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      VERMONT
      Local litigation firms                    Local litigation stars                             Robert Luce
                                                                                                   Downs Rachlin Martin
                                                                                                   Commercial Litigation
      Highly recommended                        Jeffrey Behm
                                                Sheehey Furlong & Behm                             Karen McAndrew
      Dinse Knapp & McAndrew                    Antitrust, Employment Litigation, General          Dinse Knapp & McAndrew
                                                Commercial, Insurance                              Education Litigation, Employment Litigation
      Downs Rachlin Martin
                                                Crocker Bennett                                    Tom McCormick
      Gravel and Shea                           Paul Frank & Collins                               McCormick Fitzpatrick Kasper & Burchard
                                                Personal Injury, Products Liability                Commercial Litigation, Civil Litigation, Mediation
      Paul Frank & Collins
                                                Ritchie Berger                                     Robert McKearin
      Sheehey Furlong & Behm                    Dinse Knapp & McAndrew                             Dinse Knapp & McAndrew
                                                Commercial Litigation                              Alternative Dispute Resolution, Employment
                                                                                                   Litigation
                                                Andre Bouffard
      Recommended
                                                Downs Rachlin Martin                               Eric Miller
                                                Commercial Litigation                              Sheehey Furlong & Behm
      Cleary Shahi & Aicher
                                                                                                   Civil Litigation, White-Collar Crime
                                                Dan Burchard
      McCormick Fitzpatrick Kasper & Burchard
                                                McCormick Fitzpatrick Kasper & Burchard            John Monahan
      Theriault & Joslin                        Civil Litigation                                   Dinse Knapp & McAndrew
                                                                                                   Drug and Medical Device Liability, Professional
                                                Matthew Byrne                                      Malpractice
                                                Gravel and Shea
                                                Commercial Litigation, Intellectual Property,      Robert O’Neill
                                                Personal Injury, Products Liability                Gravel and Shea
                                                                                                   Commercial Litigation, Criminal Litigation,
                                                Robert Cain                                        Employment Litigation, Environmental and Land
                                                Paul Frank & Collins                               Use Litigation, Estate and Trust Litigation, Medical
                                                General Commercial Litigation                      Malpractice, Personal Injury, Products Liability

                                                David Cleary                                       Bruce Palmer
                                                Cleary Shahi & Aicher                              Downs Rachlin Martin
                                                Civil Litigation, Commercial Litigation            Insurance

                                                Robert DiPalma                                     Robert Rachlin
                                                Paul Frank & Collins                               Downs Rachlin Martin
                                                Commercial Litigation, Intellectual Property       General Civil Litigation

                                                Marc Heath                                         John Sartore
                                                Downs Rachlin Martin                               Paul Frank & Collins
                                                Products Liability                                 Civil and Criminal Litigation

                                                Thomas Heilmann                                    Tom Simon
                                                Heilmann Ekman & Associates                        McCormick Fitzpatrick Kasper & Burchard
                                                Civil Litigation                                   Civil Litigation

                                                Robert Hemley                                      James Spink
                                                Gravel and Shea                                    Sheehey Furlong & Behm
                                                Antitrust, Commercial Litigation, Criminal         Products Liability, Professional Negligence
                                                Litigation, Employment Litigation, Medical
                                                Malpractice, Personal Injury, Products Liability

                                                Samuel Hoar                                        Future stars
                                                Dinse Knapp & McAndrew
                                                Insurance, Products Liability, Toxic Torts         Debra Bouffard
                                                                                                   Sheehey Furlong & Behm
                                                Peter Joslin
                                                Theriault & Joslin                                 Nolan Burkhouse
                                                Commercial Litigation, Medical Malpractice,        Paul Frank & Collins
                                                Products Liability
                                                                                                   Sonya Sibold
                                                Walter Judge                                       Paul Frank & Collins
                                                Downs Rachlin Martin
                                                Commercial Litigation                              Shapleigh Smith Jr.
                                                                                                   Dinse Knapp & McAndrew


