Business Litigation, General Litigation + Mediation

For five decades, our litigation team has been a powerful and trusted partner to clients confronting litigation. We investigate, prepare, and try civil cases throughout the United States. In addition to a national practice in some areas, our litigators maintain active practices throughout the northeast, including in Vermont, New York, New Hampshire, Maine, Massachusetts, Rhode Island, and Connecticut. We have several areas in which our experience runs particularly deep.

Business Litigation

We represent clients in domestic and international business disputes in state and federal courts and arbitration proceedings throughout the United States. We have particular experience with disputes arising from contracts; allegations of improper conduct, fraud, negligent misrepresentation, interference with contractual or economic relations, and bad faith and unfair dealing; federal and state consumer protection and unfair trade practices law; the purchase and sale of businesses; the sale or development of intellectual property; partnership disputes; and the Uniform Commercial Code.

Product Liability + Tort Liability + Personal Injury

Our litigators have obtained remarkable success representing clients in various tort claims. We maintain the resources to quickly and efficiently handle difficult and sensitive cases from investigation to resolution. Our litigators work with a seasoned team of paralegals and exploit the latest technologies to make this possible. Among others, we have successfully represented clients in product liability, premises liability, wrongful death, asbestos injury and abatement, motor vehicle, trucking, civil arson, dram shop, manufacturing, and toxic tort claims.

Insurance Litigation

Our insurance litigation practice covers traditional insurance line claims and claims against and between insurers. We routinely handle a wide variety of insurance related matters, including general negligence, injury and wrongful death, premises liability, air crash disasters, construction accidents, school liability, municipal liability, product liability, liquor liability, fire loss and property damage, medical malpractice, other professional malpractice, E&O defense and coverage, and environmental claims. We also defend insureds against third-party claims and routinely handle complex coverage disputes; bad faith, fraud, excess coverage, and inflated claims; and indemnification and reinsurance agreements.

Employment

We represent employers in both federal and state courts, as well as in administrative and alternative dispute proceedings, involving allegations of employment discrimination, wrongful termination, workers’ compensation, unemployment compensation, occupational safety and health, the Family Medical Leave Act, wage and hour laws, employee benefits, and confidentiality and non-compete agreements.

Intellectual Property

In conjunction with the members of our Patents + Intellectual Property practice, we manage and protect intellectual property for clients ranging from Fortune 50 companies to start-ups and individuals. This includes claims involving non-compete agreements, licenses, patents, trademarks, service marks, trade dress, dilution, unfair competition, counterfeiting, and unfair advertising.

Professional Liability

Our team has gained a region-wide reputation for aggressive, results-oriented professional liability litigation. This includes the defense of educators, insurance agents and brokers, design professionals, engineers, and attorneys. We maintain particular experience defending physicians, practice groups, hospitals and other health care providers from malpractice claims, as well as before licensing and credentialing boards.

Property + Construction + Development

Our group regularly represents landowners and developers in various land related matters, including permitting, environmental enforcement, boundary, construction, and contract claims, including those under American Institute of Architects (AIA) forms. We have long represented local educational institutions, national retailers and wholesalers, alternative energy providers, developers, and telecommunications providers.

Environmental + Toxic Torts

A number of our litigators have experience defending clients in environmental matters, including claims arising from state and federal environmental laws and regulations, contamination, manufacturing, solid and hazardous waste, landfills, chemicals, construction, commercial laundry, transportation, scrap and recycling, electric and gas utilities, explosives, and the release of pollutants. We also regularly represent insurers in both defense and coverage disputes in these areas.

Trusts + Estates

The past decade has seen an increase in litigation over estate plans and trusts. Our team has some of the most experienced trust and estate litigators, and active members of the American College of Trust and Estate Counsel (ACTEC), to represent clients in litigation arising out of estate planning disputes.

Appeals

Our team routinely represents clients in both state and federal appellate courts. We maintain significant experience defending and taking appeals, as well as taking over the appellate process from other counsel following final judgment in the trial court.

Workers Compensation

We represent insurers, employers, and employees in workers’ compensation proceedings before the Department of Labor and in Superior Court. Our team handles cases that involve a constellation of contested issues such as causation and indemnity, permanent disability, medical, and vocational rehabilitation benefits.

Mediation + Arbitration

Our litigators regularly participate in various types of alternative dispute mechanisms to bring matters to a close while avoiding the expense of trial. We have significant experience with all manner of mediation and arbitration, including arbitrations under the Rules of the American Arbitration Association. In addition, some of our more experienced litigators regularly serve as mediators and arbitrators for others.

Local Counsel

Our team frequently serves as local counsel for law firms and clients from around the country. We maintain thorough knowledge of Vermont law, an understanding of the vagaries and idiosyncrasies of Vermont practice and procedure, and knowledge about the local prevailing attitudes and characteristics of state and federal practice. As local counsel, we maintain the highest standards of integrity and sensitivity toward the relationship between the client and lead counsel.