Greene Espel PLLP 222 South Ninth Street, Suite 2200, Minneapolis, MN 55402
Tel / 612.373.0830    Fax / 612.373.0929
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Kathryn Nikolai Hibbard - Attorney
khibbard@greeneespel.com
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612.373.8346
612.373.0929 fax

Assistant: Jennifer Onsgard
Phone: 612.373.8334

Education

  • J.D., University of St. Thomas School of Law, magna cum laude (2006)
  • B.S., Northwestern University (2002)

Experience

  • Minnesota Court of Appeals, The Honorable Wilhelmina M. Wright, Law Clerk (2006-2007)
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Kate Hibbard represents clients in litigation involving their most sensitive matters. She tailors her representation to focus on her client’s business objectives, with the goal of minimizing business disruption. While well-versed in settlement negotiations, Kate has first-chair trial experience and has led substantial discovery efforts, including in cases involving international issues.

Kate has represented clients faced with wide-ranging business issues, including shareholder disputes and intellectual property disputes, antitrust claims, employment matters, business torts, and governmental investigations. Kate has defended clients in personal-injury and wrongful-death suits.

Kate’s practice also includes the representation of government entities and their officials in litigation and appeals involving high-profile constitutional and financial disputes with significant precedent at stake.

Kate joined Greene Espel after clerking for the Honorable Wilhelmina M. Wright, then of the Minnesota Court of Appeals. Kate is a graduate of the University of St. Thomas School of Law, magna cum laude, where she currently serves on the Board of Governors. Kate earned her Bachelor of Science degree from Northwestern University.

REPRESENTATIVE CASES

Business Litigation and Intellectual Property

  • Represented securities lending participants in a federal action alleging, among other claims, that the defendant bank breached its contractual and fiduciary obligations by investing in unsuitable investments.
  • Represented a major financial services firm in federal litigation and companion FINRA arbitration seeking the return of nonpublic personal and financial information and to enforce non-solicitation agreements. 
  • Represented a client asserting claims for breach of contract and intellectual property violations against domestic and international defendants, and defended that client against monopolization and tortious interference counterclaims. Secured a permanent injunction and damages judgment of more than $20 million against a defendant located in Spain.
  • Defended a client located in Italy against claims for breach of a design agreement, and pursued counterclaims for copyright infringement, unfair competition, and deceptive trade practices. 
  • Represented clients in matters involving special litigation committees.

Public Sector Litigation

  • First chaired a seven-day jury trial in which the plaintiff asserted negligence claims against a city’s public utilities commission.  The matter also involved contribution and indemnity claims asserted by the client against a third-party defendant, which were resolved before trial through a settlement that required a six-figure payment by the third-party defendant and an assignment of the third-party defendant’s subrogation rights to the client.
  • Represented the City of Red Wing in a lawsuit brought by landlords and tenants challenging the constitutionality of the City’s rental-housing inspection ordinance. The Minnesota Court of Appeals and the Minnesota Supreme Court affirmed summary judgment in favor of the City. McCaughtry v. City of Red Wing, No. A10-332 (Minn. May 31, 2013).
  • Represented amicus curiae League of Minnesota Cities in In Re Temporary Funding of Core Functions of the Executive Branch of the State of Minnesota, which involved the 2011 Minnesota government shutdown.
  • Represented the City of Monticello in a lawsuit seeking to enjoin the City’s plans to construct a fiber network, and secured an order dismissing the lawsuit, which was affirmed on appeal. Bridgewater Telephone Co. v. City of Monticello, 765 N.W.2d 905 (Minn. Ct. App. 2009), review denied (Minn. Jun. 16, 2009). Thereafter, obtained a $1.5 million settlement in favor of the City, based on the surety bond order secured from the district court, which required the payment of loss or damage caused to the City resulting from the pendency of the lawsuit.

