Commercial Litigation

When it comes to any kind of litigation, an ounce of prevention is often worth a pound of cure. Lawyers at the firm have many years of experience counseling clients on policies and practices that will assist the clients in avoiding commercial litigation. When commercial clients come to us with problems that might ripen into litigation we will work with them quickly and intensely to assess the facts surrounding the problem, the law applicable to it, and their business objectives in order to identify the most cost-effective and expeditious means of achieving those business objectives. If litigation cannot be avoided we aggressively and persistently press our clients’ interests within and outside of court to try to achieve a favorable outcome for them through settlement, jury trial or a hearing before an arbitration panel. Representative matters include:

• Breach of contract claims including all manner of claims made under the Uniform Commercial Code;
• Small business dissolutions including prosecution and defense of claims of shareholder oppression;
• Defense of employee claims made under Vermont’s Fair Employment Practices Act;
• Prosecution of contractor claims for payment under Vermont’s Prompt Pay Act, 9 VSA §§ 4001, et seq;
• Litigation of claims of “unfair or deceptive acts or practices in commerce” brought under the auspices of Vermont’s Consumer Fraud Act, 9 VSA §§ 2451, et seq;
• Claims of “Timber Trespass” made under 13 VSA 1301, et seq;
• Professional malpractice claims against doctors, lawyers and engineers;
• Litigation of actions brought under Vermont wage laws;
• Defense of claims brought by individuals and Vermont’s Human Rights Commission under Vermont’s Fair Housing and Public Accommodations Act, 9 VSA §§ 4500, et seq; and,
• Defense of pollution enforcement actions brought under the Vermont Waste Management Act, 10 VSA §§ 6601, et seq.

Professionals Practicing in this Area