James E. Regan

Massachusetts higher education institution—Construction contracting

Drafted and negotiated construction contracts related to construction of new  student housing buildings.

Contractor—Construction contracting 

Reviewed and negotiated a construction contract for the renovation of a commercial storefront in Florida.

International motorcoach manufacturer—Arbitration win

Obtained a $17 million arbitration award on behalf of an international motorcoach manufacturer against its former U.S. distributor for breach of a distribution agreement.

Berkshire Hathaway subsidiary—Construction defect defense

Defended a Berkshire Hathaway subsidiary in multiple a construction defect cases  involving spray foam insulation and roofing products, obtaining favorable resolutions.

Closely held manufacturer—Successful acquisition

Represented the part owner of a highly successful multi-generational family-owned manufacturing company in a shareholder dispute, successfully negotiating the acquisition of 100% of the shares of the company for our client. 

Medical device maker—Case of first impression

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 on all counts.

Massachusetts-based health insurance company—Construction contracting

Drafted and negotiated a multi-million dollar construction agreement on behalf of a multi-billion dollar health insurer as owner for renovations to an existing office facility.

Federally Qualified Community Health Center—Construction contracting

Drafted and negotiated an agreement between owner and construction manager and an agreement between owner and architect for the design and build of a substance abuse treatment facility on behalf of one of Connecticut’s largest community healthcare organizations. 

Engine coolant manufacturer—IP dispute

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.

Foreign corporation—Debt collection matter

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.

Spring Air mattress manufacturers and licensees—Antitrust MDL

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.