Matthew S. Borick

Director

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  • Overview

    • Well-rounded litigator who believes in constructive lawyering.

      By definition, the job of a litigator involves conflict. But in Matt Borick’s practice, his philosophy is to work with clients to “build” something from a dispute, such as a favorable resolution before trial – if at all possible. In fact, some of Matt’s biggest successes have not been realized in a court room or a judge’s chambers, but rather during the pre-trial phase. By utilizing a process he refers to as “constructive” lawyering, Matt is often able to resolve cases where it makes the most sense, from a business or personal perspective, to achieve the best possible outcome for his client. Using tools in the litigation process, Matt partners with his clients to position cases for a resolution in the their favor, all the while building a long-lasting, trusted relationship.

  • Experience

      • Matt represented a manufacturer of sugaring equipment against a former employee who stole from the company and misused company funds for his own benefit. Matt achieved an out-of-court resolution through which the client recovered the entire sum it initially sought in the litigation.
      • Successfully litigated a “trip and fall” negligence case for a New England supermarket chain from start to finish, ultimately obtaining a defendant’s verdict for the supermarket at trial.
      • Defended a major insurance carrier in a coverage case involving water damage to a home after a roofing company had failed to adequately cover its work. Matt obtained summary judgment in favor of the carrier.
      • Assisted in the prosecution of a trademark infringement action on behalf of a Burlington-based marketing firm against one of the largest marketing businesses in the world. The case resulted in a confidential settlement on favorable terms to DRM’s client.
      • Supported a local high-tech software firm in a lawsuit against a former employee who had misappropriated trade secrets, defected to an international competitor, engaged in copyright infringement, and violated state and federal computer crime statutes. The litigation resulted in a favorable settlement for the client.
      • Defended a nationally-known mortgage company in a negligence and breach of contract case brought by homeowners claiming improper disbursement of funds from a construction loan. Matt obtained summary judgment in favor of the mortgage company.
      • Has worked successfully alongside a number of large national firms in handling class action and mass tort lawsuits filed in Vermont in the areas of securities fraud, pharmaceutical and other products liability, real estate transactions, and other issues. Many of these cases have resulted in dismissals in favor of the client, or in favorable settlements.
      • Assisted three homeowners in a fraud and environmental litigation matter against a national bank. The case resulted in a multi-million dollar jury verdict for the homeowners.
      • In a pro bono matter, Matt assisted a widow and her daughter in reaching a resolution with the holder of an oppressive mortgage, which allowed them to retain their farm property and avoid foreclosure.
  • Reported Cases

      • Bergman v. Spruce Peak Realty, LLC, 847 F. Supp. 2d 653 (D. Vt. 2012)
      • Kellogg v. Wyeth, 762 F. Supp. 2d 694 (D. Vt. 2010)
      • State v. Howe Cleaners, Inc., 2010 VT 70, 188 Vt. 303, 9 A.3d 276 (2010)
      • In re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 2009 VT 124, 187 Vt. 142, 989 A.2d 563 (2009)
      • Kellogg v. Wyeth, 612 F. Supp. 2d 437 (D. Vt. 2009)
      • Kellogg v. Wyeth, 612 F. Supp. 2d 421 (D. Vt. 2008)
      • R.L. Vallee, Inc. v. American International Specialty Lines Insurance Co., 431 F. Supp. 2d 428 (D. Vt. 2006)
  • Publications & Presentations

    • Publications:

      Matt is one of the primary authors of DRM’s blog, The IP Stone: Deciphering Intellectual Property Law for Business. His posts include:

      • News From Our Own Vermont Backyard: Proposed Legislation on Password Privacy and Ownership of Inventions (February 22, 2013)
      • On-line Privacy: The FTC Snuffs Out A “History Sniffer” (January 9, 2013)
      • Password Privacy Laws: More States Are Now On-Board (October 26, 2012)
      • Lawmakers Take Aim At Password Privacy (June 29, 2012)

       Matt has authored numerous articles and papers including:

      • Co-Author, History Sniffing: Updates On Current Litigation, 3 Bloomberg Law Reports No. 23 (November 14, 2011)
      • Co-Author, History Sniffing, 3 Bloomberg Law Reports No. 5 (March 7, 2011)
      • Author, Increasing Your Stock Value at the Firm: Become an “ECF Guru”, Tri-State Defense Lawyers Association Newsletter (December 2008)
      • Author, A Look at Vermont's Computer Crime Statute, 34 Vermont Bar Journal No.2, page 1 (Summer 2008)

      Presentations:

      • Speaker, Are Former Employees Taking Your Data? - What Employers Need to Know About Applicable Legal Protection, Downs Rachlin Martin PLLC Labor and Employment Law Seminar (Burlington, Vermont, October 23, 2013)
      • Speaker, Social Media and Privacy: Current Topics, Tri-State Defense Lawyers Association Webinar (Vermont, May 29, 2013)
      • Speaker, Social Media: Basic Tips to Avoid Risks and Legal Pitfalls, Vermont Chamber of Commerce Business & Industry EXPO (Burlington, Vermont, May 23-24, 2012)
      • Speaker, Avoid the Legal Pitfalls and Risks of Cyber Crime and Social Media, Vermont Chamber of Commerce Webinar Series (Burlington, Vermont, April 11, 2012)
      • Speaker, Cybercrimes: Practical Tips for Your Business, Downs Rachlin Martin PLLC Webinar (Burlington, Vermont, October 27, 2011)
      • Speaker, Computer Crime: Notes on Prevention and Mitigation, Lake Champlain Regional Chamber of Commerce (Vermont, January 20, 2011)
      • Speaker, Inadvertent Disclosure and Waiver under Rule 502, Tri-State Defense Lawyers Association Annual Meeting (October 9, 2010)
      • Speaker, E-Discovery:  Accessibility, Sanctions & Safe Harbor, Vermont Bar Association 132nd Annual Meeting (Fairlee, Vermont, September 24, 2010)
      • Speaker, Federal Rule 502 and the Preservation of Privilege in the Age of Electronically Stored Information, Vermont Bar Association Teleconference (December 14, 2009)
      • Speaker, Deposition Issues, Vermont Bar Association’s Depositions: Tips and Strategies Webinar (February 3, 2009)
  • Memberships & Activities

      • American Bar Association, 2003
      • Defense Research Institute
      • Tri-State Defense Lawyers Association (Vermont President)
      • Vermont Bar Association; Chittenden County Bar Association
  • Community Involvement

      • Leadership Champlain Program Class of 2007
      • Board of Directors for South Burlington Youth Baseball & Softball
      • Youth sports coaching in South Burlington
      • Service on DRM United Way Committee

Well-rounded litigator who believes in constructive lawyering.

By definition, the job of a litigator involves conflict. But in Matt Borick’s practice, his philosophy is to work with clients to “build” something from a dispute, such as a favorable resolution before trial – if at all possible. In fact, some of Matt’s biggest successes have not been realized in a court room or a judge’s chambers, but rather during the pre-trial phase. By utilizing a process he refers to as “constructive” lawyering, Matt is often able to resolve cases where it makes the most sense, from a business or personal perspective, to achieve the best possible outcome for his client. Using tools in the litigation process, Matt partners with his clients to position cases for a resolution in the their favor, all the while building a long-lasting, trusted relationship.

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