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November 26, 2013

Rachlin Named Vermont Chair of American College of Trial Lawyers

The American College of Trial Lawyers has appointed Robert D. Rachlin of Burlington, senior director and general counsel of Downs Rachlin Martin PLLC, chair of its Vermont chapter.

October 17, 2013

Attorney Robert Luce to Moderate Panel on Trial Court Perspectives

Attorney Robert B. Luce will moderate a panel comprised of distinguished Vermont trial court judges entitled “As Judges See it: Top Mistakes Attorneys Make in Civil Litigation.”

August 28, 2013

DRM Attorneys Named Lawyers of the Year, 22 DRM Attorneys Recognized by Best Lawyers

Five Downs Rachlin Martin attorneys have been named Lawyers of the Year in Vermont and 17 other DRM attorneys will be featured in the 2014 edition of The Best Lawyers in America

August 15, 2013

Attorney Matt Borick Presents Program on Password Privacy Law

Attorney Matt Borick has presented a program to the Tri State Defense Lawyers Association on the status of privacy law and case law as it relates to use of social media within the employment relationship.

May 23, 2013

DRM Director Robert Luce Launches Traumatic Brain Injury Blog

Attorney Robert Luce announced the launching of a new blog relating to traumatic brain injury, or TBI. The blog aims to improve the general understanding of the diagnosis, treatment and prevention of serious brain injuries.

March 21, 2013

Attorney Andre Bouffard Argues Trucking Preemption Case at U.S. Supreme Court

Attorney Andre D. Bouffard of the northern New England law firm Downs Rachlin Martin today argued an appeal before the United States Supreme Court. The court will decide whether federal law deregulating the trucking industry preempts claims based on state laws regulating the sale and disposal of a towed vehicle.

February 12, 2013

Walter E. Judge Re-elected to Vermont Judicial Nominating Board

Attorney Walter E. Judge, Jr. was re-elected by his peers in the Vermont Bar Association to serve a third two-year term on the Vermont Judicial Nominating Board.

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June 6, 2012

Phone Call From Primary Care Clinic to ER Does Not Trigger EMTALA Obligations

Specialty hospitals often ask whether they risk violating the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. Section 1395dd, if a potential patient calls the admissions department for emergency treatment, but does not ever present on hospital property.

January 16, 2012

Waiting for the U.S. Supreme Court to Rule: Preparing Clients for Three Possible Outcomes of the Affordable Care Act Litigation

The Patient Protection and Affordable Care Act (PPACA) Act was signed into law on March 23, 2010. An ambitious, far-reaching, and comprehensive piece of federal legislation, designed to provide near-universal health insurance coverage to Americans, it is currently the subject of approximately thirty-one separate cases pending in the federal district courts. This article examines the three appellate rulings currently on appeal.

December 11, 2011

History Sniffing: Updates On Current Litigation

Originally published in the November 14 edition of Bloomberg Law Reports and reprinted here with permission, “History Sniffing: Updates On Current Litigation” was written by DRM attorneys Matthew S. Borick and Walter E. Judge Jr. The article reviews recent legal developments related to the alleged practice of adding hidden links to web addresses, in JavaScript code, that allow them to secretly access, or “sniff,” the browsing histories of web surfers. Borick and Judge represent business clients in commercial and intellectual property litigation matters, including copyrights, trademarks, trade secrets, computer crimes and cyberlaw.

October 27, 2011

Cybercrimes: Practical Tips for Your Business


Understanding proactive, technical measures that can reduce the risk of becoming a target and the legal consequences that could arise from failure to protect computers and data are essential for businesses of all sizes. What are the federal and state cybercrime laws and remedies? What post-incident actions should you be prepared to take? The seminar presenters provide practical pointers for protecting computers and computer-based information in addition to examining federal and state cybercrime laws and remedies.

August 21, 2011

Vermont Superior Court Decides A Number Of Issues Of First Impression In Vermont Insurance And Practice Law

In a recent Vermont law update published in the Summer 2011 issue of the Tri-State Defense Lawyers Association Newsletter, Walter Judge delves into Northern Security Ins. Co. v. Pratt, a case in which “Judge Crawford plows entirely new ground on many insurance coverage and practice issues not previously addressed by the Vermont Supreme Court.” Two particularly significant decisions of first impression in Pratt are: a) an insured does not necessarily forfeit coverage by refusing to sign a non-waiver agreement; and b) the insurer, and not the insured, has the right to select defense counsel for the insured when the insurer offers the insured a defense under a reservation of rights.

