R. Bradford Fawley

Brad Fawley tries cases for and provides counseling advice to a wide range of clients ranging from Fortune 100 companies to individuals throughout New England regarding environmental, insurance coverage and intellectual property matters.

Brad’s environmental practice is largely focused on litigation relating to contaminated properties and toxic tort claims. He also defends clients in enforcement actions brought by environmental agencies and citizen groups.

Brad has extensive experience representing policyholders in disputes against insurance companies regarding insurance coverage for environmental and other liabilities.

Brad is DRM’s senior intellectual property litigator and has handled significant trademark, patent and copyright litigation in state and federal courts throughout New England and in other states. As with his environmental practice, Brad pursues coverage for his IP clients who have been sued for infringement.

Brad prides himself in providing attentive, cost effective service that is always focused on achieving his client’s business objectives. With the client’s objectives in mind, he assembles the best team available to handle the client’s litigation and then directs the team’s efforts toward specific intermediate and long term objectives.
Brad’s twenty-five years of experience in the litigation trenches in courts across the country enables him to quickly evaluate the proper tactical moves that will best position his clients – and frees him to apply innovative solutions to resolve thorny issues. Through experience and careful psychological insight, Brad is able to place himself in the mindset of the judge or jury in the cases he tries to determine what presentation will motivate the decision maker to rule in his client’s favor.
Litigation matters often take years to resolve. During this process, Brad involves our clients in all significant strategic decisions to ensure that the client is a well informed and contributing member of the litigation team and is aware and approves of how its resources are being spent

Environmental: Brad led a team of 15 DRM professionals in a $100 million Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation for a Fortune 50 industrial manufacturer. The case required two substantial trials and two sets of appeals over a 10 year period before resolution. Besides numerous other environmental litigations, he also achieved a $7 million settlement and a $5 million verdict in two property damage toxic tort cases. Recently, he employed a novel use of the 13th and 14th Amendments to secure a permanent injunction against a polluter who was discharging on his client’s property.

Insurance: Brad has collected tens of millions of dollars from insurance companies that have refused to provide coverage to his clients on matters ranging from environmental liabilities to trademark infringement suits.

Intellectual Property Litigation: Brad achieved a significant victory for his client, Black Diamond Equipment, Ltd., by defeating a claim of trademark infringement on the basis of laches (failure to assert one’s rights in a timely manner.) The case is now on appeal. The litigation costs for the case were fully recovered because of Brad’s suit against Black Diamond’s insurer. Recently, Brad and DRM’s intellectual property team sued one of the largest businesses in the world within a particular industry for trademark infringement and achieved a confidential settlement that resulted in a permanent injunction and recovery of most of the client’s legal fees.

Brad regularly represents and aids art organizations in his community on a pro bono basis.

“IP Insurance Coverage -- Use It or Lose It: How to Make Sure Your Insurers Defend and Indemnify You for Intellectual Property Claims (Eleven Infrequently Asked Questions)”

When he is able to free himself from a demanding litigation schedule, Brad provides free in-house seminars to clients and potential clients on the fundamentals of insurance so that they can be sure to secure the most benefit possible from the insurance they have purchased.

Conservation Law Foundation v. Hannaford Bros. Co., 327 F.Supp.2d 325 D.Vt. (2004) (Clean Water Act citizen's suit)

In re Stormwater NPDES Petition, 180 Vt. 261, 910 A.2d 824, 2006 VT 91, Vt. (2006 ) (NO. 04-515)(stormwater regulatory dispute)

Okemo Mountain, Inc. v. U.S. Sporting Clays Ass'n., 376 F.3d 102, C.A.2 Vt., (2004) (general release)

MyWebGrocer, LLC v. Hometown Info, Inc., 375 F.3d 190, 2004 Copr.L.Dec. P 28,851, C.A.2 Vt. (2004) (copyright infringement of grocery store product descriptions)

Ensign-Bickford Industries, Inc. v. Great American Ins. Co., Not Reported in A.2d, 2003 WL 21978112, Conn.Super., (2003) (insurance coverage for environmental claims)

U.S. v. Davis, 261 F.3d 1, 53 ERC 1097, 32 Envtl. L. Rep. 20,048, 57 Fed. R. Evid. Serv. 748, C.A.1 R.I., (2001) (CERCLA contribution)

Leon's Bakery, Inc. v. Grinnell Corp., 990 F.2d 44, Prod.Liab.Rep. (CCH) P 13,455, C.A.2 Conn., (1993) (contractual limiation of product liablity)

Mumford Cove Ass'n, Inc. v. Town of Groton, Conn., 786 F.2d 530, 24 ERC 1116, 4 Fed.R.Serv.3d 510, 16 Envtl. L. Rep. 20,532, C.A.2 Conn., (1986) (Clean Water Act citizen suit)