Russell A. Klingaman

Russ Klingaman helps professionals and members of the business, insurance, and aviation communities take advantage of business opportunities, resolve disputes, reduce risks and find practical, effective solutions to their legal challenges. Russ's practice focuses on aviation-related transactions and litigation; and on protecting intellectual property — including trade secrets, copyrights, trademarks, and patents. He also handles high-profile cases involving catastrophic personal injuries, major property damage, and significant business losses.

Russ has successfully represented the interests of a wide range of professionals, including architects, doctors, engineers, farmers, hospitals, inventors, lawyers, pharmacists, pilots, and veterinarians. Businesses he has represented include airlines, banks, construction companies, flight schools, health care providers, insurance companies, manufacturing firms, restaurants, retailers, and software developers.

Aviation. As a licensed pilot, aircraft owner, adjunct professor of aviation law, and past president of the Lawyer-Pilots Bar Association, Russ has unique insights into aviation-related legal matters, including those involving the fast-changing legal landscape concerning unmanned aerial systems (UAS or "drones"). Russ helps clients with matters involving aviation accidents. He also assists clients with regulatory compliance and enforcement actions brought by the Federal Aviation Administration.

Intellectual Property. Russ has a robust practice of helping businesses and individuals protect their intellectual property. This includes transactions and litigation. The transactional work encompasses licensing, assignments, and nondisclosure agreements, among others. Litigation usually involves prosecuting or defending claims for misappropriation, infringement, breach of contract, unfair competition, etc.

High-Profile Personal Injuries, Property Damage, and Business Losses. Russ has handled many cases involving claims for millions of dollars in damages for either catastrophic personal injuries or huge business/property loss claims.

Appellate Litigation. Russ has handled numerous appeals, including oral arguments before the U.S. Courts of Appeals for the Seventh and Ninth Circuits and the Wisconsin Supreme Court.

Russ joined Hinshaw in 1991. He is an adjunct professor at the Marquette University Law School, where he teaches Aviation Law.

• State Bar of Wisconsin
• Seventh Circuit Bar Association
• Lawyer-Pilots Bar Association
  • President (2014 – 2015)
  • President-Elect (2013 – 2014)
  • Secretary (2011 – 2013)
  • Board of Directors (2009 – Present)
• International Air & Transportation Safety Bar Association
• Aviation Insurance Association
• American Bar Association
  • Aviation Committee of the Litigation Section
  • Aviation/Space Committee of the Tort and Insurance Practice Section
• National Business Aviation Association
• Aircraft Owners and Pilots Association
• Experimental Aircraft Association
• Helicopter Association International
  
• University Aviation Association

• Named a 2015 "Leader in the Law" by the Wisconsin Law Journal
• Recognized on the Super Lawyers list by Wisconsin Super Lawyers magazine, 2008 – 2011

Aviation (Aircraft Accident – Fatal Injuries): Winning summary judgment for our client, an aircraft maintenance company. Successfully proved at trial that the court lacked personal jurisdiction due to improper service of process. The plaintiffs' claims were dismissed because they were time-barred by the applicable statute of limitations. Outagamie County Circuit Court, Case No. 20-CV-608 (April-December 2021).

Business Litigation (Inverse Condemnation): Successful motion for preliminary injunction for our client, a national bank. We commenced the lawsuit to prevent the defendant from wrongfully evicting our client from its property. Federal Court for the Western District of Wisconsin, Case 17-CV-00752 (October 2017).

Aviation (Aircraft Accident – Serious Injuries): Winning summary judgment for our client, an aircraft maintenance company. We defeated claims of negligent aircraft maintenance arising from an aircraft crash with serious physical injuries following an in-flight engine failure. Federal Court for the Eastern District of Wisconsin, Case 15-CV-01424 (January 2017).

Intellectual Property (Trademarks): Successful permanent injunction and judgment for our client, a sausage maker. We commenced the lawsuit for the defendant's infringement of our client's trademarks. Federal Court for the Eastern District, Case 15-CV-869 (November 2015).

Aviation (Aircraft Accident – Fatal Injuries): Winning summary judgment for our client, an air ambulance operator. We defeated negligence claims arising out of a crash due to fuel exhaustion with multiple fatalities. Vilas County Circuit Court, Case 13-CV-199 (July 2015).

Business Litigation (Computer Software): Winning summary judgment for our client, a software company. We successfully asserted claims against the defendants for unpaid invoices, and defended counterclaims for alleged software defects. Federal Court for the Western District of Wisconsin, Case 13-CV-760 (May 2015).

