Litigation

When the solution isn’t black or white, you need out-of-the-box thinking that brings your adversaries to the table and your case to a close.

Downs Rachlin is known for creative strategies that resolve disputes to meet our client's goals.

Find the advantage.

Downs Rachlin’s innovative advocates look beyond motion practice and procedural rules to business realities. No matter how complex your case, we seek solutions that cut through the slow grind of litigation to quickly achieve your essential needs.

Our approach is simple: find your adversary’s Achilles heel and leverage it to your advantage, in or out of court. To that end, we convene carefully selected brainstorming teams from all parts of the firm, steeped in the law, the industry, the community, the courts and the players. Their diverse perspectives yield a clear—and sometimes surprising—roadmap to success.

You are our most important collaborator.

Because no one knows your business like you do, you are a crucial part of our working team.  At the outset of your case, we will work with you to develop a litigation plan that meets your needs—including strategy, objectives, communication and budget.  As events unfold, you can expect to be closely involved in strategic discussions and quickly informed of developments.

We run with the big dogs.

With more than a dozen lawyers, paralegals and technical specialists, we are among the largest litigation practices in northern New England, but our real value lies beyond our numbers.  Downs Rachlin lawyers have experience in virtually every area of 21st-century commercial litigation, and have tried hundreds of cases to verdict.

Many of our lawyers are veterans of major urban law firms, and we often find ourselves sitting beside or across the table from those same firms.  We understand how they think and work, and can match them move for move. Blending our high-stakes case experience with our efficient style creates an approach that is both swift and sophisticated.

Boots on the ground.

Downs Rachlin lawyers are thoroughly dialed in at the local level. Our lawyers have clerked for local courts, run community organizations and participated in industry groups and local bar associations. Our experience provides inside knowledge of the northern New England legal scene.

Our litigators have appeared in both state and federal jurisdictions across the country.  Should your matter take you beyond U.S. borders, our position as the exclusive member firm in Vermont for Lex Mundi – the world’s leading network of independent law firms with in-depth experience - provides one-call access to lawyers in 100+ countries worldwide.

Recent Accomplishments

Downs Rachlin represents clients in a wide array of business disputes nationwide.  Recent matters include state, federal and administrative proceedings, mediations and arbitrations including:

  • Served as lead litigation counsel for a New Jersey-based private equity firm, handling shareholder claims, contract claims and administrative law claims throughout the eastern United States. Recent matters include a shareholder derivative claim and associated insurance coverage disputes in Massachusetts Superior Court, concerning a United Kingdom investment.
  • Represented national franchising companies and local businesses against intellectual property theft by ex-employees and others involving non-compete violations, trade-secret misappropriations, patent infringement and confidentiality breaches.
  • Represented national mortgage lenders and servicers in foreclosure and bankruptcy litigation in Vermont and New Hampshire (in trials and appeals) regarding servicing practices, wrongful foreclosure, standing to enforce mortgage loans, loan modification disputes and CFPB rules compliance.
  • Represented businesses in commercial disputes throughout the Northeast in industries including energy, technology, telecommunications, energy, finance, food and manufacturing.
  • Represented municipalities in disputes involving employees, finance, contract and governance.
  • Represented victims of traumatic brain injury and other serious injuries, and achieved many recoveries in excess of $1 million.
  • Represented policyholders and insurers in matters concerning coverage for professional liability, toxic tort, property damage and fire loss, general liability, environmental liability, products liability, employment practices, business interruption, automotive liability and other liability coverages.
  • Represented national manufacturers in disputes in New Hampshire and Vermont concerning sales and warranties, remedies for breach and products liability under the Uniform Commercial Code and applicable state laws.

 

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