August 10, 2011

Sixth Circuit Issues First Appellate Ruling on Substance of PPACA

On June 29, 2011, the U.S. Court of Appeals for the Sixth Circuit became the first appellate court to address the merits of the healthcare reform law when it issued its opinion in Thomas More Law Center v. Obama, Docket No. 10-2388, moving the Patient Protection and Affordable Care Act (PPACA) Pub. L. 111-148 (as amended by the Healthcare and Education Reconciliation Act of 2010, Pub. L. 111-152) one step closer to the U.S. Supreme Court. The decision has also led to a district court dismissal of another case in the circuit. U.S. Citizens Ass’n v. Sebelius, N.D. Ohio, No. 5:10-cv-1065, 7/1/11.

July 28, 2011

Eric Poehlmann Presents Webinar on Electronic Discovery: Planning vs Panic


Virtually all correspondence, documents and records are stored and transmitted electronically. Is your company prepared to comply with the current laws and rules that apply to electronic discovery if litigation arises? In this webinar, litigation attorney Eric Poehlmann discusses steps you can take to be better prepared in the event you become involved in litigation involving electronic discovery.

June 7, 2011

The Impact of Loan Securitization on Standing and Real-Party-in-Interest Issues

Standing issues in federal court can be confusing and difficult without the additional complications introduced by a claim based on a securitized debt. The same is true in those states that have followed the federal Article III model for resolving standing questions. Recent higher scrutiny of mortgage-foreclosure filings and bankruptcy court filings made by holders of securitized debt require that greater care be put into identifying the correct holder of the claims and the documents establishing right of the holder to enforce the debt, prior to litigation being instituted. In the meantime, for the many pending cases where these issues are presently being litigated, absent prejudice to the defendant, real-party-in-interest deficiencies in these types of actions should be subject to cure by amendment of the pleadings. Courts and litigants can work through these disputes effectively and efficiently by applying the real-party-in-interest requirements of Federal Rule of Civil Procedure 17 or the equivalent state procedural rules.

June 1, 2011

A Need To Modernize: Transparency and Regulatory Reform Through Adoption of the 2010 Model State Administrative Procedure Act

The twin goals of transparency and regulatory reform are frequent topics of political debate and policy discussion. While adoption of the 2010 Model State Administrative Procedure Act would require some adjustment on the part of Vermont’s administrative agencies, the result would be a truly twenty-first century system of administrative laws ensuring that the rights of Vermont’s citizens and regulated entities are secured, the public’s right to know is preserved and enhanced, and the means available to administrative agencies to carry out their important policy tasks are clarified and streamlined.

April 14, 2011

Duties and Liabilities of Officers and Directors of Financially Distressed Companies to Creditors

Corporate officers and directors owe primary duties of care and loyalty to their company and its shareholders. However, the fidelity of officers and directors in most states must shift and run in favor of creditors as a company nears or enters insolvency. In such instances, officers and directors must shift their focus from maximizing profit for shareholders to preserving assets to satisfy creditors. In some states, creditors may sue derivatively on behalf of the corporation for negligence in performing or breach of fiduciary duties to creditors.

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March 22, 2011

History Sniffing

Originally published in the March 7 edition of Bloomberg Law Reports and reprinted here with permission, “History Sniffing” was written by DRM attorneys Matthew S. Borick and Walter E. Judge Jr. The article reviews recent legal developments related to the practice of displaying hidden JavaScript links to web addresses to track a visitor’s browsing history. Borick and Judge represent business clients in commercial and intellectual property litigation matters, including copyrights, trademarks, trade secrets, computer crimes and cyberlaw.

March 2, 2011

Insurance Coverage for Intellectual Property Claims: Are You Covered?


Comprehensive general liability insurance policies purchased years ago and/or third-party policies may provide coverage not only for liability exposure resulting from intellectual property infringement claims, but also for defense costs.

March 23, 2009

Insurance Coverage for Intellectual Property Claims

In an increasingly complex commercial world, exposure to intellectual property infringement claims and the costs of defending them are common problems. The outcome of a dispute over intellectual property rights can make or break a business, particularly when the business is a start-up or technology-driven. Businesses facing such claims devote significant resources – valuable time as well as money – to defend themselves. Given the increasing prominence and complexity of such claims, it is critical to know how to manage costs and minimize exposure effectively.

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