Litigation

Not many firms the size of Brann & Isaacson can boast that they can try a multi-million dollar case to a jury and handle an appeal in the U.S. Supreme Court. We can.

Every litigation partner has tried at least one case to a jury in state or federal courts across the country, and some, many more. We have represented both plaintiffs and defendants in numerous cases worth millions of dollars. Our lawyers have also handled cases before administrative agencies and commercial arbitration panels nationwide. We have represented large and small companies in the panoply of lawsuits affecting business today, from contracts to employment, intellectual property to real estate, and trade regulation to corporate governance.

Our lawyers have argued three cases in the U.S. Supreme Court, and handled appeals in all but one of the U.S. Courts of Appeals. We have argued numerous appeals in state appellate courts from Maine to California. We have filed over a dozen “friend-of-the-court” briefs in the U.S. Supreme Court and elsewhere on behalf of some of the largest retailers and retail organizations in the country.

“The lawyers at Brann & Isaacson are vested in a true partnership with Talbots.  They understand our business, our brand and our values.  They work collaboratively with our legal and business teams with the same level of passion and intensity that we expect from our own employees.  Moreover, they appreciate the strategic value of written correspondence and polite advocacy, which has worked to Talbots’ advantage on countless occasions.”

Mara D. Calame, Chief Legal Officer, The Talbots, Inc.

Our litigators are advocates who try cases, but also highly skilled negotiators who create opportunities to resolve cases inexpensively and efficiently. Whether in the courtroom or the boardroom, we always pursue the client’s best interest.

Many law firms have “litigators.” Brann & Isaacson has “trial lawyers.”

Our lawyers have handled cases in state and federal court from Portland, Maine, to Portland, Oregon. Every litigation partner has tried between one and ten jury trials. Our lawyers have also tried cases before administrative agencies throughout the country for large national retailers; and we have conducted domestic and international arbitrations as far away as Ireland. In over a dozen of these cases, millions of dollars were at stake. In one such case, a jury returned a defense verdict for our clients in five minutes following a six-day trial.

Whether it is a “bet-the-company” case or a run-of-the-mill dispute, we handle lawsuits as efficiently and cost-effectively as possible. We file motions and conduct discovery strategically, rather than automatically, with an eye towards resolving the case favorably for our clients. And our lawyers never forget that resolving a case favorably may mean negotiating a settlement.

Our lawyers have litigated the gamut of disputes affecting companies today: business and commercial disputes, contractual disputes, corporate break-ups, shareholder and governance issues, construction claims, insurance coverage, and real estate clashes. Our lawyers have gone to court in numerous employment matters, including discrimination, retaliation, whistleblower, wage and overtime, FMLA, and WARN Act matters. We have litigated consumer disputes, including privacy, consumer protection, false claims, and TCPA cases. We also have a national intellectual property litigation practice representing some of the largest retailers in the country.

Brann & Isaacson lawyers regularly handle appeals up to and including the U.S. Supreme Court. Our lawyers have briefed and argued three cases in the U.S. Supreme Court, including two of the most important federalism and Commerce Clause cases in the last 25 years.

Our lawyers have handled over 50 cases in the U.S. Court of Appeals in all but one Circuit. We have handled over 100 appeals in at least 16 different States, from Maine to California. Prior to joining the firm, our lawyers handled or supervised hundreds of appeals across the country.

In addition to handling direct appeals, Brann & Isaacson lawyers frequently assist litigants by filing friend-of-the-court briefs on behalf of major companies and organizations in the U.S. Supreme Court, the U.S. Court of Appeals, or a State Supreme Court. We often file such briefs in the most prominent patent, tax, and other appeals. Recently, 41 companies, including eBay, Oracle, and Walmart, joined one of our amicus briefs in the U.S. Supreme Court, more companies than joined any amicus brief filed in any case that term. We also assist litigants by participating in moot courts for U.S. Supreme Court oral arguments.

Our lawyers obtained substantial appellate experience prior to joining Brann & Isaacson. One of our lawyers was previously the Maine State Solicitor, where he supervised all civil appeals and won the award for Best Brief filed in the U.S. Supreme Court. Other lawyers have clerked for the Maine Supreme Judicial Court or the First Circuit.

Brann & Isaacson regularly acts as local counsel in state and federal court in Maine. Because we litigate in state and federal courts throughout the country, and thus regularly hire local counsel, we understand and respect the multiple roles of local counsel: to take direction from lead counsel; to act as a sounding board for lead counsel; to advise lead counsel on local practice and preferences; and to handle minor or major responsibilities, as requested.

Our lawyers are familiar with state and federal courts in Maine, having handled state cases in every county in Maine, and before every sitting federal judge in Maine. One of our lawyers serves on the federal local rules committee, and our lawyers have clerked for three of the federal judges sitting in Maine. We have tried jury cases in both state and federal court. Because we are familiar with the ins and outs of practice in Maine, we can advise lead counsel what to do—and perhaps more importantly, what not to do—in court in Maine. We have offices in Maine’s two largest cities.

In addition to acting as local counsel for individuals and small companies, we have acted as local counsel for AT&T, Microsoft, and the leading online travel companies (Expedia, Travelocity, Priceline, and Orbitz). In a number of those cases, after demonstrating competence and credibility, lead counsel asked us to take on increased responsibility, including handling some motion practice, expert discovery, and settlement negotiations.


Brann & Isaacson lawyers have litigated cases as lead counsel in state or federal court across the country for many nationally recognized companies, including: Abt Electronics; Ann Taylor; A|X Armani Exchange; Balsam Brands; Barnes & Noble; Coldwater Creek; Crutchfield; Express; Gilt; Hasbro; J. Crew; J. Jill; Kickstarter; L Brands; Lego; L.L. Bean; NaviStone; National Business Furniture; Newegg; OKCupid; Overstock; PetMed Express; Staples; Talbots; TJX; Vermont Country Store; Warby Parker; and Wayfair.

Our national practice and experience pays major benefits at home where we regularly represent both large and small local businesses, entrepreneurs, and individuals. As part of our commitment and responsibility to Maine and our local communities, we also regularly appear in administrative hearings and courtrooms on behalf of local municipalities and school districts.

 

 

Print Friendly, PDF & Email