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Practice Focus
Ed has litigated extensively in diverse areas, including: securities, fraud, trade secrets, patents, trademarks, contracts, employment law, shareholder disputes, copyright, public utilities, and environmental law. He has done so in Federal and State courts, at both trial and appellate levels, and has done so before State administrative agencies. He also counsels clients on a variety of intellectual property matters. Before entering private practice and joining Sheehan Phinney, Ed was a homicide prosecutor as a New Hampshire Assistant Attorney General.
- Served as special counsel to the New Hampshire Bureau of Securities Regulation in an action against UBS, which was charged with violations of State securities laws and breach of fiduciary duty to New Hampshire Higher Education Loan Corporation (NHHELCO); the case settled with UBS providing NHHELCO a total financial benefit of $20 million.
- Successfully defended against a claim of patent infringement by winning a reversal on appeal to the Federal Circuit Court of Appeals, which agreed with Ed that the District Court had committed clear error in finding infringement; the decision established standards for expert evidence in cases involving “complex technology.”
- Won a decision at the New Hampshire Supreme Court resulting in the creation of a new cause of action - malicious defense of civil proceedings.
- Served as special counsel to the New Hampshire Bureau of Securities Regulation in an action against UBS, which was charged with violations of State securities laws and breach of fiduciary duty to New Hampshire Higher Education Loan Corporation (NHHELCO); the case settled with UBS providing NHHELCO a total financial benefit of $20 million.
- Successfully defended against a claim of patent infringement by winning a reversal on appeal to the Federal Circuit Court of Appeals, which agreed with Ed that the District Court had committed clear error in finding infringement; the decision established standards for expert evidence in cases involving “complex technology.”
- Won a decision at the New Hampshire Supreme Court resulting in the creation of a new cause of action - malicious defense of civil proceedings.
- Served as Special Counsel to the New Hampshire Bureau of Securities Regulation in an administrative action against ING; the action resulted in a settlement that set new national standards for transparency in the marketing of retirement-plan products, and provided $2.75 million in restitution to affected retirement-plan participants.
- Defended a large international company in a trademark infringement suit brought by a New Hampshire company, which sought $1.5 million in damages from a New Hampshire jury. The jury awarded only $5,400.
- Successfully represented a large employer before the New Hampshire Supreme Court in overturning New Hampshire Department of Labor and Superior Court rulings that imposed costly hiring ratios on large employers.
- Won a defendant’s jury verdict for Dartmouth College in an age discrimination case.
- Successfully represented an electronics company in obtaining an injunction against a former employee preventing him from disclosing and using the company’s trade secrets and confidential information in his new employment.
- Successfully represented a copyright owner in litigation in Federal District Court.
- Successfully represented colleges in a number of suits against them by former students and staff.
- Successfully represented the former owners of a nuclear power plant in proceedings involving hundreds of millions of dollars for decommissioning financing.
- Serves as New Hampshire counsel to large corporations in a series of securities class actions.
- Serves as New Hampshire counsel to a large international brokerage house in securities cases.
- Serves as counsel to a number of corporations in trademark matters before the United States Patent and Trademark Office.
Education
B.A., with distinction, University of Virginia
J.D. , cum laude, Order of the Coif, Boston College Law School
Honors
Ed is listed in The Best Lawyers in America in five categories: appellate law, bet-the-company litigation, commercial litigation, litigation – employment/labor, and litigation – regulatory enforcement (securities, energy). He is also listed in Chambers USA and New England Super Lawyers, and is rated AV by Martindale-Hubbell.
Memberships and Admissions
Ed is admitted to practice before the Courts of the State of New Hampshire and the Commonwealth of Massachusetts, and before the United States Supreme Court, the United States Court of Appeals for the First Circuit, and the United States District Court for the District of New Hampshire. He is a member of the American, New Hampshire, and Massachusetts Bar Associations. He also is a member of the American Intellectual Property Law Association and the New Hampshire Bar Foundation.
Community Involvement
Ed has been active in local and state environmental organizations.
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