Overview

Howard S. Trickey is a litigation attorney in Holland & Knight's Anchorage office. He has 40 years of experience as a trial and appellate lawyer representing a diverse group of clients across many industries and practice areas. Mr. Trickey has also devoted a substantial part of his practice to employment law and traditional labor relations. He has represented Alaska Native Corporations, Fortune 500 companies, privately owned companies, nonprofits and school districts. He collaborates with clients to understand their business objectives and achieve cost-efficient results.

Commercial and Business Disputes: Mr. Trickey has represented businesses in misappropriation of trade secret cases, unfair competition, enforcement of non-competes and non-disclosure agreements, franchise disputes, contract claims, constructions claims, and consumer protection cases under Alaska's Unfair Trade Practices Act (UTPA).

Labor and Employment Law: Mr. Trickey has represented and advised clients on Fair Labor Standards Act (FSLA) claims, discrimination claims, wrongful termination claims, whistleblower cases, False Claims Act suits, civil rights claims and enforcement of restrictive covenants in employment contracts. He has negotiated collective bargaining agreements with labor unions and handled hundreds of grievances under collective bargaining agreements.

Negligence and Torts: Clients call on Mr. Trickey for assistance in premise liability cases, negligent hiring and supervision cases, professional negligence cases, common negligence claims, intentional torts and defamation claims. He has defended public entities and businesses against brain injuries, catastrophic injuries and wrongful death claims.

Alaska Native Corporations and Indian Law: Mr. Trickey has represented Alaska Native Corporations (ANCs) in real property disputes with the state and private parties under the Alaska Native Claims Settlement Act (ANCSA) and other public land laws, such as RS-2477. Mr. Trickey has represented ANCs in disputes involving all aspects of their business operations, including advising on and negotiating land use and royalty agreements for ANCs on mineral development projects and mining projects. He has represented ANCs on implementing ANCSA, as well as on shareholder disputes, director and officer liability claims, and dissolutions of partnerships and joint ventures.

Environmental and Natural Resources: Mr. Trickey has worked with mining companies to defend their water use and exploratory drilling permits, and advised mining clients on permitting requirements and compliance obligations under state environmental laws. He has also worked on Superfund cases brought by both federal and state enforcement agencies under environmental protection laws seeking to allocate responsibility for major cleanup projects.

Constitutional Law: Mr. Trickey has represented rural school districts and parents in establishing the State of Alaska's responsibility to provide an adequate educational opportunity to students in small rural underfunded schools. He has been involved in numerous cases that have raised substantial constitutional claims involving the development of natural resources, limits on the power of the legislation by initiative, the relationship between state and local government, and the power of grand juries.

Experience

  • Represented all State of Alaska employees in a class action to recover $130 million in supplemental retirement funds when the state failed to invest and manage those funds in accordance with the prudent investor rule for fiduciaries
  • Defended bank officers and directors in shareholder derivative suits involving breach of duty of loyalty and due care for directors and officers for a failed bank
  • Defended corporate officers in a shareholder derivative suit regarding due care in acquiring a business
  • Represented minority shareholders in dissolutions or buy-out proceedings
  • Represented majority shareholders in the resolution of conflicts with dissenting shareholders
  • Defended the officers and directors of a condominium association sued for breach of duty of due care for failure to adequately insure condominium units for a fire loss
  • Defended a title insurance company in a dispute with underwriters over termination of the underwriting agreement
  • Represented an Alaska Native Corporation (ANC) in a breach of trust claim against a national bank for recovery of original capitalization under the Alaska Native Claims Settlement Act (ANCSA); obtained a $10 million judgment after a six-month trial
  • Defended car dealerships in a consumer class action claiming violations of Alaska's Unfair Trade Practices Act (UTPA) and motor dealership provisions of state law
  • Defended a real estate brokerage firm in a consumer class action claiming violations of the UTPA
  • Defended companies in breach of franchise, nondisclosure and noncompete agreements
  • Defended a consumer class action against a locally owned real estate brokerage for breaches of duty of loyalty in dual agency transactions authorized under state law
  • Represented a credit union in regards to recovery under a surety bond for losses suffered as a result of officer and employee dealings with a major credit union customer
  • Defended a school district's bid protests to the award of construction and commercial contracts under state competitive bidding procurement laws
  • Defended public school districts in construction claims for breach of contract and damages due to delays in a project as a result of change orders
  • Defended an international design and engineering firm in claims for breach of contract and overcharges by major oil producers

  • Represented public officials in a case involving a grand jury investigative report that limited the extent and the procedures that an investigatory grand jury could exercise in a report on public waste and mismanagement
  • Defended a school district as a potentially responsible party in a claim by the Alaska Department of Environmental Conservation in the cleanup of a PCB-contaminated site
  • Represented a privately owned car dealership in rescinding the purchase of a contaminated site intended for a long-term expansion of the dealership
  • Defended an internationally owned mining company against environmental challenges under the Natural Resources Clause, Article VIII of the Alaska Constitution, to the company's drilling program, land use permits and water use permits for development of the largest gold, copper and molybdenum deposit in Alaska
  • Represented a native village corporation as the surface landowner in a dispute over reasonable access and use of surface estate for road construction and port facilities for a world-class gold and copper mining project
  • Defended a national retail space developer in a state-based Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) claim for cleanup of the second-largest retail site in Alaska

