Business Litigation

Our Business Litigation experience is a cornerstone of McLane's success. We are commonly seen as the leading litigation firm in northern New England. Our skilled litigators undertake all manner of litigation, and increasingly we are retained well beyond New England to handle numerous matters, including:

• Business Litigation disputes: contract claims, unfair competition, computer software anti-trust, and shareholder disputes;
• Environmental Litigation: insurance coverage disputes, Superfund (CERCLA), toxic tort, manufactured gas plant (MGP) remediation;
• Labor and employment matters: discrimination, wage and hour, EEOC, trade secret and non-competes, wrongful termination;
• Intellectual Property: patent infringement, trademark opposition;
• Product liability;
• Securities arbitration;
• Real estate: construction and land use litigation;
• Data privacy and security breaches

The nature and scope of litigation varies greatly, but most always the goal is the same – resolve the matter and get our client back to business. We recognize that lawsuits are costly and can disrupt the workplace environment, but a key element of our litigation process is a partnership with clients, which includes communicating frequently, discussing budget expectations, and, most importantly, striving for the most positive outcome possible.

We are trial lawyers for businesses and individuals, and our success is recognized by clients and peers in Chambers & Partners and Woodward/White's Best Lawyers.

"This team represents clients in an impressive range of business disputes, including contract and confidentiality, corporate governance and business tort-related litigation. Clients also benefit from the firm's specialist expertise in areas such as environmental law, real estate, insurance and product liability."

-- Chambers & Partners: America's Leading Lawyers for Business

Our work on behalf of clients in complex commercial matters in both state and federal courts has involved nearly every major industry. McLane lawyers are admitted to practice in 16 states, and have tried a wide range of cases from the most complex commercial, environmental, intellectual property and insurance coverage disputes to more common contract, land, and employment litigation.

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 as a team, identifying critical issues and developing strategies, and then executing the plan in an efficient, client-driven matter.

Our litigation practice is built on a simple premise: Courtroom excellence. It is essential to serving our clients and building their trust and satisfaction. We insist that the best way to achieve a favorable result is to always be prepared for a trial. Our trial experience – coupled with our understanding of the courtroom and extensive experience with trial presentation software – enables us to maintain a tradition of consistent excellence and a reputation for superb legal work. We embrace technology and utilize software, staff and new processes so that we are always using the most effective tools.

However, we recognize that most cases are settled prior to trial and we work hard to achieve fair settlements for our clients. We have extensive experience reaching settlement by mediation, arbitration and collaborative law. Many of our lawyers are trained mediation professionals with experience in hundreds of settlements in the alternative dispute resolution process. This experience provides us with the insight to assess when mediation is the right course.

We understand that results-based examples of client work are powerful, and below are summaries of recent cases that we have handled:

• Obtained a favorable settlement for an independent contractor insurance broker allowing him to continue running his successful business. The insurance company sought to enforce non-compete and confidentiality provisions related to termination of exclusive contractual relationship with the broker.
• Successfully dismissed a products liability case in New Hampshire Superior Court against a manufacturer and distributor of glass safety spheres used for highway marking.
• Obtained summary judgment on behalf of a college dismissing employment discrimination claims of a professor, which was affirmed by the 1st U.S. Circuit Court of Appeals.
• On behalf of a manufacturer and supplier of traffic control enforcement systems, persuaded an Iowa state court judge to enjoin the release of confidential business information on the basis that it was protected under the state's trade secret and bidding process laws.
• Following a jury trial in Massachusetts Superior Court, obtained a defense verdict and a $500,000 verdict on a counterclaim related to a terminated $3.1 million purchase and sale agreement concerning a group of fast food restaurants.

For further information on how we can assist you, please contact Wilbur A. Glahn, Chair of the Business Litigation Group, at wilbur.glahn@mclane.com.