Litigation

Brann & Isaacson’s emphasis on a creative and result-oriented approach is exemplified by its comprehensive litigation practice. Lawyers at Brann & Isaacson have handled complex judicial proceedings, administrative hearings, and commercial arbitrations throughout the country, as well as in our own backyard in Maine.  We have represented clients in cases in commercial, employment, intellectual property, contracts, class action, real estate and land use, privacy, trade regulation, and corporate governance and dissolutions law. Two partners at the firm have briefed, argued, and won cases in the U.S. Supreme Court. Additionally, the firm has submitted over a dozen “friend–of–the–court” briefs in the U.S. Supreme Court on behalf of dozens of national retailers, retail organizations, and others, on issues ranging from state sales and use taxation to patent law. We provide clients with a unique combination of strategic thinking, first-rate trial and appellate skills, and well-tested litigation judgment and negotiation skills.

“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 are not reluctant to try cases, but are also highly skilled negotiators who can create opportunities to resolve cases inexpensively and efficiently.  The client’s best interest will always be pursued whether in the courtroom or in the board room.

Brann & Isaacson has handled complex litigation matters in state and federal courts both locally and throughout the country, as well as in domestic and international arbitrations.  These have included class action cases involving WARN Act claims, automated telephone dialing, and coupon sales taxes.  Brann & Isaacson also regularly litigates business and commercial disputes including contractual matters, corporate break ups, shareholder disputes, construction litigation, insurance matters, as well as real estate and land use matters.  We have also litigated numerous employment cases including discrimination (age, sex, race, ethnicity, retaliation, whistleblower), harassment, wrongful termination, wage and overtime, FMLA. For more information about our extensive intellectual property litigation practice, CLICK HERE.

Our lawyers have tried multi–million dollar cases to a jury verdict. Whether it is a “bet–the–company” case or a run of the mill dispute, we handle the case as efficiently as possible.

In addition to extensive trial skills, our lawyers have wide–ranging appellate experience. Collectively, we have represented clients in well over 100 appeals in the U.S. Supreme Court, most of the federal courts of appeal, and in many state appeals courts. 

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 that 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 Maine’s federal courts in Portland and Bangor, and in Maine state courts assisting out-of-state companies, individuals and their attorneys, including recently AT&T and Microsoft.  Because we regularly litigate in those courts, serve on the local rules committees, and have clerked for the local judges, Brann & Isaacson lawyers are familiar with the ins and outs of the local rules and practices and bring the expertise and credibility needed to make your out of town experience in Maine courts an efficient and successful experience.

We have offices in Maine’s two largest cities.

We provide the full range of services as local counsel, from serving as a sounding board assisting lead out-of-state counsel, to handling major responsibilities and trying the case, if requested.


National Scope and Experience – Local Responsibility

The firm’s litigation attorneys have represented or appeared in state and federal courts around the country as well as locally on behalf of large multinational corporations, small start-ups, and online and multichannel sellers, government agencies, and individuals, such as AT&T, Barnes & Noble, DeLorme, G.E. Commercial, L.L. Bean, Lloyds of London, PC Connection, Savage Services, Talbots, Vermont Country Store, and Zales, among others.

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 Brann & Isaacson’s commitment and responsibility to Maine and our local communities, we also regularly appear in administrative hearings, and courtroom settings on behalf of local municipalities and school districts. 

 

 

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