Business Litigation

The firm represents a wide range of clients, from small startups to Fortune 500 corporations. The Group undertakes all manner of litigation, acting increasingly on a multi-jurisdictional basis. The lawyers "have a very commercial outlook and really understand business concerns." Chambers has recognized our firm as the top business litigation practice in New Hampshire with five of our partners specifically recognized as "Leaders In Their Field." In addition to our recognition in Chambers, several of the thirty lawyers in our firm recognized in The Best Lawyers in America® are in our Business Litigation group.

We are trial lawyers for businesses and individuals. Our work on behalf of clients in complex commercial matters in both state and federal courts has involved nearly every major industry. Our lawyers are admitted to practice in fourteen states and have tried a wide range of cases from the most complex commercial, intellectual property or insurance coverage disputes to more common contract litigation in New Hampshire and elsewhere. Our clients rely on us to understand the technical disciplines at the core of their businesses and to develop litigation goals that will efficiently resolve their disputes. We work with our clients and in-house counsel on a team basis, identifying critical issues and developing strategy, and then we execute the plan in an efficient, client-driven matter.

Our litigation on behalf of businesses is built on a simple premise: Courtroom excellence is essential to serving our clients and building their trust and satisfaction. Whether your case is ultimately settled or goes through to trial, the best way to achieve a favorable result is to always be prepared for a trial. While most litigated cases are settled prior to trial and we work hard to achieve fair settlements for our clients, we have tried many cases to successful verdict over the past five years. Our trial experience, coupled with our understanding of the courtroom, including extensive experience with trial presentation software, enables us to maintain a tradition of consistent excellence and a reputation for superb legal work before the trial and appellate courts.

We also have extensive experience in reaching settlement by mediation or arbitration. Many of our lawyers are trained mediation professionals with experience in hundreds of settlements in the ADR process.

Our litigation team has recently tried cases involving commercial contract disputes, corporate governance (including alleged breaches of fiduciary duties by corporate officers and directors), business torts, breaches of competition and confidentiality agreements, employment, trade secret and copyright matters, real estate and insurance and product liability claims. We have defended companies in class actions across a variety of subject matters including securities, antitrust, consumer protection and product liability. Some recent cases we have handled include:

• Trying to successful verdicts four cases for National Grid d/b/a Energy North Natural Gas in litigation arising out of multiple former manufactured gas sites in New Hampshire, including obtaining a landmark decision from the New Hampshire Supreme Court establishing the rule with respect to the trigger of coverage. Energy North Natural Gas, Inc. v. Underwriters at Lloyds et al., 150 N.H. 828 (2003).
• Representation of Pennichuck Corporation, a NASDAQ listed holding company, against efforts by the City of Nashua to municipalize three utility subsidiaries and a challenge to the constitutionality of applicable statutes.
• Representation of Microsoft in anti-trust litigation involving the issue of indirect purchaser status with a successful defense of an appeal to the New Hampshire Supreme Court. Minuteman LLC v. Microsoft, 147 N.H. 341 (2002).
• Representation of Nike, Inc. in litigation filed by a former CEO of a subsidiary over contract issues and allegations of interference with contract, defamation and other alleged business torts.
• Representation of Bauer Nike Hockey USA to obtain an injunction based on the "inevitable disclosure doctrine" to prevent a key employee from working for a competitor and disclosing trade secrets.
• Successfully defended claims of patent infringement against a client brought by Eastern Mountain Sports, Inc. in the United States District Court. Obtained summary judgment of non-infringement for the client.
• Represented a national paper supply company in litigation seeking to invalidate an extensive portfolio of trademarks and patents. Obtained dismissal of litigation in United States District Court.
• Successfully defended a challenge to a client's trademark brought by the Sports Authority before the Trademark Trial and Appeals Board.
• Obtained a rare plaintiff's verdict on behalf of pension plan beneficiaries caught up in the split of a professional corporation.
• Prevailed on appeal in an employment dispute in which the New Hampshire Supreme Court permitted the use of "after-acquired" evidence of an employee's pre-termination misconduct to bar recovery for wrongful discharge in breach of contract cases. McDill v. Environamics Corp., 144 N.H. 635 (2000).
• Representation of Dartmouth College in cases involving claims arising from the construction of a major new science building as well as employment claims made by a professor against the college.
• Representation of Cannon Industries and The Oldenburg Group in two cases involving trade secrets and a dissenters' rights action.
• Successfully defended David E. Kelley Productions, CBS Broadcasting and Viacom against an injunction request seeking to delay or prevent broadcast of a telecast based on alleged copyright violations.
• Obtained a verdict of more than $1 million on behalf of property owners whose property had been contaminated by gasoline from a neighboring business.
• Defended a business owner and his company in a $5 million misrepresentation case involving alleged accounting irregularities arising from a purchase and sale agreement.
• Acted as co-lead counsel in a class action for nearly 20,000 taxpayers challenging the constitutionality of the New Hampshire Interest and Dividends tax. Obtained a multi-million dollar refund for the taxpayers. Smith v. New Hampshire Dept. of Revenue Administration, 141 N.H. 681 (1997) and 148 N.H. 536 (2002).

For further information, contact one of our Business Litigation Group Attorneys at (603) 625-6464.

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