Class Actions

  • Defended a city in a securities fraud class action lawsuit venued in federal district court.
  • Defended a city against a purported class’s claims challenging the city’s water and wastewater rates, and secured decertification.
  • Defended the City of Fargo in a class action lawsuit venued in federal district court in North Dakota.
  • Defended a client in a class action lawsuit venued in federal district court involving alleged violations of federal and state wage and hours laws, and successfully narrowed the purported class to two individuals.

BAR ADMISSIONS

  • U.S. District Court for the District of Minnesota
  • State Bar of Minnesota

PROFESSIONAL AFFILIATIONS

  • Federal Bar Association
  • Hennepin County Bar Association
  • Minnesota State Bar Association
  • Minnesota Women Lawyers

AWARDS AND OTHER RECOGNITION

  • Selected to Rising Stars list, Minnesota Super Lawyers (2013-2016)
  • Presidential Scholarship Recipient (full tuition), University of St. Thomas School of Law

PUBLICATIONS

  • "Wal-Mart (v. Dukes) Sells Rule 23’s New Roadmap," ABA Antitrust Business Torts & Civil RICO Committee, Vol. 8, Issue 1 (Fall 2011) (with Beth D. Krueger).
  • “Crisis Management” (Chapter 20), Product Liability Litigation: Current Law, Strategies and Best Practices (Practicing Law Institute 2009).

TEACHING AND LECTURING

  • Excessive Force: Recent Federal and State Cases Every Practitioner Should Know, Police Liability Seminar, Lorman Education Services (May 2013).
  • Experts for Impact: Presenting Expert Trial Testimony So That It Is Understandable, Interesting, and Persuasive, Minnesota Defense Lawyers Association Trial Techniques Seminar (August 2010).

COMMUNITY INVOLVEMENT

  • University of St. Thomas School of Law, Board of Governors, Former President of the Alumni Board of Directors, and Annual Fund Committee
  • Minnesota Women Lawyers – Member Outreach Committee Co-Chair 
Kathryn Nikolai Hibbard - Attorney

khibbard@greeneespel.com
612.373.8346
612.373.0929 fax


Assistant: Jennifer Onsgard
Phone: 612.373.8334

Education

  • J.D., University of St. Thomas School of Law, magna cum laude (2006)
  • B.S., Northwestern University (2002)

Experience

  • Minnesota Court of Appeals, The Honorable Wilhelmina M. Wright, Law Clerk (2006-2007)

Kate Hibbard represents clients in litigation involving their most sensitive matters. She tailors her representation to focus on her client’s business objectives, with the goal of minimizing business disruption. While well-versed in settlement negotiations, Kate has first-chair trial experience and has led substantial discovery efforts, including in cases involving international issues.

Kate has represented clients faced with wide-ranging business issues, including shareholder disputes and intellectual property disputes, antitrust claims, employment matters, business torts, and governmental investigations. Kate has defended clients in personal-injury and wrongful-death suits.

Kate’s practice also includes the representation of government entities and their officials in litigation and appeals involving high-profile constitutional and financial disputes with significant precedent at stake.

Kate joined Greene Espel after clerking for the Honorable Wilhelmina M. Wright, then of the Minnesota Court of Appeals. Kate is a graduate of the University of St. Thomas School of Law, magna cum laude, where she currently serves on the Board of Governors. Kate earned her Bachelor of Science degree from Northwestern University.

REPRESENTATIVE CASES

Business Litigation and Intellectual Property

  • Represented securities lending participants in a federal action alleging, among other claims, that the defendant bank breached its contractual and fiduciary obligations by investing in unsuitable investments.
  • Represented a major financial services firm in federal litigation and companion FINRA arbitration seeking the return of nonpublic personal and financial information and to enforce non-solicitation agreements. 
  • Represented a client asserting claims for breach of contract and intellectual property violations against domestic and international defendants, and defended that client against monopolization and tortious interference counterclaims. Secured a permanent injunction and damages judgment of more than $20 million against a defendant located in Spain.
  • Defended a client located in Italy against claims for breach of a design agreement, and pursued counterclaims for copyright infringement, unfair competition, and deceptive trade practices. 
  • Represented clients in matters involving special litigation committees.