Aviation (Airline Passenger Accident): Winning appeal for our client, a major airline, following our winning summary judgment. We successfully defeated negligence claims of severe injuries resulting from an accident while exiting the client's aircraft. Wisconsin Court of Appeals and Milwaukee County Circuit Court, Case 10-CV-20086 (August 2013).

Intellectual Property (Trade Secrets): Successful motion for preliminary injunction for our client, a pet supply retailer. We commenced the lawsuit claiming the defendants misappropriated the client's trade secrets. Oneida County Circuit Court, Case 13-CV-007 (January 2013).

Business Litigation (Class Action Food Labeling): Winning summary judgment for our client, a honey producer. We successfully defeated claims of false labeling on our client's honey jars. Federal Court for the Eastern District of Wisconsin, Case 12-CV-758 (January 2013).

Aviation (Insurance Litigation): Winning summary judgment for our client, an aviation insurer. We successfully defeated coverage claims for a helicopter crash (wire strike). Kenosha County Circuit Court, Case 09-CV-1541 (March 2011).

Aviation (Aircraft Accident – Fatal Injuries): Successful dismissal of claims against our client, a municipal airport. We defeated claims for negligence by airport personnel arising from a fatal crash where the aircraft struck wires during a low flight over a river and the passenger died. Wood County Circuit Court, Case 07-CV-439 (September 2008).

Aviation (Helicopter Accident – Fatal Injuries): Winning summary judgment for our client, a helicopter manufacturer. We successfully defeated product defect claims arising out of a helicopter crash with multiple fatalities. Waukesha County Circuit Court, Case 04-CV-1692 (October 2006).

Business Litigation (Legal Malpractice): Winning appeal for our client, an attorney, following our winning summary judgment. We defeated claims of legal malpractice involving multi-million dollar off-shore investments. Federal Court of Appeals for the Ninth Circuit and Federal Court for the District of Arizona, Case 02-CV-20110 (August 2005).

Business Litigation (Housing Discrimination): Winning appeal for our client, a condominium association, following our winning summary judgment. We defeated housing discrimination claims based on alleged disability. Federal Court of Appeals for the Seventh Circuit and Federal Court for the Eastern District of Wisconsin, Case 01-CV-836 (March 2004).

Aviation (Aircraft Accident – Severe Injuries): Winning summary judgment for our client, a municipal airport. We defeated claims of negligence by airport personnel arising from an ultralight crash with severe personal injuries. Sheboygan County Circuit Court, Case 02-CV-494 (October 2003).

Intellectual Property (Trade Secrets): Successful motion for preliminary injunction for our client, a staffing agency. We commenced the lawsuit claiming the defendants misappropriated our client's trade . Milwaukee County Circuit Court, Case 03-CV-5343 (July 2003).

Intellectual Property (Trade Secrets): Successful motion for preliminary injunction for our client, a captioning service. We commenced the lawsuit claiming the misappropriation of the client's trade secrets by the defendant. Brown County Circuit Court, Case 03-CV-671 (July 2003).

Business Litigation (Fatal Food Poisoning): Winning appeal for our client, a restaurant franchisor, reversing a summary judgment granted to the co-defendant, the company that sold the contaminated meat. We defeated claims from the plaintiffs and successfully prosecuted cross-claims against the meat producer in this food poisoning case involving wrongful death. Wisconsin Court of Appeals and Milwaukee County Circuit Court, Case 00-CV-8793 (May 2003).

Aviation (Insurance Litigation): Winning appeal for our client, an aviation insurer, following our winning summary judgment. We defeated coverage claims arising out of a pilot error during takeoff resulting in multiple fatalities. Wisconsin Court of Appeals and Chippewa County Circuit Court, Case 01-CV-02 (June 2002).

Intellectual Property (Trademarks): Successful motion for permanent injunction and default judgment for our client, a motorcycle manufacturer. We commenced the lawsuit claiming the defendants infringed on our client's trademarks. Federal Court for the Eastern District of Wisconsin, Case 00-CV-804 (August 2000).

Product Liability (Metal Forming Equipment): Successful motion to compel discovery for our client, a metal products manufacturer. We successfully obtained an order compelling the plaintiff to sign medical authorization records in this products liability lawsuit involving serious personal injuries. Federal Court for the Eastern District of Wisconsin Case 97-CV-375 (August 2000).

