Gerald L. Hilsher

Gerald Hilsher is a seasoned trial attorney with experience in a variety of substantive areas of the law.  Currently, his practice is primarily trial and appellate work in complex commercial and intellectual property litigation, business torts, environmental litigation and select white-collar criminal defense, including environmental crimes, Medicare fraud, bank fraud, and violations of the False Claims Act.  His experience includes representation of plaintiffs and defendants, large and small companies, and individuals as clients.  He tries cases in state court, federal court and before administrative agencies and has successfully argued significant appellate matters of interest before the Oklahoma Court of Civil Appeals, Oklahoma Court of Criminal Appeals, Oklahoma Supreme Court and U.S. Court of Appeals for the Tenth Circuit.

His achievements in the area of environmental law and litigation have earned him inclusion in The Best Lawyers in America.

Early in his career, Gerald was a criminal prosecutor, first as an Assistant District Attorney in Austin, Texas, and then as an Assistant United States Attorney in charge of the Organized Crime Drug Enforcement Task Force in Tulsa, Oklahoma.  He also served as Deputy Assistant Secretary for Law Enforcement at the U. S. Treasury Department where his responsibilities included the administration of the Bank Secrecy Act regulations and other anti-money laundering initiatives of the federal government, and departmental oversight of  U.S. Customs, U.S. Secret Service, the Bureau of Alcohol, Tobacco & Firearms, and the Federal Law Enforcement Training Center.  This law enforcement experience provides Gerald with a unique perspective in responding to government inquiries and investigations including grand jury investigations and qui tam proceedings.  His practice today includes select white collar criminal defense work (both trial and appellate), including environmental crimes, Medicare fraud, bank and wire fraud, and alleged civil and criminal violations of the False Claims Act.

In addition to his litigation practice, Gerald is also an experienced mediator and has served as a federal Adjunct Settlement Judge for the Northern District of Oklahoma since 1992, and Tulsa County’s Early Settlement Program since 2009.  He has served as a temporary judge on the Oklahoma Court of Appeals (attorney-staffed panels) and as a Special Master in federal court reviewing documents seized pursuant to search warrant for attorney client privilege. 

Gerald has been active in the Tulsa County Bar Association, serving several years on the board of directors.  In 2006, the Tulsa County Bar honored him with the Neil E. Bogan Professionalism Award.  He is a member of the American Bar Association, Oklahoma Bar Association and the State Bar of Texas.  He serves as the chair-elect of the OBA’s Environmental Law Section and is a gubernatorial appointee of the Oklahoma Scenic Rivers Commission, which he chairs.

• Lead attorney on behalf of individual plaintiff alleging co-authorship and joint ownership in copyrightable computer software and for breach of fiduciary duties and other business torts arising from alleged unfulfilled promises to share proceeds upon sale of controlling interest in computer software company.  Case was resolved pursuant to confidential settlement.
• Representation of a medical doctor challenging the non-compete provisions of an employment agreement under Oklahoma’s restraint of trade statute, ultimately winning before the Oklahoma Supreme Court and overruling an arbitration decision enforcing the non-compete.  Cardiovascular Surgical Specialists, Corp. v. Mammana, 2002 OK 27, 61 P.3d 210
• Representation of business clients in employment discrimination litigation and in claims of intentional interference with contract and business relations.
• Representation of 40 riparian landowners in an environmental nuisance action against a poultry-processing / protein-rendering plant that resulted in a confidential settlement on the courthouse steps.
• Representation as Coordinating Counsel and lead negotiator for 44-member group of Potentially Responsible Party (PRPs) in CERCLA (Superfund) action in Oklahoma City, including an appeal before the U.S. Court of Appeals for the Tenth Circuit.
• Representation of clients in federal court on criminal charges and/or investigations involving alleged violation of environmental laws, Medicare fraud, bank fraud, wire fraud and False Claims Act.
• Representation of a conservation group before the Oklahoma Court of Civil Appeals in a successful appeal affirming a district court decision holding that the process employed by the Oklahoma Wildlife Department with regard to the “fish introduction rule” (allowing stocking of predator fish species in Oklahoma streams) did not constitute substantial compliance with the public comment requirements of the Administrative Procedures Act and was thus invalid. (A big win for native species, including small mouth bass, plains top minnow and the Arkansas darter).
• Successful appeal of a federal sentence in which the district court denied consideration of extraordinary rehabilitation efforts under the U.S. Sentencing Guidelines.  In making its decision, the U.S. Court of Appeals for the Tenth Circuit overruled United States v. Ziegler, opening up an avenue for more judicial discretion in federal sentencing decisions.
• Successful representation of an aerospace industry client in an action brought by the Federal Aviation Administration to revoke its license/certification as an FAA-approved repair station.  Also represented the same client in a variety of lien priority disputes as well as collections for work performed on aircraft.
• Represented prime contractor against $1.5 million False Claims Act demand brought by U.S. Attorney on behalf of federal government agency for return of monies paid on contracts that were allegedly not completed in full compliance with the government contract. The claim was settled for a "walk away" (i.e., no money changing hands) prior to the suit being filed due to threat of contractor's bad faith counterclaim against the government agency and client's exacting record of communications with agency throughout contractual relationship.