Public Sector Litigation

  • First chaired a seven-day jury trial in which the plaintiff asserted negligence claims against a city’s public utilities commission.  The matter also involved contribution and indemnity claims asserted by the client against a third-party defendant, which were resolved before trial through a settlement that required a six-figure payment by the third-party defendant and an assignment of the third-party defendant’s subrogation rights to the client.
  • Represented the City of Red Wing in a lawsuit brought by landlords and tenants challenging the constitutionality of the City’s rental-housing inspection ordinance. The Minnesota Court of Appeals and the Minnesota Supreme Court affirmed summary judgment in favor of the City. McCaughtry v. City of Red Wing, No. A10-332 (Minn. May 31, 2013).
  • Represented amicus curiae League of Minnesota Cities in In Re Temporary Funding of Core Functions of the Executive Branch of the State of Minnesota, which involved the 2011 Minnesota government shutdown.
  • Represented the City of Monticello in a lawsuit seeking to enjoin the City’s plans to construct a fiber network, and secured an order dismissing the lawsuit, which was affirmed on appeal. Bridgewater Telephone Co. v. City of Monticello, 765 N.W.2d 905 (Minn. Ct. App. 2009), review denied (Minn. Jun. 16, 2009). Thereafter, obtained a $1.5 million settlement in favor of the City, based on the surety bond order secured from the district court, which required the payment of loss or damage caused to the City resulting from the pendency of the lawsuit.

Class Actions

  • Defended a city in a securities fraud class action lawsuit venued in federal district court.
  • Defended a city against a purported class’s claims challenging the city’s water and wastewater rates, and secured decertification.
  • Defended the City of Fargo in a class action lawsuit venued in federal district court in North Dakota.
  • Defended a client in a class action lawsuit venued in federal district court involving alleged violations of federal and state wage and hours laws, and successfully narrowed the purported class to two individuals.

BAR ADMISSIONS

  • U.S. District Court for the District of Minnesota
  • State Bar of Minnesota

PROFESSIONAL AFFILIATIONS

  • Federal Bar Association
  • Hennepin County Bar Association
  • Minnesota State Bar Association
  • Minnesota Women Lawyers

AWARDS AND OTHER RECOGNITION

  • Selected to Rising Stars list, Minnesota Super Lawyers (2013-2016)
  • Presidential Scholarship Recipient (full tuition), University of St. Thomas School of Law

PUBLICATIONS

  • "Wal-Mart (v. Dukes) Sells Rule 23’s New Roadmap," ABA Antitrust Business Torts & Civil RICO Committee, Vol. 8, Issue 1 (Fall 2011) (with Beth D. Krueger).
  • “Crisis Management” (Chapter 20), Product Liability Litigation: Current Law, Strategies and Best Practices (Practicing Law Institute 2009).

TEACHING AND LECTURING

  • Excessive Force: Recent Federal and State Cases Every Practitioner Should Know, Police Liability Seminar, Lorman Education Services (May 2013).
  • Experts for Impact: Presenting Expert Trial Testimony So That It Is Understandable, Interesting, and Persuasive, Minnesota Defense Lawyers Association Trial Techniques Seminar (August 2010).

COMMUNITY INVOLVEMENT

  • University of St. Thomas School of Law, Board of Governors, Former President of the Alumni Board of Directors, and Annual Fund Committee
  • Minnesota Women Lawyers – Member Outreach Committee Co-Chair 

Practice Areas

Business Litigation Compliance and Anti-Corruption Employment Litigation, Investigations and Counseling Government and Constitutional Litigation Intellectual Property Internal Investigations and White Collar Criminal Defense Products Liability Accountant Liability