Business Litigation (ERISA Preemption): Winning summary judgment for our client, a health care provider. We defeated the plaintiff’s claims for medical benefits and successfully asserted the federal preemption defense. Milwaukee County Circuit Court, Case 98-CV-7581 (July 2000).

Aviation (Airline Passenger Accident): Winning summary judgment for our client, a regional airline. We defeated negligence claims arising out of an accident while boarding the client's aircraft. Outagamie County Circuit Court, Case 98-CV-1003 (March 2000).

Product Liability (Aircraft – Wing Assembly): Winning summary judgment for our client, an aircraft manufacturer. We defeated product defect claims involving our client's wing assembly. Federal Court for the Eastern District of Wisconsin, Case 96-CV-1416 (March 1999).

Intellectual Property (Copyrights): Winning summary judgment for our client, an architect. We defeated claims for copyright infringement involving architectural works. Federal Court for the Eastern District of Wisconsin, Case 95-CV-550 (March 1998).

Product Liability (Mineral Oil): Winning appeal for our client, a petroleum refiner, following our winning jury verdict. We defeated claims for breach of warranty and contamination of food products allegedly caused by our client's petroleum product. Federal Court of Appeals for the Seventh Circuit and Federal Court for the Western District of Wisconsin, Case 93-CV-81 (February 1995).

Business Litigation (Computer Software): Winning jury trial and post-trial motions for our client, a software company. We defeated claims of breach of contract for selling defective software. District Court for the Eastern District of Wisconsin, Case 89-CV-342 (January 1993).

Russ's presentations include:

