Philip Kaplan

Philip Kaplan

Attorney Profile

Top Rated Business Litigation Attorney in Minneapolis, MN

Anthony Ostlund Baer & Louwagie P.A.
 | 3600 Wells Fargo Center, 90 South Seventh Street
Minneapolis, MN 55402
Phone: 612-492-8217
Fax: 612-349-6996
Selected To Rising Stars: 2014 - 2020
Licensed Since: 2008
Practice Areas:
  • Business Litigation (50%),
  • Closely Held Business (20%),
  • Real Estate: Business (20%),
  • Appellate (10%)
    Attorney Profile

    Phil Kaplan uses litigation as a tool to help clients solve complex problems that interfere with their businesses.

    Phil litigates a wide range of disputes, with an emphasis on commercial real estate litigation, shareholder litigation, and business-related appeals. 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. In addition to winning cases at the trial court level, he is an accomplished appellate lawyer, having successfully argued for his clients in several courts of 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.

    About Philip Kaplan

    Admitted: 2008, Minnesota

    Professional Webpage:

    Bar/Professional Activity:

    • Member, Hennepin County Bar Association - Business and Securities Law, Civil Litigation, Landlord/Tenant, and Real Property Sections
    • Member, National Association for Industrial and Office Parks (NAIOP), Minnesota Chapter
    • Member, Federal Bar Association
    • Member, Minnesota State Bar Association - Appellate Practice Section

    Pro bono/Community Service:

    • Volunteer Attorney for the Children's Law Center
    • Volunteer Supervising Attorney for the University of Minnesota Business Law Clinic, 2017
    • Volunteer Attorney for MEDA, a non-profit organization that provides consultation services to minority-owned businesses

    Scholarly Lectures/Writings:


    • Flattum v. Pro Tech Restoration, Inc., 2019 WL 6837003 (Minn. Ct. App. Dec. 16, 2019), rev. denied Feb. 26, 2020  Represented Tony Flattum in a lawsuit to enforce a pre-incorporation agreement to share profits of a to-be-formed storm restoration business.  After winning a jury verdict in Flattum’s favor, Anthony Ostlund successfully defeated the defendants’ attempt to overturn the verdict on appeal. , 2020
    • Raitz Enterprises, Inc. d/b/a U.S. Sand & Gravel v. Blattner Energy, Inc., AAA Arbitration  Represented a subcontractor in an arbitration under the AAA Construction Rules to recover hundreds of thousands of dollars in payments that the general contractor was withholding. After an evidentiary hearing, the arbitrator awarded Anthony Ostlund's client nearly all of the damages it was seeking, plus interest and all of the attorneys' fees it paid for the case., 2019
    • Cedar Point SC, LLC v. Pei Wei Asian Diner, LLC, State of Minnesota, Hennepin County Court File No. 27-CV-18-17250  Represented a commercial landlord in a breach-of-lease case and obtained over $1 million in awards for accelerated rent, late fees, interest, attorneys' fees and costs against the defaulting tenant., 2019
    • Confidential AAA Arbitration  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. , 2018
    • Adherent Laboratories, Inc. v. DiPietro, 2018 WL 3520843 (Minn. Ct. App. July 23, 2018), rev. denied Oct. 16, 2018  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.  , 2018
    • Brenny v. Board of Regents of the University of Minnesota, 813 N.W.2d 417 (Minn. Ct. App.) 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., 2012
    • Houseman v. Whittington, 2012 WL 4052896 (Minn. Ct. App. Sept. 17, 2012), rev. denied, Nov. 27Defended 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., 2012
    • U.S. Bank N.A. v. mPayy, Inc., 10-CV-00625 (D. Minn. May 27) All claims against Anthony Ostlund’s client, a Chicago-based company, were dismissed for lack of personal jurisdiction., 2010
    • Family Business Dispute in Stearns County 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., 2013
    • Martin v. Marquee Pacific, LLC et al., 906 N.W.2d 65 (N.D. 2018) 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., 2018
    • Minneapolis Venture, LLC v. Minnesota Sports Facilities Authority, State of Minnesota, Hennepin County District Court File No. 27-CV-13-15247 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, 2013
    • St. Paul Pioneer Holdings, Inc. v. U.S. Bank National Association, State of Minnesota, Ramsey County District Court File No. 62-CV-08-2265 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., 2010
    • Kohout v. PDG, P.A., 2009 WL 1032963 (Minn. Dist. Ct. Jan. 23) 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., 2009
    • Kieran’s Irish Pub First Avenue LLC v. Camelot LLC, State of Minnesota, Hennepin County District Court File No. 27-CV-14-17485 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., 2016
    • Confidential AAA ArbitrationPursued 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., 2015
    • Camelot LLC v. AMC ShowPlace Theatres, Inc., 665 F.3d 1008 (8th Cir.) Represented the owner of the Block E building 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,” and the Eighth Circuit Court of Appeals affirmed that judgment., 2012
    • North Valley, Inc. v. Valley Paving, Inc., 2011 WL 1546489 (Minn. Ct. App. Apr. 26) 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 favorable decision in favor of Anthony Ostlund’s client., 2011
    • Campbell-Sevey, Inc. v. Delta-T Corporation, 2010 WL 1411118 (D. Minn. Feb. 18) All claims against Anthony Ostlund’s client, a California-based company, were dismissed for lack of personal jurisdiction., 2010
    • Confidential AAA ArbitrationRepresented 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., 2016
    • Twin City Fan Companies and Barry Family Litigation 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., 2018

    Educational Background:

    • Graduated from the University of Wisconsin-Madison with Bachelor's of Business Administration in Finance and Investment Banking, 2004
    • J.D., magna cum laude, University of Minnesota Law School
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    Office Location for Philip Kaplan

    3600 Wells Fargo Center
    90 South Seventh Street
    Minneapolis, MN 55402

    Philip Kaplan:

    Last Updated: 1/15/2020

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