Jennifer E. McDonald

Vermont Law School, J.D. magna cum laude; Vermont Journal of Environmental Law (Editor-in-Chief)

University of Vermont, B.A.

• Lead counsel on behalf of a large Vermont Municipality in federal and state court litigations filed by commercial properties group asserting constitutional claims arising out of a development agreement.
• Co-Counsel in litigation on behalf of the City of Burlington against the developer of CityPlace Burlington.
• Obtained $3.66 million federal jury verdict in complex commercial case against a party represented by an international litigation firm. Jennifer handled cross-examination at trial of the opposing party’s principal trial witness and made the closing argument on behalf of DRM’s client. This commercial verdict was the 61st largest in the United States in 2019.
• With DRM’s Government Enforcement and White Collar Defense Group, Jennifer investigated allegations of sexual misconduct, sexual harassment, sexual exploitation, and retaliation at the Vermont Department of Corrections women’s prison. Jennifer testified before the Joint Legislative Justice Oversight Committee and the House Committee on Corrections and Institutions regarding the conclusions of the investigation.
• Lead counsel in high-stakes Second Circuit appeal. Jennifer successfully argued that her client’s facility was entitled to federal preemption and was not subject to local regulations. The Second Circuit affirmed a permanent injunction in favor of her client.
• Lead counsel in multi-day International Arbitration proceeding in the ICC against large foreign manufacturer concerning breach of contract and license agreements.
• With DRM’s Government Enforcement and White Collar Defense Group, Jennifer conducted a sensitive internal investigation into a critical student safety issue on behalf of a major Vermont institution of higher education.
• Lead counsel in multi-day trial in U.S. District Court, District of Vermont in a personal injury/product liability case resulting in post-verdict judgment for defendant.
• Obtained dismissal of constitutional claims against government officials on immunity grounds.
• Second chair of the litigation team that brought suit against a German industrial manufacturer and its parent corporation on behalf of a Vermont company, alleging breach of contract, fraud, and breach of the implied covenant of good faith and fair dealing. The claim arose out of a manufacturer’s representative agreement. The suit, which was in the Federal District Court for the District of Vermont, was vigorously litigated, requiring numerous experts, and depositions in California, Washington, Texas, and New York, amongst others. After successfully defeating a barrage of motions filed by the defendants, the case was settled on the eve of trial. The terms of the settlement are required to be kept confidential.
• Assisted in obtaining a multi-million dollar jury verdict for a Vermont ski and snowboard resort in a breach of contract dispute against the Alliance of Action Sports and NBC Universal involving an internationally televised action sports event.
• Obtained the dismissal of a $16 million dollar taxpayer lawsuit against a large Vermont municipality.
• Represented a large Vermont municipality in a complex commercial litigation arising out of a $33.5 million dollar financing of a municipal enterprise.

Vermont, 2009

U.S. District Court, District of Vermont, 2010

U.S. Court of Appeals, Second Circuit, 2011

Vermont Bar Association

U.S. District Court Advisory Committee

Chittenden County Bar Association

Listed in Best Lawyers®, Litigation- Insurance, 2024

Listed in New England Super Lawyers, 2020-2023

Listed in New England Super Lawyers as a Rising Star, 2017-2019

Board of Bar Examiners – Associate Examiner

Vermont Professional Responsibility Program for Attorney Conduct, Hearing Panel Chair

Federal Court Advisory Committee for the District of Vermont, Member

Leadership Champlain, Class of 2013

Vermont Family Network, Board Member 2015 -2020

Home Owner’s Association Board Member

Mansfield Heliflight, Inc. v. Freestream Aircraft USA, Ltd., 2019 WL 5081061 (D. Vt. Oct. 10, 2019)

Vermont Railway, Inc. v. Town of Shelburne, 918 F.3d 82 (2d. Cir. 2019)

Jang v. Trustees of St. Johnsbury Acad., 771 F. Appx. 86 (2d Cir. 2019)

Osier v. Burlington Telecom et al., 2016 VT 34 201 Vt. 483, 144, A. 3d 1024 (2016)

Pcolar v. Casella Waste Systems, Inc., 2012 VT 58, 192 Vt. 343, 59 A.3d 702 (2012)

Rathe Salvage, Inc. v. R. Brown & Sons, Inc., 2012 VT 18, 46 A.3d 891, 894 (2012)

Author, The Future of Remote Litigation And Benefits Of In-Person Depositions And Proceedings For Attorneys And Clients (November 17, 2021)

Presenter, Trends To Watch In White Collar Enforcement (Webinar, November, 19, 2021)

Speaker, Vermont Bar Association Mid-Winter Meeting 2020, eDiscovery

Speaker, Vermont Bar Association Annual Meeting 2019, Torts Year in Review

Speaker, Vermont Bar Association Annual Meeting 2017, Torts Year in Review

Speaker, Vermont Bar Association Annual Meeting 2015, Torts Year in Review

Speaker, Vermont Bar Association Annual Meeting 2014, Torts Year in Review