• "Separate Business Entity Legal Issues: Recognizing and Avoiding FAA Regulatory Traps," 2022 National Business Aviation Association Business Aviation Convention & Exhibition (NBAA-BACE), Orlando, Florida, October 19, 2022
• "The Original Aileron Patent Story," Experimental Aircraft Association (EAA) AirVenture, Oshkosh, Wisconsin, July 26, 2022
• "Caution, Regulatory Turbulence: Avoiding the Corporate Flight Department Trap," 33rd Annual Embry-Riddle Aviation Law & Insurance Symposium, Orlando, Florida, May 13, 2022
• "Flight Department Company Legal Issues: Traps Created When a Separate Business Entity is Formed to Own an Aircraft," Lawyer-Pilots Bar Association CLE Program, Norfolk, Virginia, August 19, 2021
• "Wrights vs. Curtiss: The Patent Wars," Experimental Aircraft Association (EAA) AirVenture, Oshkosh, Wisconsin, July 26, 2021
• "Protecting Trade Secrets During a Pandemic: Focus on Risks & Solutions While So Many Employees Are Working Remotely or From Home," State Bar of Wisconsin's IP Protections Conference, Virtual Event, January 12, 2021 
• "Big Data: The Legal Landscape For The Aerospace Industry," Integrated Communications, Navigation, and Surveillance (ICNS) Conference 2020, Virtual Event, September 2020
• "Drone Law: New Rules and Legal Best Practices for the use of Unmanned Aircraft Systems," NBI Seminar, Webcast, April 28, 2020
• "The Wright Brothers v. Glenn Curtiss," Mitchell International Airport, Milwaukee, Wisconsin, November 13, 2019
• "Legal Landscape: What Law and Best Practices are Emerging to Reflect the Big Data Environment?," Aerospace Big Data Miami, Miami, Florida, September 11, 2019
• Panelist, "Panel Debate: How Can We Establish Infrastructure Solutions for Big Data to be Shared with Other Partners Efficiently and Securely?," Aerospace Big Data Miami, Miami, Florida, September 11, 2019
• "UAS Law Update: Unique Legal Issues for Public/Governmental Operations," UASAN Public Safety Seminar, Waukesha, Wisconsin, August 23, 2019
• "Wrights v. Curtiss: The Patent Wars," Experimental Aircraft Association (EAA) AirVenture, Oshkosh, Wisconsin, July 22, 2019 and July 27, 2019
• "Special Events at Airports," 2019 Wisconsin Aviation Conference, Green Bay, Wisconsin, May 7, 2019
• "Patent Wars: Wilbur and Orville Wright v. Glenn Curtiss," Experimental Aircraft Association (EAA) AirVenture, Oshkosh, Wisconsin, July 28, 2018
• "How Drones Create Unique Legal Problems for Privacy, Data Security & Property Rights," Lawyer-Pilots Bar Association (LPBA) Summer 2018 Convention, South Lake Tahoe, California, July 21, 2018
• "UAS Legal Update," UAS Advocacy Network - Spring Quarterly Meeting, Appleton, Wisconsin, April 25, 2018
• "Legal Enforcement Actions and Investigations Involving UAS: Dealing With the FAA, the NTSB, and State/Local Police," Unmanned Aircraft Systems and You, Waukesha, Wisconsin, January 31, 2018
• "Warped Justice and the Patent Wars Over Controlled Flight," EAA AirVenture Oshkosh, July 29, 2017
• "Aviation Business Law: Dealing With FAA Enforcement Actions and NTSB Investigations," NBI, April 11, 2017  
• "Wright Bros. v. Curtiss: The Flying Machine and Aileron Patent Wars,"  WACO Aviation Lecture Series, Ohio, September 29, 2016
• "Unmanned Aircraft Systems Panel: Focus on Model/Hobby Flying Near Airports," Airport Operations & Land Use Seminar, Wisconsin Bureau of Aeronautics, Stevens Point, Wisconsin, September 20, 2016
• "Use of Drones in Environmental Enforcement," 28th Annual Environmental Law Update, Madison, Wisconsin, September 14, 2016
• "Wright Bros v. Curtiss: Patent Wars," EAA AirVenture Oshkosh, Oshkosh, Wisconsin, July 30, 2016
• "Drones!," Wisconsin Community Media's Casting a Broad Net Spring Conference, Madison, Wisconsin, April 28, 2016
• "Drone Laws: 101," Environmental Law Society at Marquette Law School, Milwaukee, Wisconsin, April 8, 2016
• "Protection of Confidential Information, Trade Secrets, and Intellectual Property," Contract Drafting Issues in Wisconsin, Madison, Wisconsin, January 2016
• "Legal Issues Associated with Drones," Wisconsin Aviation Seminar, Madison, Wisconsin, October 2015
• "Protecting Trade Secrets and Other Valuable Information From Misappropriation by Vendors, Customers, Consultants and/or Competitors," Complex Commercial Contracts Seminar: The Legal Principles You Need to Know for Effective Drafting, State Bar of Wisconsin, January 2015
• "Advanced Intellectual Property Law," Trade Secrets and Trade Dress: Keeping Ahead of Threats, webcast, National Business Institute, December 2014
• "Non-Compete Agreement and Trade Secret Disputes: Employer and Employee Strategies," Commercial Business Disputes and Litigation, video webcast, National Business Institute, November 2014
• "The Aileron Patent Wars: How Attorney Misconduct and Bad Business Decisions Ruined Fortunes and Cost Lives with a Negative Impact on Allied Power in the First World War," EAA AirVenture Oshkosh, Oshkosh, Wisconsin, July 2014
• "The Need for an Aircraft Lien Recording Law in Wisconsin," 2014 Wisconsin Aviation Conference, Wausau, Wisconsin, May 2014
• "The Aileron Patent Wars: How the Historic Lawsuits Affected Fortunes, Lives, and World Affairs," National Park Service, Aviation Speaker Series, Dayton, Ohio, September 2013
• "Drawing the Lines Between Misappropriation and Proper Appropriation of Valuable Business Information: Contractual Considerations for Legally Acquiring or Losing Potentially Confidential Information," Complex Commercial Contracts: The Legal Principles You Need to Know for Effective Drafting seminar, Madison, Wisconsin, January 2013
• "Legal Issues Associated With the Bed Bug Crisis," Batzner's Bed Bug Seminar, Brookfield, Wisconsin, May 2012
• "The Legal Battles Between Glenn Curtiss and the Wright Brothers: Lessons for Pilots, Attorneys and Inventors," Lawyer-Pilots Bar Association 2012 Winter Meeting, Waikoloa, Hawaii, March 2012
• "Glenn Curtiss and His Legal Battles With the Wright Brothers: Aviation's Historic Patent Litigation," EAA AirVenture Oshkosh, Oshkosh, Wisconsin, July 2011
• "Alcohol Related Enforcement Actions," Lawyer-Pilots Bar Association Winter Meeting, Rancho Mirage, California, February 2009
• "Indemnity Clauses and Insured Contracts: Expanding Coverage Beyond the Standard Aviation Insurance Policy," Lawyer-Pilots Bar Association winter meeting, Miami Lakes, Florida, February 2008
• "Regulations: What Every Pilot Should Know," AOPA Air Safety Foundation, Milwaukee, Wisconsin, October 2007
• "Transferring the Risk of Catastrophic Loss," Hinshaw's 2007 Insurance Services Symposium, Chicago, Illinois, May 2007
• "Legal Aspects of Transportation – What Every Trucking Company Needs to Know About the National Transportation Safety Board: An Overview," The Transportation Association of Milwaukee, Inc., Milwaukee, Wisconsin, March 1998
• "The Evaluation and Handling of Product Liability Claims Against a Seller/Distributor," Hinshaw's Wisconsin Insurance Seminar, Milwaukee, Wisconsin, November 1995
• "Wisconsin's 1995 Tort Reform Legislation and Related Issues," John Deere Insurance Company, Moline, Illinois, June 1995

