Robert B. Hinckley Jr. Partner

     

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Robert Hinckley is an aggressive and effective trial lawyer with a track record of success. He has first-chair experience in more than 40 jury trials, and has litigated civil cases in state and federal courts in Colorado, California, Florida and elsewhere for national clients. Rob is highly adept at handling subrogation matters, including those related to product recall and contamination.

Rob is recognized as a trusted adviser in helping to resolve business challenges and has defended matters ranging from complex insurance cases, to high-profile employment cases, to litigation related to trademark and copyright disputes, among others. He also has experience with D&O cases as well as complex commercial cases involving partnership disputes and dissolution, business torts, breach of fiduciary duty, trade secrets, fraud (including securities fraud) and defamation.

Rob has a unique ability to elicit not only the facts but also the essence of a matter by establishing himself first as an advocate for his client and then as a trusted adviser. Through personal rapport and attention to detail, Rob gains an understanding of his client’s business and applies the letter of the law to craft litigation strategies that adhere to the goals of the client.

Areas of Focus

Commercial Litigation
Rob represents large and small businesses in all manner of commercial disputes, including breach of contract, fraud and misrepresentation, trade secrets and business torts. Seasoned and pragmatic, Rob provides clients with innovative and timely strategic counsel to avoid litigation whenever possible. However when litigation is warranted, Rob has a well-established reputation for successfully defending clients in the courtroom. Rob is often called on to provide innovative legal strategies and execute focused litigations within designated time frames and budgets. He is particularly adept at handling delicate negotiations among firmly entrenched parties, providing clear-headed advice and a range of options to help bridge the chasm between dueling parties.

Complex Tort & General Casualty
Rob represents insurers and large and small private and public companies in insurance defense matters, including construction defect, torts, intellectual property, professional liability, product liability and the gamut of related matters. He scrupulously attends to every detail in preparing a powerful defense for virtually every type of case – including the most complex legal matters with significant exposure. Rob leverages Wilson Elser’s dynamic operating model that draws on the collective experience and resources of the entire firm in realizing desired legal outcomes and resolving claims quickly and efficiently through innovative and cost-effective solutions to our clients’ most complex legal issues.

Employment Law
Rob has significant experience defending employers against all nature of employment claims, including harassment, discrimination, retaliation, defamation and wage-and-hour claims. With the variety of issues that can arise in a diverse workplace, he also regularly counsels clients on the avoidance of employment claims, including lawful termination of employees and resolution of claims made during the course of employment. Rob also managed EPL claims for a national fast-food restaurant chain while serving as managing partner of his prior firm's Los Angeles office.

Intellectual Property
Rob represents many types of clients, including in the music, entertainment, restaurant and nonprofit industries, related to management of existing intellectual property portfolios and the acquisition of trademarks and copyrights. Rob also represents clients in the protection of their intellectual property rights, including trademark infringement and false advertising claims, whether through cease-and-desist correspondence or litigation, in state or federal courts or before the Trademark Trial and Appeal Board.

Representative Matters

Complete defense verdict in favor of nationally recognized fast food company in racial discrimination and harassment case following jury trial in Los Angeles, CA. 

Complete defense verdict in favor of high-profile nightclub following catastrophic building collapse resulting in significant personal injury and property damage following jury trial in Denver, CO. 

Sizable verdict in favor of plaintiff homeowner against custom homebuilder in construction defect and breach of contract case following jury trial in Denver, CO. 

Complete defense verdict in favor of underground boring company in negligence and breach of contract case following jury trial in Fort Collins, CO. 

Complete defense verdict in favor of commercial property owner in fraud, negligent misrepresentation and breach of real estate contract case following trial in Douglas County, CO. 

Favorable settlement in favor of plaintiff at the conclusion of closing arguments in real estate dispute on behalf of a large franchisee of another nationally known fast food company following trial in Long Beach, CA. 

Favorable Arbitration Order in favor of custom homebuilder following arbitration with homeowner in construction defect and breach of contract case in Denver, CO. 

California Second District Court of Appeals, Los Angeles: Following oral argument, obtained complete reversal of trial court order that had dismissed plaintiff’s case based on the statute of limitations while represented by prior counsel. Case centered on breach of fiduciary duty and breach of trust claims involving a significant trust estate. Reversal resulted in favorable settlement for plaintiff. 

Colorado Court of Appeals, Denver: Following oral argument, court affirmed trial court order dismissing all claims brought against client, a private golf course, related to property dispute with adjacent landowner.