Gary L. Franklin

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150 South Champlain Street
Burlington, Vermont 05401
Phone: (802) 864-0880
Fax: (802) 864-0328
Email: gfranklin@primmer.com


  

Gary is Board Certified as a Civil Trial Lawyer by the National Board of Trial Advocacy, an American Bar Association accredited association. He has practiced in all aspects of business litigation since 1990. His litigation experience is diverse, having handled all manners of disputes across a broad range of industries. Examples of his practice include handling contract disputes, intellectual property and licensing disputes, wrongful termination and employment claims, commercial landlord/tenant actions, banking litigation, consumer fraud issues and bankruptcy litigation. He also has substantial administrative law and regulatory experience. Gary has litigated in numerous jurisdictions nation-wide and has argued appeals on both the State and Federal level. Prior to joining the firm in 1999, Gary practiced in San Francisco, California and New York, New York. He is a licensed attorney in New York and California in addition to Vermont. Gary is listed in Super Lawyers/New England in the practice area of Business Litigation. He is recognized as one of the top commercial litigators in Vermont by The Chambers USA Guide.

Areas of Practice:
  • Litigation
Bar Admissions:
  • Vermont
  • New York
  • California
Education:
  • University of California, Hastings College of Law, San Francisco, California, 1990
  • Tufts University, 1985
Published Works:
  • Lock ‘Em Out or Go to Court?, Business People Vermont, October, 2008
  • Watching the Clock and Your Wallet: Who Gets Overtime?, Business People Vermont, April, 2008
  • A Primer on Permit Reform, Business People Vermont, January, 2005
  • Recycling Report: A Mandate to Stimulate the Market for Recycled Paper in the Legal Community, The Record of the Association of the Bar of the City of New York, March/April Vol. 54, No. 2, 1999
Representative Cases:
  • Schonbek v. Chase, 2010 VT 91 (VT 2010)
  • Chooseco LLC v. Lean Forward Media, LLC, 2010 U.S. App. Lexis 2169 (2d Circ. 2010)
  • Havey v. Homebound Mortgage, Inc., et al., 547 F.3d 158 (2d Cir. 2008)
  • Mansfield Heliflight, Inc. v. Bell/Augusta Aerospace Co., LLC, 504 F. Supp. 2d 638 (N.D. Tex 2007)
  • Smith v. Country Village International, Inc., 2007 Vt. 132, 944 A.2d 240 (Vt. 2007)
  • In re Congdon, 365 B.R. 433 (Bkrtcy D. Vt. 2007)
  • In re Berlin Health & Rehabilitation, Inc., 180 Vt. 432, 912 A.2d 449 (Vt. 2006)
  • Havey v. Homebound Mortgage, Inc., 2005 WL 1719061 (D.Vt. 2005)
  • Manosh v. FMV, 885 A.2d 1218 (Vt 2005)
  • Dodson Intern. Parts, Inc. v. Altendorf, 2004 WL 2814320 (D.Kan. 2004)
  • In re Entergy Nuclear Vermont Yankee, 2004 WL 729303 (Vt. PSB 2004)
  • In re Whelton, 312 B.R. 508 (D.Vt. 2004), 299 B.R. 306 (Bankr D.Vt. 2003)
  • In re Citizens Communications Co., 2002 WL 31103647 (Vt. PSB 2002)
  • Brattleboro Memorial Hospital v. The Department of Banking, Insurance, Securities and Health Care Administration, 782 A.2d 1217 (Vt 2001)
  • Feeney v. City of New York, et al., A.D. 2d, 680 N.Y.S. 2d 646 (2d Dep’t 1998)
  • In re Frank Santora Equip. Corp., B.R., 199 WL 168481 (E.D.N.Y. 1998)
  • Blankman v. Inc. Village of Sands Point, et al., 249 A.D. 2d 349, 670 N.Y.S. 2d 802 (2d Dep’t 1998)
  • Bayshore Family v. Foundation of Jewish Philanthropies, 239 A.D. 2d 373, 658 N.Y.S. 2d 326 (2d Dep’t 1997)
  • McGann v. Inc. Village of Old Westbury, 170 Misc. 2d 314, 647 N.Y.S. 2d 934 (Nassau Co. 1996)
Classes/Seminars/Speaking Engagements:
  • Gary Franklin, Gary Karnedy and Greg Eaton were presenters at the Insurance Coverage Litigation Seminar with National Business Insurance (NBI) in Burlington Vermont, March 25, 2009
  • Navigating the Regulatory Rapids in a Changing Environment in Vermont, Burlington, VT, October 1, 2004
  • Trends in Litigation, Vermont Bar Association, March 18, 2005
  • Panelist, Seventh Annual Vermont Bar Association Bankruptcy Law Section CLE Program
Professional Associations and Memberships:
  • Certified member of the National Board of Trial Advocacy, 2011 - present
  • Chittenden County Bar Association, President 2007 – 2008
  • Town of Charlotte Trails Committee, Chair, 2003 – 2010
  • Charlotte Fire and Rescue, Board of Directors, 2005 – 2007
  • Lake Champlain Regional Chamber of Commerce, Class of 2003, Leadership Champlain Environmental Law Committee of the Association of the Bar of the City of New York,1995 – 1998, Chair: Subcommittee on Recycling
  • New York Bar Association, Southern and Eastern Districts of New York, 1994 – Present California Bar Association, Northern District of California, Ninth Circuit Court of Appeals, 1990 – Present