Russ has earned awards for writing and has authored several articles, including:

• "The Airport is Closed Until the Snow Melts - Part Two: Pilots and Closed Airports," AOPA Pilot Protection Insights Newsletter, Vol. 9, Issue 7, July 1, 2021
• "The Airport is Closed Until the Snow Melts - Part One: Welcome to Texas," AOPA Pilot Protection Insights Newsletter, Vol. 9, Issue 6, June 1, 2021
• "Wisconsin's New Aviation-Specific Mechanic's Lien Law," Midwest Flyer Magazine, June/July 2020
• "The New FAA Part 107 for Unmanned Aircraft…Less Protection for Airports Than Before," Midwest Flyer Magazine, August/September 2016
• "Ideas for Airports Dealing With Nearby Model Drone/UAS Operations," Wisconsin Airport Management Association Newsletter, May 2016
• "Laws Governing Unmanned Aircraft Systems: Are They Clear & Consistent?," Midwest Flyer Magazine, April/May 2016
• "New FAA Recreational UAS/Drone Registration Program: Better Than Nothing?," Midwest Flyer Magazine, February/March 2016
• "Drone Law: Why All FAA Certificate Holders Should Be Aware of the NTSB Pirker Decision," Midwest Flyer Magazine, August/September 2015
• "Hammondsport: One of the Most Important Places in the History of Aviation" and "President's Message," Lawyer-Pilots Bar Association Journal, Vol. XXXVII, No. 2, Summer 2015
• "How the FAA Deals With Pilots Who Consume Alcohol, and Why Owning a Breathalyzer Might Be a Good Idea," Midwest Flyer Magazine, August/September 2014
• "The Need for an Aircraft Lien Recording Law In Wisconsin," Midwest Flyer Magazine, June/July 2014
• “The Federal Aviation Administration and Pilots Who Drink Alcohol: Dealing With Normal Use, Abuse and Addiction,” Lawyer-Pilots Bar Association Journal, Vol. XXXII, No. 1, Spring 2010
• “Indemnity Clauses and Insured Contracts: Expanding Coverage Beyond the Standard Aviation Insurance Policy,” Lawyer-Pilots Bar Association Journal, Spring 2008
• "The Restatement (Third) of Torts: Products Liability Claims and Nonsense in Wisconsin," CTCW Newsletter, Vol. X, No. 4, Fall 1995
• "Predatory Pricing and Other Exclusionary Conduct in the Airline Industry: Is Antitrust Law the Solution to Controlling Anti-competitive Strategic Behavior?" DePaul Business Law Journal, Spring 1992
• "The European Community and Liability for Cleaning up Abandoned Hazardous Waste Sites: Should the EC Follow the United States' Example?" Wisconsin International Law Journal, April 1991

Articles and treatises of which Russ is co-author include:

• "Recreational Drones: Do Homeowners’ Insurance Policies Provide Coverage?," Claims Journal, August 4, 2015
• "Liability Issues Related to Breast Cancer," Cancer of the Breast, 5th edition, 2002
• "Will Architectural Work Law Have a Chilling Effect?," The National Law Journal, C18, February 2001
• "Architectural Copyrights Recent Developments," Architectural Research Quarterly, Vol. 4, 2000
• "Admissibility of Social Security and Workers’ Compensation Payments Associated With Prior Accidents," Federation of Insurance and Corporate Counsel Quarterly, Vol. 48, No. 2, Winter 1998
• "Pretrial Conferences," Defense Counsel Training Manual, 2d edition, 1995
• "Medical Malpractice Liability for Errors in Breast Cancer Diagnosis and Treatment," Cancer of the Breast, 4th edition, 1995

• Great Lakes Air Museum and Conference Center, Board of Directors, Founding Member
• National Aviation Hall of Fame, Board of Nominations
• Wauwatosa Curling Club, Board of Directors
• Wisconsin Writers Association, Board of Directors