Professionals

Gary L. Franklin

Gary Franklin has specialized in all aspects of commercial 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, purchase and sale disputes in the aircraft industry, 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 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:

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:

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

In re Congdon, 365 B.R. 433 (Bkrtcy D. Vt. 2007)

In re Berlin Health & Rehabilitation, Inc., 180 VT. 432 (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 Taught:

Navigating the Regulatory Rapids in a Changing Environment in Vermont, Burlington, VT, October 1, 2004

Trends in Litigation, Vermont Bar Association, March 18, 2005

Professional Associations and Memberships:

Chittenden County Bar Association
President 2007 – 2008

Town of Charlotte Trails Committee
Chair, 2003 – Present

Charlotte Fire and Rescue
Board of Directors, 2005 – Present

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
Member

California Bar Association, Northern District of California, Ninth Circuit Court of Appeals, 1990 – Present
Member