200 South Sixth Street, Suite 1200, Minneapolis, MN 55402    Tel: 612.373.0830
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Robert J. Gilbertson - Attorney
BGilbertson@GreeneEspel.com
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612.373.8333
612.373.0929 fax

Education

  • J.D., University of Michigan, cum laude (1991)
  • B.A., Carleton College, cum laude, Stimson Prize

Experience

  • Robins, Kaplan, Miller & Ciresi L.L.P., Associate (1991-1998), Partner (1999-2009)
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Bob Gilbertson joined the firm in 2009 after 17 years of practice with a large Minneapolis firm. Bob is an experienced trial lawyer who has successfully handled litigation and arbitrations across the United States in cases involving intellectual property, commercial disputes, products liability, and insurance. He has tried cases to verdict in all of these areas and has handled cases in 30 states around the country. He also has deep experience representing companies faced with putative class action and antitrust lawsuits, having defended 35 such actions in 16 different states around the country. Bob is committed to excellence in the courtroom and involvement in the community and has received honors for both.



REPRESENTATIVE EXPERIENCE

Clients turn to Bob to handle commercial litigation and technology-oriented cases involving patent, trademark, and trade secret claims, as well product liability and industrial catastrophe insurance claims. Here are some examples:

INTELLECTUAL PROPERTY: Bob represents clients in a wide variety of industries as plaintiffs and defendants in patent, trademark, trade dress, false advertising, and trade secret actions in courts around the country. In a 2009 case, his client won a dismissal of a patent infringement action in Ductcap Products v. J&S Fabrication (D. Minn. Oct. 2, 2009). He has also represented clients in infringement actions before the U.S. International Trade Commission, a fast-paced venue that puts a premium on judgment and efficiency. Bob focuses on learning the technology involved in patent infringement and other intellectual property cases in a way that will help him explain it to judges and juries who don’t happen to have relevant technical training.


COMMERCIAL LITIGATION: Bob has been handling commercial disputes for his entire career. He has, for example, successfully represented a major railroad seeking to clarify trackage rights, a national retailer accused of fraud in connection with a new line of business, a financial-services business asserting contract and fraud claims against an investment bank, and a duty-free business asserting antitrust and other claims against a competitor. In one of his current cases, he represents a Fortune 100 company defending against fraud and other claims arising out of the purchase and subsequent sale of a seafood business. He helped his client win summary judgment in that case in Superior Seafoods v. Tyson Foods, et al. (D. Minn. Mar. 31, 2009).


CLASS ACTIONS: Bob is frequently called upon to defend major corporations facing fraud, antitrust, RICO, and other claims asserted as putative class actions. For example, he secured summary judgment for his client in a putative nationwide consumer class action brought against his client in Tennessee in Edwards v. Danka (M.D. Tenn. Oct. 17, 2006). He has defended 35 putative class actions filed in 16 different jurisdictions and seeking, in some cases, billions of dollars in damages. Only one litigation class has been certified in those cases, and that certification was reversed on appeal.

PRODUCT LIABILITY: Bob has handled products liability cases in 19 states and has taken such cases to trial in Arizona, Illinois, Michigan, Minnesota, and Tennessee. For example, Bob recently and successfully defended an equipment manufacturer faced with major personal injury claims in a case arising out of an industrial accident in Ohio. As with intellectual property cases, Bob enjoys the opportunity afforded in products cases to learn technology from experts and teach technology to non-experts.


INSURANCE COVERAGE: Bob enjoys the contract interpretation challenges associated with insurance coverage disputes and has handled such matters involving property, liability, and other coverages. For example, his client prevailed in an insurance coverage dispute in St. Mary’s Foundry v. Employers Insurance of Wausau (6th Cir. 2003).


INDUSTRIAL CATASTROPHES: When a major industrial loss occurs, Bob is adept at handling complicated and time-sensitive issues presented by loss investigations, insurance claims, and subsequent litigation over insurance policy and liability issues. He has been involved in litigation arising out of some of the nation’s largest industrial catastrophes, such as the 1991 Americold warehouse fire in Kansas, the 1999 Olympic pipeline explosion in Washington, and the 2009 North Star Foods fire in Minnesota. He has brought and defended dozens of claims arising out of such disasters and has counseled clients on how to navigate their way beyond them.


APPEALS: Bob has handled or consulted on appeals in ten different states. In 2008, for example, he argued an appeal in the Second Circuit Court of Appeals in Hackert v. BRK (2d Cir. 2008), in which his client obtained an affirmance of a favorable district court judgment. Bob enjoys the intellectual challenge of appeals, and finds that his appellate experience is helpful when he is in the trial court as well.


PRO BONO: For many years, Bob has represented refugees seeking asylum in the United States. For example, he represented the petitioner in Hassan v. Reno, a 2000 case that successfully challenged the deportation of a young man to Somalia. If you want to hear a remarkable story, ask Bob about his first asylum client.


BAR ADMISSIONS

State of Minnesota
U.S. District Court, District of Minnesota
U.S. District Court, Eastern District of Michigan
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, District of North Dakota
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Eighth Circuit

PROFESSIONAL AFFILIATIONS

Intellectual Property Owners Association (IPO)
      IPO Trade Secrets Committee
American Intellectual Property Law Association
American Bar Association
     ABA Tort Trial & Insurance Practice Section
          Former Chair, TIPS Business Litigation Committee
          Former Vice-Chair, Property Insurance Law Committee
     ABA Section of Antitrust Law
     ABA Section of Litigation
Federal Bar Association
Minnesota State Bar Association
ITC Trial Lawyers Association

AWARDS AND OTHER RECOGNITION

Named a "Rising Star" and a "Super Lawyer" by Minnesota Journal of Law & Politics
Led teams that received the Volunteer Award, The Advocates for Human Rights (1998 and 2004)


PUBLICATIONS

"Recent Developments in Business Torts Law," Tort Trial & Insurance Practice Law Journal (Winter 2003) (co-author)
"Recent Developments in Business Torts Law," Tort Trial & Insurance Practice Law Journal (Winter 2002) (co-author)
"Property Insurance Annotations - Fire and Extended Coverages, 3d ed. (1998), published by the ABA TIPS Property Insurance Law Committee (contributor)
"For Spoliating Parties, Courts Don't Spare the Rod," National Law Journal (September 8, 1997) (co-author)

TEACHING AND LECTURING

Instructor, University of Michigan Law School - Legal Writing and Advocacy (1990-1991)
Adjunct  Professor, William Mitchell College of Law - Appellate Advocacy (2004)