Phil Kaplan uses litigation as a tool to help clients solve complex problems that interfere with their businesses.
Phil litigates a wide range of business-related disputes, with an emphasis on real estate and shareholder litigation. In the real estate and shareholder arenas, Phil has represented clients in lawsuits involving lease interpretation and enforcement, land use, real estate purchases, shareholder buyouts, and fiduciary duties in privately-held companies. He has also represented clients in breach of contract, unfair competition, professional malpractice, employment, intellectual property, and trade secret cases.
Phil represents both plaintiffs and defendants. His clients include individuals, small businesses, and large corporations.
Phil has appeared in multiple state and federal courts and before arbitration panels. He has experience at every stage of the litigation process, from the start of a lawsuit through appeal.
Phil recognizes that litigation is a means to an end — not an end in itself. From the beginning of each case, Phil works with clients to determine their ultimate business objectives and formulate strategies to effectively and efficiently meet those objectives. Phil has achieved favorable results for clients by keeping their individual goals in mind, rather than taking a one-size-fits-all approach to litigation.
Represented a real estate developer who claimed that a debtor fraudulently transferred property in Minot, North Dakota to avoid paying the developer’s debt. After the trial court dismissed the developer’s fraudulent transfer claims, Anthony Ostlund successfully appealed to the North Dakota Supreme Court, which reversed the trial court’s decision.
Defended the owner and developer of Mayo Clinic Square (formerly Block E) in Downtown Minneapolis in a lease dispute regarding our client’s redevelopment of the building and calculation of a tenant’s share of water bills. The parties reached a settlement agreement shortly before trial.
Represented the owner of the Downtown East property across from the Metrodome, which included a Plaza used for Vikings game-day concessions and events. To resolve a dispute over the Minnesota Sports Facilities Authority’s current and future use of the property, Anthony Ostlund negotiated a purchase agreement that required the Authority to buy the property for $17.1 million, $12.6 million more than its tax-assessed value.
Represented the owner of Block E (now known as Mayo Clinic Square) in Downtown Minneapolis in a dispute over the duration of the AMC movie theater’s lease, which had allowed AMC to use about 40% of the building effectively rent-free for 10 years. Anthony Ostlund successfully moved for summary judgment declaring that a purported option to extend the lease for another 10 years was actually an unenforceable “agreement to agree.”
Represented the owner of the historic Pioneer-Endicott building in Downtown St. Paul in a dispute over damages a long-time tenant had caused to the building. The case settled after the trial court entered a key ruling in favor of Anthony Ostlund’s client on the proper measure of its damages.
Represented Melanie Barry and Twin City Fan Companies in well-publicized, multi-faceted litigation against Charles Barry, including a divorce proceeding in Florida, an arbitration in Minnesota regarding Mr. Barry’s employment agreement, and multiple shareholder lawsuits in Minnesota state court. The parties reached a settlement agreement after months of discovery and motion practice and the issuance of a favorable special litigation committee report.
Represented a minority partner of a family-owned business in a lawsuit against her partners. Anthony Ostlund negotiated a buyout of its client’s ownership interest on the eve of trial.
Defended a shareholder and officer of a Delaware corporation in a lawsuit started by a fellow shareholder following a corporate merger. All claims against Anthony Ostlund’s client were dismissed.
Represented a shareholder whose co-shareholder had begun to unfairly compete with the company. The case settled after the Minnesota Court of Appeals entered a decision in favor of Anthony Ostlund’s client.
Represented an adhesives manufacturer who claimed, in two separate lawsuits, that its intellectual property had been improperly disclosed. Anthony Ostlund negotiated a favorable settlement of one lawsuit, and later settled the second lawsuit after successfully defeating multiple dispositive motions, a motion to compel arbitration, and an appeal by the defendants.
Defended an agricultural equipment distributor against claims brought by a drone manufacturer. The parties settled the case after Anthony Ostlund found evidence that undermined the manufacturer’s claims in discovery.
Represented a loose fill manufacturer in a case against its distributor – a large, national seller of packaging products that had started selling a competitive loose fill. The parties settled their dispute as part of an agreement by the distributor to buy the operating assets of Anthony Ostlund’s client.
Pursued accounting malpractice claims against a Big Four accounting firm on behalf of a group of individual clients. Anthony Ostlund negotiated a favorable settlement for its clients after a two-week arbitration hearing.
Defended the University of Minnesota’s former head golf coach in a lawsuit brought by a former associate women’s golf coach. All claims against Anthony Ostlund's client were dismissed.
Successfully moved to dismiss all claims against Anthony Ostlund’s client, a Chicago- based company, for lack of personal jurisdiction.
Successfully moved to dismiss all claims against Anthony Ostlund’s client, a California- based company, for lack of personal jurisdiction.
Defended a dental care provider in a lawsuit brought by former employees of a separate company that provided administrative services to Anthony Ostlund’s client. All claims against Anthony Ostlund’s client were dismissed.
Volunteer, Children's Law Center
Volunteer, Metropolitan Economic Development Association (MEDA)
Volunteer, University of Minnesota Business Law Clinic
Member, National Association for Industrial and Office Parks (NAIOP) (inactive)
Member, Hennepin County Bar Association – Business and Securities Law, Civil Litigation, Landlord/Tenant, and Real Property Sections
Member, Minnesota State Bar Association – Appellate Practice Section
Member, Federal Bar Association
Get Out: How to Force a Non-Statutory Buyout From a Company, Attorney At Law Magazine - Minnesota Edition, October 2018
Great, Now How Am I Supposed to Value an S Corp? Minnesota Lawyer - Partner Content, May 2018
Getting Credits (And Debits): Accounting Basics for Lawyers, Attorney at Law Magazine - Minnesota Edition, November 2017
Broker Beware: Get Your Commission Agreements in Writing, Minnesota Lawyer - Partner Content, April 2017
Of Landlords and Tenants: How Commercial Leases Can Go Awry, Attorney at Law Magazine - Minnesota Edition, August 2016
Developing Stories: A Primer on Building Height Restrictions, Attorney at Law Magazine - Minnesota Edition, May 2015
In Defense of Appraisers: Strategies for Minimizing Appraiser Liability Risk, Attorney at Law Magazine - Minnesota Edition, October 2014
Representing a Landowner in the Context of a Stadium Development, Hennepin County Bar Association, December 12, 2013