Representative Matters

Representative Matters: Litigation

  • Prevailed in a 3+ week arbitration matter in San Diego, California, in a case involving $10-15 million in claimed damages. QualityBuilt.com sued our client, Criterium Engineers for $8-10 million for breach of contract and other related intellectual property claims. Criterium Engineers' counterclaim sought approximately $1.9 million for services rendered, plus interest, costs and attorney's fees. The arbitrator ruled in favor of Criterium Engineers on all counts and awarded Criterium Engineers $3.6+ million in damages. QualityBuilt.com recovered nothing.
  • Simultaneously obtained judgment in excess of $1-2+ million in favor of a national commercial product distributor against four regional retail distribution outlets in several New England States; and permanent restraining orders prohibiting the retail outlets from using the distributors federally registered trademarks.
  • Successfully resolved a construction litigation dispute by assisting a client in overturning an initial attachment order of $2.3 million and related jury trial demand and resolution of the claim without payment of any money from our client to the claimant.
  • Obtained a $1.1 million judgment for our client Kate’s Homemade Butter after a 1+ week jury trial, appeal to the Maine Supreme Court and remand to the Maine Superior Court for further findings of fact and conclusions of law.  The case involved a commercial construction dispute involving the negligent design, manufacturing and installation of SIP roof panels and related issues against a Rhode Island based manufacturing company called Branch River Plastics.
  • Successfully defended a several million dollar claim in a 1+ week bench trial in Maine Probate Court arising out of the ownership of an automobile franchise and related real estate holdings.
  • Successfully defended a client against a multi-million claim related to damages arising from the collapse of a crane on four residential buildings near commercial construction project.
  • Won summary judgment on behalf of a Maine corporation defeating a $1.4+ million claim arising out of the sale and distribution of a nursery home and related real estate.
  • Obtained a $750,000 non-dischargeable judgment in a commercial contract dispute involving the sale of commercial vehicles.
  • Obtained a several hundred thousand dollar judgment arising out of the fraudulent distribution of estate assets.
  • 2nd chaired an $8,000,000.00 jury verdict against Bank of America (formerly Fleet National Bank) for financial planning malpractice.

Representative Matters: Franchise & Business

  • Successfully defended a multi-million dollar claim arising out of the ownership of an automobile franchise and related real estate holdings.
  • Successfully defended and prosecuted dozens of claims on behalf of franchisors to enforce their contractual, intellectual property and post termination rights against existing former franchisees.
  • Assisted publicly traded company with franchise due diligence associated with purchasing the 300+ unit Oregon-based franchising system and post-purchase regulatory representation.
  • Assisted numerous franchise businesses with expanding their operations on regional, national and international level, including the creation of franchise, area development, joint venture and related agreements as well as state and federal regulatory compliance.
  • Assists numerous entrepreneurs in all phases of starting, growing and operating small businesses and related investment opportunities.

Firm Highlights

Publication

Maine WC Alert: Updated Version of Notice of Controversy (WCB-9) Must Be Used Effective February 1, 2020

Following the recent statutory changes to the Workers’ Compensation Act, the Maine Workers’ Compensation Board has updated the language in Box 22 of the Notice of Controversy. This new version should be used as...

Event

Ken Rubinstein to Present at Boston Bar Association Brown Bag Lunch

2019 AIA A133 CM at Risk with a Guaranteed Maximum Price – Updates You Should Be Aware Of Ken Rubinstein will present an update on the provisions and implications of the new AIA form...

News

David B. Van Slyke Named Preti Flaherty Managing Partner

Preti Flaherty is pleased to announce that, in a unanimous vote, the firm’s partnership has elected attorney David B. Van Slyke as its incoming Managing Partner. David is one of the preeminent environmental lawyers...

Publication

Maine WC Appellate Division Addresses Refusal of Suitable Work and Notice

The Maine Workers' Compensation Appellate Division recently addressed cases dealing with refusal of suitable work and notice. Both decisions rely heavily on the specific facts of each case. In the context of a refusal...

Event

Tony Manhart and Jason Howe Present Top Ten Construction Contract Tips for ABC of Maine

As part of the Associated Builders and Contractors (ABC) of Maine Contractor Series, Preti Flaherty attorneys Tony Manhart and Jason Howe will present the Top Ten tips for AIA contracts. ABC is a national association with 72...

Publication

Maine WC Alert: MAE Unit Publishes Guidance on Compliance with Recent Amendments

The Maine Workers’ Compensation Board’s Monitoring, Audit & Enforcement Unit has issued a document to provide guidance on complying with certain recent amendments to the Workers’ Compensation Act in P.L. 2019, c. 344 (LD...

News

Preti Flaherty Welcomes Government Relations Liaison Andrew I. Roth-Wells to the Firm

Preti Flaherty is pleased to announce that Andrew I. Roth-Wells has joined the firm as a Government Relations Liaison. Andrew will help manage legislative and regulatory advocacy efforts for the firm’s Government Affairs Team...

Press Coverage

Bangor superintendent blocked BDN reporter on Twitter after critical news coverage

In an apparent violation of the First Amendment, Bangor schools superintendent Betsy Webb temporarily blocked a journalist on Twitter following a report that news of a student suicide was announced over the loudspeaker at...

News

Preti Flaherty Attorney Benjamin S. Piper Promoted to Partner

Preti Flaherty is pleased to announce that the firm’s partnership has named attorney Benjamin S. Piper as a partner. Ben is a member of the firm's Environmental, Litigation, and Media Law Practice Groups and works...

Publication

Bankruptcy Alert: Significant Implications of the New Small Business Reorganization Act of 2019

Small Business Reorganization Act of 2019 (H.R. 3311) On August 23, 2019, President Trump signed the Small Business Reorganization Act of 2019 (H.R. 3311) (the “SBRA”) into law.  Lenders should be aware of the...