Gary L. Franklin

Gary L. Franklin

Shareholder / Director / Senior Vice President
Burlington VT

Posts by Gary L. Franklin

President's Column: Listen to be Heard

As lawyers, we are trained to be zeal­ous…

President's Column | Behold the Future

Predicting the future has long captured our…

President's Column | It Matters

So, recently I was preparing a client for…

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Gary is a first chair litigator with deep experience across a broad spectrum of business litigation. He has appeared before State and Federal courts in multiple jurisdictions at both the trial and appellate level as well as before arbitration panels. Drawing on his many years of practical experience and the firm’s intellectual capital, Gary works with clients to quickly assess their needs and devise the best course of action. When working with Gary, clients know they have his attention and are confident in their representation.

By way of example, his practice includes contract litigation, disputes over intellectual property, employment, shareholder, real estate, and creditor’s rights, matters involving non-competes, trade secrets, unfair competition, regulatory investigations and e-discovery, and construction cases.

Education

  • University of California Hastings College of Law, J.D.
  • Tufts University

Professional Affiliations

  • National Board of Trial Advocacy
  • Vermont Bar Association (President 2018 - 2019)
  • Chittenden County Bar Association (President)
  • Leadership Champlain (2002 - 2003)
  • Lake Champlain Regional Chamber of Commerce
  • New York Bar Association
  • California Bar Association
  • New York City Bar Association

Admitted to Practice

  • Vermont Bar
  • New York Bar
  • California Bar

Pro Bono & Volunteer Work

  • Serves as an Acting Small Claims Judge
  • Vermont Bar Association’s Board of Managers

Notables

  • Defense verdict in Federal Court in bet-the-company case involving breach of agreement concerning licensing of and royalties for sale of valuable original content;
  • Substantial plaintiff’s verdict in Federal Court against national manufacturer for breach of purchase and sale contract;
  • Negotiated highly favorable complex settlement on behalf of plaintiff in case involving shareholder oppression and business valuation;
  • Defense verdict in State Court in boundary dispute involving common use of property and claims of adverse possession;
  • Negotiated highly favorable complex settlement on behalf of defendants in case involving claims of unfair competition, theft of trade secrets and trademark and copyright infringement;
  • Negotiated highly favorable complex settlement on behalf of plaintiffs in case involving breach of fiduciary claim against a financial advisor and common investors in connection with a failed real estate development.

Speaking Engagements

  • Presenter, "Defend Trade Secrets Act;" 138th Vermont Bar Association Seminar, 2016
  • Presenter, “Litigating Defective Mortgage Cases;” Seminar on Current Trends and Hot Topics in Consumer and Commercial Bankruptcies jointly hosted by the Vermont Bar Association (VBA) and NY
  • Capital Region Bankruptcy Bar Association; March 2015
  • Presenter, Business Law Divorce Seminar; Vermont Business Association Annual Conference, 2014
  • Presenter, “Proposed Expedited Case Rule;” Vermont Business Association Annual Conference, 2014
  • Co-presenter with Gary Karnedy and Greg Eaton at the Insurance Coverage Litigation Seminar with National Business Insurance (NBI); March 2009

Publications / Presentations

  • "Franklin: The Defend Trade Secrets Act of 2016," Vermont Business Magazine, September, 2016
  • Know and Protect Your Secrets,” Business People Vermont, July, 2012
  • "Protecting Your Company's Website: The Application of Intellectual Property to the Digital Marketplace,” The Vermont Bar Journal, Winter 2012, Vol. 37, No. 4.
  • "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