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                                                                                                                                   VERMONT



Vermont                                                                                           related shareholder claims, one an
                                                                                                  individual claim and the other a derivative
                                                                                                  claim. Andre Bouffard represented a
                                                                                                  German software company that was sued in
                                                                                                  federal court, along with one of the
Vermont has been able to recruit some state court judges who are well qualified                   plaintiff’s former employees and his new
such as Robert Mello, who has an extraordinary reputation as a litigator. Even in                 employer, by a supplier of stonecutting
                                                                                                  machinery and tools on alleged that the
the face of serious budget issues, the state has been fortunate to attract these                  client supplied defective software, which it
new state judges of such high caliber. One of the measures taken to allow for this                sold to customers and later interfered with
was cutting back on the “side judges” that traditionally had been set up as lay                   its employment contract with the former
people that were paid to “judge the judges,” as it were. These were instituted due                employee. The client counterclaimed for
to a distrust of lawyers, and it was believed litigants would obtain a more fair                  unpaid invoices. The plaintiff sought in
                                                                                                  excess of $500,000 in damages. Bouffard
result if you had someone on guard to manage the judges without any stakes                        obtained a complete victory, including
involved. But these side judges are anachronistic and not particularly helpful                    obtaining a court trial judgment in favor of
Unbelievably, the state has not done away with them fully but at least they have                  the client and the co-defendants.
cut back on them significantly.
                                                                                                  Gravel and Shea
                                                                                                  Tracing its genesis to 1967, Burlington
Highly recommended firms                         his thriving insurance practice; however         boutique Gravel and Shea today provides
                                                 Smith has been increasingly active as a          legal services in a wide variety of disciplines,
Dinse Knapp & McAndrew                           legislator, being the Speaker of the House in    including civil litigation, intellectual
Formed in 1997, Burlington-based boutique        Vermont for the past two years, and peers        property, personal injury litigation, and
Dinse Knapp & McAndrew is primarily              speculate that this might reduce his activity    employment law. Peers note that “They have
involved in civil litigation and education and   within the firm.                                 distinguished themselves over the years in
employment law. Despite its relatively recent                                                     commercial contract litigation.” Like many
entry into the Green Mountain State              Downs Rachlin Martin                             Vermont firms, Gravel and Shea prides itself
community, it is recognized as one of            Downs Rachlin Martin has since blossomed         on its fierce commitment to environmental-
Vermont’s most prestigious firms.                into the largest law firm in Vermont and one     related matters as well.
   Ritchie Berger is one of Vermont’s premier    of the largest full-service firms in northern       Local litigators acknowledge Robert
trial lawyers. He concentrates defending         New England. The firm maintains offices in       Hemley as “the driving force” behind
clients in complex civil litigation throughout   Burlington, St. Johnsbury, Brattleboro, and      Gravel and Shea’s success, along with
Vermont and across New England. Samuel           Montpelier, as well as a New Hampshire           Matthew Byrne. In June 2011, the two
Hoar is recommended for his broad                office in Lebanon, and an office in              litigators were among a team of attorneys
experience in environmental and toxic tort,      Plattsburgh, NY. A client champions the          that prevailed in the US Supreme Court
products liability, insurance coverage and       firm by attesting, “They were chosen based       against the State of Vermont in the case of
                                                                                                  IMS v. Sorrell. The Supreme Court struck
                                                                                                  down a Vermont law that infringed on the
“A Downs Rachlin Martin clientthan what we wouldusbe paying
work locally at a cost that’s less
                                   claims, ‘They give quality                                     First Amendment rights of companies that
                                                                                                  process data relating to the prescription of
                                                                                                  pharmaceutical drugs. The State law
                                                                                                  prohibited the companies from using the
in Boston or New York and the level of services is higher and                                     data, while at the same time allowing the
local.’  ”                                                                                        State to use the very same data. While
                                                                                                  Vermont attempted to justify the law as
                                                                                                  advancing its broader health care agenda by
general litigation matters. Hoar, along with     upon a recommendation provided to me by          promoting the use of generic drugs, the
Sophie Zdatny, won a major ruling in             my first law firm in New York City,              Court held that the law constituted
January 2010 for the insurer in an               followed by my own interview and due             improper viewpoint discrimination. The
environmental coverage action brought by         diligence into the firm’s capability and         firm also successfully defended a major
the State of Vermont in a case arising out of    experience with this type of case. I would       court decision regarding the development of
the seven-figure clean-up of a gas station       certainly use Downs Rachlin again if the         a Wal-Mart store in St. Albans, in an appeal
site. Relying on regulations and actions of      need arose for employment litigation in          before the Vermont Supreme Court. The
the Vermont Department of Banking,               Vermont or New Hampshire.” The firm is           Supreme Court affirmed the decision by the
Insurance, Securities and Health Care            experiencing extensive growth in its             Vermont Environmental Court regarding
Administration, as well as Vermont trial         intellectual property group, making              local and state permits for this development
court decisions, the State argued that the       substantial moves into the patent arena. An      following an oral argument in March 2011.
pollution exclusion contained in the policy      intellectual property client notes, “They give   Project opponents who brought the appeal
at issue was unenforceable. The court            us quality work locally at a cost that’s less    made arguments regarding the alleged bias
nevertheless concluded that the pollution        than what we would be paying in Boston or        of a local zoning board member and the
exclusion should be enforced, and so             New York and the level of services is higher     legal effect of a prior application for a Wal-
granted summary judgment against the             and local.” Some of these businesses include     Mart at the site of this development, and the
State. The State declined to pursue an           Husky and University of Vermont.                 Court rejected all of these arguments.
appeal. John Monahan focuses on the                Litigation group chair Robert Luce has
defense of medical malpractice claims, legal     achieved several recoveries of over a million    Paul Frank & Collins
malpractice claims, and drug and medical         dollars in personal injury cases. In addition,   Paul Frank & Collins serves Vermont and
device liability, including class actions.       within the last year, Luce represented the       surrounding areas, including communities
Shapleigh Smith is touted as future star for     manager of private equity funds in two           across the border in Canada, through offices

