For more than 25 years, Carl Hartmann has been trial and appellate counsel in complex federal cases throughout the nation -- involving corporate law, employment, intellectual property, environmental law, HR, EEO, telecommunications and real estate. He has been counsel both for major corporations and individuals; as well as special outside investigative counsel for the
federal government. The U.S. Circuit
Court of Appeals for the Tenth Circuit described his victory as lead counsel against the City of Albuquerque (following a difficult, high visibility federal trial) as "a
classic jury case."
As lead trial counsel for legal publisher HyperLaw in the Southern District of New York "HyperLaw Trilogy" (Matthew Bender and HyperLaw v. West
Publishing) he won one of the largest federal actions regarding database protection and electronic
publishing. The New York Times reported this as a case "experts [say] will drive down the price of legal research....[stripping] away much of the copyright protection claimed by West Publishing, the nation's dominant publisher of court cases, for its law books." The trial judge, the Hon. John S. Martin Jr., condemned "West's tactics in this litigation, including false statements, belated concessions, delaying tactics, and strained attempts to avoid a judicial resolution of the copyright claims....West decided to do everything in its power to avoid such an adjudication, or, at a minimum, delay the adjudication as long as possible and thereby extend its monopoly."
Hyperlaw's lawsuit resulted in...a demarcation of the boundaries of West's copyright claim and thereby broke West's monopoly grip on thousands of judicial opinions. When David vanquished Goliath, the Israelites rewarded him by making him their King...all [Hyperlaw] asks for its efforts is that it be reimbursed for the substantial legal fees West forced it to incur in order to vindicate the public's right of access to judicial opinions. It prevailed against an adversary that did all that it could to make this litigation as expensive as possible, no doubt hoping that a small company such as Hyperlaw would not stay the course.
He and the late Paul J. Ruskin successfully argued the two appeals against Prof. Arthur R. Miller (Wright and Miller, Federal Practice and Procedure) in winning affirmance in the the Second Circuit Court of Appeals.
In 2011, along with attorneys Joel Holt and Kimberly Japinga, he obtained a $28 million federal jury verdict under Delaware law against an Alcoa World Alumina subsidiary represented by two large national law firms. This was a vigorously contested fraud and breach of contract action which included more than $6 million in punitive damages. The trial judge later upheld that punitive award, finding that because of the "hidden misrepresentations and the involvement of top officials at the company. . .the fraud was 'outrageous.'" The verdict led to the 2012 entry of a consent decree in a series of associated CERCLA/environmental cases which required the Alcoa subsidiary to fully remediate and restore the disputed areas. In 2014 the remaining defendants, primarily Lockheed and HOVENSA ended up settling with the USVI for more than $50 million.
Under the "cases" tab above there are additional descriptions of ongoing matters as well: the 2012 recovery of $12 million in art from Athens, Greece in actions in both New York federal court and Greece; as well as the remand from federal court and subsequent 2013 emergency preliminary injunction recovering control of a business with annual sales of more than $100 million and holding $43 million in after-tax cash.
In addition, he has consulted with, and developed programs in litigation, corporate compliance, EEO law and massive document litigation support for corporate and governmental clients -- including Sandia National Laboratories, the
U.S. Justice Department, the U.S. Navy, the Western Area Power Authority, the National Forest Service and the U.S. Department of the Interior. From 1988 to 1990, he was also the supervising counsel for Merrill Lynch
Private Capital’s USVI asset recovery operations.