Business Litigation

McLane Middleton is viewed as the leading litigation firm in northern New England for commercial litigation and trial practice. Our skilled attorneys are admitted to practice in 16 states and appear extensively in state and federal courts, increasingly being retained outside of New England.

We work closely with our clients and in-house counsel to assess issues and risks, analyze business and legal objectives, and consider the best strategy for litigation or alternative resolutions.  Our extensive courtroom and trial work and skill allows us to effectively achieve the best results for our clients in an efficient manner.  We also have the ability to use the knowledge and experience of other lawyers across the firm where appropriate and the technical experience and ability to efficiently manage large-scale e-discovery in commercial litigation.

Our litigation and trial experience spans a wide range of commercial litigation, undertaking all manners of litigation, including:

  • Business Litigation disputes: Contract, business torts, unfair competition, nonsolicitation, computer software anti-trust, and shareholder disputes
  • Environmental Litigation: Superfund (CERCLA), toxic tort, and manufactured gas plant (MGP) remediation
  • Labor and employment matters: Discrimination, harassment, wage and hour, EEOC, ERISA, wrongful termination, whistleblower, employment agreements, contract, trade secret, nonsolicitation, and non-competes
  • Intellectual Property: Patent infringement, trademark opposition
  • Real estate: construction, lease, and land use litigation
  • Product liability:  design, implied or express warranty, warnings
  • Securities arbitration
  • Data privacy and security breaches
  • Tax abatement

Recognizing the potential for expense and the considerable demand on resources in legal proceedings, we partner closely with our clients to develop strategies based on legal and business concerns and to manage litigation work plans and budgets.  Our attorneys communicate frequently with in-house counsel and clients, discussing budget expectations, and, most importantly, striving for the most positive outcome possible.

Read about our success and what our clients and peers say in Chambers & Partners and Woodward/White’s Best Lawyers:

“McLane operates very efficiently and effectively. They regularly send updates on matters that may be relevant to our company and are quick to point out the most efficient solution to legal issues that arise.”– Chambers & Partners: America’s Leading Lawyers for Business

To learn more, please contact Wilbur A. Glahn, Business Litigation Group Chairman.

With client-focus, in-house collaboration, and efficient planning, McLane Middleton’s litigation practice proficiently practices well in and out of the courtroom. We know that many cases settle prior to trial, and we work hard to achieve fair settlements for our clients.

Our Business Litigation Group consists of trained mediation professionals with extensive experience reaching settlements in the alternative resolution process. This experience gives us the insight to assess when mediation is the right course.

Here are summaries of our recent successes:

  • Defending KeySpan in an action filed in New York Supreme Court, Suffolk County, by 117 plaintiffs, all of whom are property owners in Bay Shore, Long Island, claiming personal injury and property damages arising out of contamination emanating from a former manufactured gas plant in Bay Shore.  Motions to dismiss were granted as to all but one of the 117 plaintiffs.
  • Successfully dismissed company from an action brought by a city for a water tank constructed in 1985, obtaining ruling that nullum tempus does not render the statute of limitations inapplicable to claims brought by a municipality.
  • Successfully obtained summary judgment on behalf of National Grid in connection with injury by an employee of an affiliated company suffered during a pole climbing exercise, claiming failure of equipment caused the fall.
  • Obtained a profitable settlement for an independent contractor insurance broker, allowing him to continue running his business. The insurance company sought to enforce non-compete and confidentiality provisions related to termination of exclusive contractual relationships with the broker
  • Resolved a products-liability case in New Hampshire Superior Court against a manufacturer and distributor of glass safety spheres used for highway marking
  • Successfully obtained jury verdict of no liability in favor of our client in action brought by Coach, Inc. claiming our client allowed sales of Coach knock-off good at a flea market and seeking over $2,000,000 in damages.
  • Achieved summary judgment on behalf of a college, dismissing the employment discrimination claims of a professor

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For additional information, contact Jennifer Parent, chair of the firm's Trial Practice and Litigation Department.