                                                              THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS                 449
      VERMONT


      in Burlington and Plattsburgh, New York.           disputes arising under the Uniform
      The firm’s litigation practices include            Commercial Code and commercial lease
      products liability, medical malpractice and        disputes.
      personal injury, insurance and professional
      liability. Peers note, “They have some             Sheehey Furlong & Behm
      terrific litigators, [who are] very                Burlington boutique Sheehey Furlong &
      committed.”                                        Behm represents national, regional and
         S Crocker Bennett has tried many                Vermont-based business enterprises, non-
      personal injury and product liability cases to     profit organizations, and individuals. The
      verdict in state and federal courts in             nine-person firm boasts an impressive list of
      Vermont. Although he primarily represents          clients, including Daimler Chrysler, Green
      hospitals, physician practice groups and           Mountain Coffee Roasters, Verizon New
      individual health care providers in medical        England, and Volkswagen of America, Inc.
      malpractice cases, he has also represented         Peers note that “White-collar crime is one of
      plaintiffs in significant personal injury cases.   the most prominent areas of their practice.”
      Effective June 2010, Bennett has also been          One member of the legal community says
      nominated the president and CEO of the             Eric Miller has “really distinguished himself
      firm. Recommended by several peers,                in on the defense side of professional
      Robert DiPalma represents lenders in               malpractice claims and white-collar criminal
      commercial finance transaction and also            cases, and has done an outstanding job on
      handles intellectual property litigation,          those cases.” The firm also benefited from
      including trademark and copyright                  the arrival of James Spink, a veteran
      infringement,        and    opposition      and    litigator who headed his own firm, Spink
      cancellation proceedings before the Patent         Miller, before joining, and strengthening,
      and Trademark Office. He also litigates            Sheehey Furlong & Behm in 2011.




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