James E. Regan | McCarter & English, LLP

James Regan is a veteran commercial litigator and trial lawyer with a track record of achieving excellent results for clients across a broad range of industries and disputes. Clients value James for his effective representation in the courtroom, his practical approach, and for his skills as a negotiator, able to recognize and take advantage of opportunities to reach advantageous compromises that resolve matters without protracted litigation. James prides himself on becoming intimately familiar with his clients’ businesses and goals in order to better fashion innovative and effective strategies that achieve the desired results.

A versatile practitioner, James has favorably resolved high-value business disputes involving diverse issues, including breach of contract, breach of fiduciary duty, unfair competition, theft of trade secrets, and fraud claims, among many others. His clients range from individuals to Fortune 500 companies, limited liability companies, partnerships and closely-held corporations, operating in a multitude of industries, including manufacturing, construction, real estate development, medical device sales, equipment manufacturing and sales, transportation, banking, finance and publishing.

James’ experience in the state and federal courts of Connecticut and Massachusetts is substantial, and he is also often called upon by clients for representation in courts around the country. When alternatives to the traditional litigation process would better serve his clients, James has significant experience in mediation and private arbitration, including before the American Arbitration Association and the Alternative Dispute Resolution Center, among others.

A sizable portion of James’ practice also involves representing clients in Probate Court, and administrative bodies such as the Connecticut Department of Labor, the Connecticut Statewide Grievance Committee and the Massachusetts Appellate Tax Board.

In addition to his litigation and trial work, James has experience drafting and negotiating construction contracts, ranging from general contracts and subcontracts to design-build agreements to engineering and architectural agreements. James also provides counseling to clients on all aspects of their business operations, helping them to identify and minimize risk. Clients value James’ wide-ranging experience, his analytical abilities and his candor.

James is a firm believer in the importance of pro bono work and has dedicated hundreds of hours to pro bono clients during his career, focusing primarily on housing, veterans issues and international child abduction.

Represented a big-box retailer in an ad valorem tax appeal against the City of Milford, Connecticut. We won an approximate 30% reduction in the value of its property, amounting to approximately $7.5 million. Our client enjoyed the immediate benefit of a $250,000 credit against its taxes, which will eventually create a tax savings approaching $650,000 over the next several years.

Defended a Berkshire Hathaway subsidiary in product liability litigation involving a home building product, which plaintiffs claimed emitted noxious gases. After successfully obtaining sanctions for spoliation of evidence, we achieved a very favorable resolution.

Defended a Michigan-based outdoor recreation company in a contract action arising out of the failed provision of broadband services. The Second Circuit affirmed a judgment we obtained in the District of Connecticut and awarded attorneys’ fees on behalf of our client.

Defended an engine coolant manufacturer in a dispute over the use of assigned intellectual property, in particular the licensing and use of certain patent rights, related know how, and trade secrets, and the payment of royalties from their use. The matter involved complex issues of patent infringement and claims construction of patents related to non-aqueous heat transfer fluid systems.

Represented a foreign corporation in connection with collection on a debt owed by a French/U.S. dual resident arising out of an international arbitration. The representation includes both litigation in Connecticut Superior Court and consultation with the client regarding French litigation and related U.S. litigation arising from asset purchases.

Served as plaintiffs’ counsel for more than a dozen Spring Air mattress manufacturers and licensees in the favorable settlement of a federal MDL against several domestic and international manufacturers of polyurethane foam. We sought damages and injunctive relief from defendants pursuant to §1 of the Sherman Antitrust Act alleging that, for more than a decade, defendants engaged in a conspiracy to fix the price of polyurethane foam used in our mattress products.

Defended a leading medical device manufacturer in an action brought in the District of Connecticut by the operator of an online auction site which facilitates the purchase of medical supplies by hospitals and buying organizations. Plaintiff alleged that our client failed to make payments to the auction operator of a portion of any awarded bid, as allegedly required by the auction rules. We contended that the entire auction payment scheme violates the Federal Anti-kickback Statute as it relates to medical contracts, an issue of first impression under health care regulation. The Court agreed with us and granted summary judgment in all counts.

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Representative Matters

Big-box retailer—Successful tax appeal

Berkshire Hathaway subsidiary—Product liability

Recreation company—Breach of contract appeal

Engine coolant manufacturer—IP dispute

Foreign corporation—Debt collection matter

Spring Air mattress manufacturers and licensees—Antitrust MDL

Medical device maker—Case of first impression

Highlights

Recognitions