragard (Co-sponsored by FBI), (January and March 2002)
"Managing Liability of Disaster Responders: Moral, Legal, Ethical Issues in a Disaster Caused by Chemical or Biological Agents," Integrated Response to Disaster Conference, sponsored by National Disaster Medical System (1999)
"Constitutional Torts: Can you make a Federal Case Out of It?" Presented at Torts Frontier Issues, Minnesota Institute of Legal Education (1999)
"New Views of Eleventh Amendment and Section 1983 Immunities," Office of the Attorney General In-house CLE (February 1998)
Employment Law & Litigation
“Is This Claim Summary-Judgment Proof? – Tortious Interference Suits Against Colleagues and Supervisors” and “The 7 Hottest Claims (and Their Defenses) in Public Sector Employment Litigation,” Presented at 2006 Upper Midwest Employment Law Institute
“Public Sector Update:A Focus on Constitutional Due Process and Certiorari Review,” Presented at Minnesota CLE’s Employment Law Institute (May 2005)
"A Guide to § 1983 Litigation in Public Sector Employment Disputes," 17th Annual Upper Midwest Employment Law Institute (May 2000)
"Liability and Defenses for Wrongful Administrative Investigations," Complaint Investigation Institute, Executive Course (WMCL) (January 1998)
COMMUNITY INVOLVEMENT
Jewish Community Relations Council of Minnesota
Vice President (2006-Present)
Board Member (2005-Present)
Police Chief Selection Advisory Committee
Member, Appointed by Mayor Sharon Sayles Belton (1995-1996)
Minneapolis Commission on Civil Rights
Member, Appointed by Mayor Donald Fraser (1982-1985)
Temple Israel (Minneapolis)
Board of Trustees (2001)
Vice President, Executive Committee (1998-2001)
Hopkins Minnetonka Recreation and Hopkins Boys’ Traveling Basketball Association
Youth Basketball Coach (1986-1994)