  • Represented a bankruptcy trustee in claims against a law firm for failure to protect a corporation against a fraudulent bookkeeping scheme by a publicly traded construction company
  • Represented a working owner's interests in a claim against a law firm that failed to set up trust protections to hold interests without dilution
  • Represented an ANC against an attorney who settled a litigation in partnership dispute on unfavorable terms and without the client's consent
  • Represented a public school district in a negligent design case against architects and engineers in the renovation and additions of schools where designs did not meet earthquake risk standards
  • Represented a condominium association against an insurance broker for failure to obtain adequate insurance to protect the association from fire loss
  • Represented partners in a claim against their law firm for a partnership that represented the interest of one group of partners against the other in dealing with partnership lenders
  • Represented a bankruptcy trustee in a claim against an accounting firm that failed to detect and disclose financial fraud to the company's board of directors

  • Represented Alaska Native children, families and rural school districts to establish the substantive right to education and the state's duty to support a system of public education that provided an adequate opportunity to succeed, Article IV; after years of litigation, the State of Alaska agreed to fund pre-kindergarten education and spend billions of dollars on building and replacing rural schools; in recognition of Mr. Trickey's efforts, the clients established a constitutional defense fund in his name
  • Represented a public school district in claims under the local government article of the Alaska Constitution, Article X
  • Defended an international mining company's drilling and exploration program from a permitting challenge by an environmental non-governmental organization (NGO) under the Natural Resources Clause, Article VIII
  • Defended the reputational interests of a public official who was the target of an investigatory grand jury and the limits of the grand jury's power under the fair investigation provision of the Individual Rights Clause, Article I
  • Defended a major mineral development project from a statewide clean water initiative intended to block project development in violation of the limitations on the public's power to enact laws by initiative under Article XI, § 7

Mr. Trickey has handled 24 appeals to the Alaska Supreme Court. A representative listing of appeals that resulted in published decisions are listed below:

  • Ahtna, Inc. v. State, Dept. of Transp. & Public Facilities, 296 P.3d 3 (Alaska 2013)
  • Weimer v. Continental Car & Truck, LLC, 237 P.3d 610 (Alaska 2010)
  • Neese v. Lithia Chrysler Jeep of Anchorage, Inc., 210 P.3d 1213 (Alaska 2009)
  • Neese v. State, 218 P.3d 983 (Alaska 2009)
  • Pebble Ltd. Partnership ex rel. Pebble Mines Corp. v. Parnell, 215 P.3d 1064 (Alaska 2009)
  • Ruckle v. Anchorage School District, 85 P.3d 1030 (Alaska 2004)
  • Pauley v. Anchorage School District, 31 P.3d 1284 (Alaska 2001)
  • O'Leary v. Superior Court, Third Judicial District, 816 P.2d 163 (Alaska 1991)
  • Homeward Bound, Inc. v. Anchorage School District, 791 P.2d 610 (Alaska 1990)

  • Negotiating and directly implementing strategy in collective bargaining as the lead spokesperson for the employer
  • Strike planning, preparation of plans to weather a strike and negotiating the end to strikes
  • Preparation and presentation of binding and non-binding interest arbitrations to facilitate or implement the final terms of an agreement
  • Advising and participating in the planning and implementation of major workforce reductions
  • Advising and participating in classification and comparability studies
  • Advising and representing employers in more than 70 arbitrations involving terminations, disciplinary actions and contract interpretation disputes
  • Advising on and drafting personnel policies and procedures
  • Conducting internal investigations on allegations of sexual harassment, discrimination and reports of retaliation in response to protected activity or conduct under federal and state law
  • Advising on wage and hour compliance under the Fair Labor Standards Act (FLSA) as well as state wage and hour requirements
  • Advising on compliance with the full range of federal and state laws prohibiting discrimination on the basis of race, sex, religion, ethnicity, age, disability and any other protected status under federal and state law

  • Defense of wage and hour class actions under the FLSA
  • Defense of wrongful discharge cases claiming breach of the implied covenant of good faith and fair dealing, defamation, discrimination, retaliation and public policy tort claims
  • Defense of retaliatory discharge whistleblower cases based on claimed exercise of First Amendment rights, reports of government fraud and waste, reports of Occupational Safety and Health Administration (OSHA) violations, and reports of discrimination
  • Defense of the denial of equal pay claims under federal and state laws
  • Defense of sexual harassment claims and those asserted under the Family Medical Leave Act (FMLA)

  • Handled precedent-setting litigation involving school law, statewide education policy and laws relating to public officials 
  • Advised and represented a majority of the school districts in Alaska on a wide range of issues, including labor negotiations, education policy, employee relations, special education, school board policies and student discipline

Credentials

Education
  • The Catholic University of America, J.D.
  • University of Wisconsin-Madison, B.A.
Bar Admissions/Licenses
  • Alaska
  • District of Columbia
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the District of Alaska
Memberships
  • American Bar Association, Section of Litigation; Section of Labor and Employment Law; Tort Trial and Insurance Practice Section; Center for Professional Responsibility
  • Alaska Bar Association, Employment Law Section; Torts/Personal Injury Law Section
  • International Bar Foundation
Honors & Awards
  • Chambers USA – America's Leading Business Lawyers guide, Litigation: General Commercial, 2018, 2019
  • The Best Lawyers in America guide, Commercial Litigation 2008-2020; Employment Law - Management, Labor Law - Management, 2011-2020
  • The Best Lawyers in America guide, Anchorage Labor Law (Management) Lawyer of the Year, 2017, 2020
  • Alaska Super Lawyers magazine, 2007-2019
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Speaking Engagements

News