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James E. Regan
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James E. Regan

Partner

860.275.6771
Hartford
Boston
jregan@mccarter.com

James Regan is a proven litigator and trial lawyer with a track record of achieving excellent results for domestic and international clients across a broad range of industries and disputes. Clients value James for his practical approach, wide-ranging experience, and candor. James provides counsel to his clients on all aspects of their business operations, helping to not only identify and minimize risk, but to capitalize on opportunity.

A versatile practitioner, James has favorably resolved high-value business disputes involving diverse issues, including breach of contract, breach of fiduciary duties, 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, both international and domestic, operating in a multitude of industries with a particular focus on manufacturing, construction, and real estate development. While James’ experience in the state and federal courts of Connecticut and Massachusetts is substantial, he regularly appears in courts around the country and has significant experience in mediation and private arbitration, including before the American Arbitration Association and the Alternative Dispute Resolution Center, as well as significant experience before administrative bodies.

In addition to his litigation and trial work, James has substantial experience drafting and negotiating construction contracts, ranging from general contracts and subcontracts to design-build agreements and engineering and architectural agreements, representing contractors, subcontractors, owners, developers, and public-private partnerships.  James is committed to pro bono work and has dedicated hundreds of hours to pro bono clients during his career, focusing primarily on housing and veterans issues.

Representative Matters

Pharmaceutical company—Construction contracting

Drafted and negotiated construction contracts related to upgrades to laboratory facilities and renovations to office space.

Contractor—Construction contracting

Reviewed and negotiated a construction contract for a warehouse in Florida for a global merchant.

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.

Highlights

Recognitions

Recognition image 10959
Connecticut Super Lawyer, 2013–2020 Rising Star, Super Lawyers, 2010–2012
Recognition image 2536
New Leaders in the Law, Connecticut Law Tribune, 2016
Ranking Disclaimers: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. For SuperLawyers methodology, see https://www.superlawyers.com/about/selection_process.html.

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Services

Business Litigation
Manufacturing
Construction & Real Estate Litigation
Construction Defect Litigation
Construction Contracting
Class Action & Multidistrict Litigation
Products Liability, Mass Torts & Consumer Class Actions
Cannabis
Appellate Litigation
Real Estate

Education

University of Connecticut School of Law JD, 2006
George Washington University BA, cum laude, 2003

Bar Admissions

Connecticut
Massachusetts

Court Admissions

U.S. Court of AppealsSecond CircuitU.S. District CourtDistrict of ConnecticutU.S. District CourtDistrict of MassachusettsU.S. Bankruptcy CourtDistrict of Connecticut

Memberships & Certifications

American Bar Association

Connecticut Bar Association

Massachusetts Bar Association

Insights Awards Stars
News|Recognition
McCarter & English Named Litigation Department of the Year, Business/Commercial
Connecticut Law Tribune
5.13.2021
Media item displaying Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic
Publications|Alert
Several Northeast, Mid-Atlantic States Address Commercial Evictions During COVID-19 Pandemic
Coronavirus Legal Advisory
4.28.2020
Insights Speaking Hands
Events|Speaking Engagement
Advocate or Obstructionist? Balancing Decorum and a Duty to Cooperate with Zealous Representation
McCarter & English CLE Program
12.3.2019
stars
News|Recognition
James Regan Named 2016 “New Leaders in the Law” by the Connecticut Law Tribune
Connecticut Law Tribune
9.22.2016
Insights Awards Trophies
News|Press
Law360 Names Attys Who Moved Up The Firm Ranks In Q2
Law360
7.13.2016
Insights Awards Stars
News|Press
McCarter Promotes Seven to Partnership in Five Locations
McCarter Press Release
4.1.2016
Insights News Contract Stack
News
Lateness Bars Foam Co. Report in Antitrust MDL, Court Told
Law360
6.12.2015
Insights Awards Trophy
News|Recognition
2015 Litigation Department of the Year Profile: Writing the Book on Business Law
​Connecticut Law Tribune
5.18.2015
McCarter & English, LLP
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