News

January 2012

Congratulations to Jeff Johnson and Denise Deschenes, who have been elected as Chair and President, respectively, of the PPEC Board of Directors.

We are pleased to announce that Jeffrey Marlin and Joslyn Wilschek have become Shareholders of the firm

Congratulations to Alexandra Edelman who has been admitted to practice in the U.S. District Court for the Northern District of New York.

December 2011

PPEC's Employment Law Update is now available.

Congratulations to Greg Clayton who was admitted to practice in the United States District Court for the District of Maine on December 14, 2011.

James Feehan, PPEC's Government Relations Director, spoke on Vermont Health Care Reform: Where Are We, and Where Are We Going? for Hickok & Boardman in Burlington on December 8, 2011.

Members of PPEC support the Committee on Temporary Shelter by taking part in the COTS Annual Coolest Lunch.

On January 24, 2012, Alexa Clauss will present on Sexual, Racial, and Other Harassment and Discrimination at the Employment Law Beyond the Basics CLE seminar sponsored by Sterling Education Services, Inc., to be held at the Hilton Hotel in Burlington, VT. Registration is available online.

Gary Franklin is now one of only six lawyers in the State of Vermont Board Certified as a Civil Trial Lawyer by the National Board of Trial Advocacy, an American Bar Association accredited organization that provides board certifications. His certification is the culmination of a rigorous application and testing process.

Congratulations to Tom Getz, Alex Edelman and Katie Amestoy who were admitted to practice in Vermont on December 7, 2011, and to Logan Baker who was admitted to practice in New Hampshire on November 15, 2011.

November 2011

A Special Edition of the PPEC Captive Newsletter is now available.

Gary Karnedy attended the Labor Arbitration Institute Program on Labor Law and Arbitration in Boston on October 27, 2011. Gary serves on the Vermont Labor Relations Board.

Douglas Wolinsky will be a co-presenter on the recent United States Supreme Court decision in Stern v. Marshall, at a CLE Seminar sponsored by the Vermont Bar Association to be held at the Quechee Club in Quechee, Vermont on December 2, 2011.

October 2011

Congratulations to PPEC attorneys Leo Bisson, Greg Clayton, Anne Cramer, Jon Eggleston, Gary Franklin, Neil Wheelwright and Doug Wolinsky for being selected for inclusion on the New England Super Lawyers 2011 List. Also to Keith Roberts for being selected for inclusion on the New England Rising Stars 2011 List.

The law firm of Primmer Piper Eggleston & Cramer PC, with offices in Burlington, Montpelier and St. Johnsbury, Vermont and Littleton, New Hampshire is proud to announce that the following attorneys from the firm have been selected as 2011 New England Super Lawyers:

Leo Bisson - Professional Liability: Defense
Gregory Clayton - Business Litigation
Anne Cramer - Health Care
Jon Eggleston - Tax
Gary Franklin - Business Litigation
Neil Wheelwright - Real Estate
Douglas Wolinsky - Bankruptcy & Creditor/Debtor Rights

The Super Lawyers designation is a great honor. Only five percent of the lawyers in our state can earn this distinction; it is based on peer recognition and professional achievement.

Keith Roberts has been selected for inclusion on the New England Rising Stars 2011 List. No more than 2.5% of the lawyers in any state are named to this list. Keith's primary area of practice is Corporate/Business Law.

While attending a Benefit Concert for Flood Relief, Steve Reynes, a shareholder at PPEC was lucky enough to have his picture taken with Grace Potter. We want to add our thanks to Grace Potter for giving her time and effort to raise more than $200,000 to help those affected by Irene.

Greg Eaton and Jeff Marlin presented at the Vermont Claims Association 2011 Fall Conference entitled "What an Adjuster Needs to Know to Settle a Case" at the Sheraton-Burlington Conference Center on October 6, 2011

Jeff Johnson will be the moderator at the Vermont Captive Insurance Association (VCIA) Seminar "The Strategic Advantages of Captive Insurance" in Washington D.C. on October 25, 2011

September 2011

Leo Bisson and Jeff Marlin were presenters for the Year-in-Review Insurance Law Update at the Vermont Bar Association Annual Meeting on September 23, 2011 at the Lake Morey Resort in Fairlee, VT.

PPEC Sponsors Vermont Hackathon

Primmer was proud to be a sponsor at the Vermont Hackathon hosted by MyWebGrocer, a 24 hour round the clock computer programming event in which participants were challenged to build something within a variety of platforms, including web, mobile or social media. The Firm sponsored the third place cash prize of $2000. Gary Franklin was on hand for the presentation of the award.

Greg Eaton Obtains Favorable Defense Verdict

Greg Eaton recently obtained a defense verdict in a commercial premises liability case following a jury trial in Lancaster, New Hampshire. Greg represented a truck stop in Colebrook, New Hampshire.

The Plaintiff claimed she slipped and fell on ice while using the gas pumps. Plaintiff underwent arthoscopic surgery on her knee and presented testimony that she would require a knee replacement as a result of her fall. In closing argument, Plaintiff's counsel asked the jury to award over $60,000 in past and future medical bills in addition to pain and suffering.

At trial, Greg presented evidence regarding the owner's frequent and systematic maintenance practices, as well as the Plaintiff's own negligence in causing the accident. After deliberating for three hours, the jury returned a verdict in favor of Greg's client.

Trade Secret Settlement

The firm recently obtained a favorable settlement on behalf of a client in the direct marketing business accused of misappropriation of trade secrets, unfair competition and copyright violations.

The case was filed in federal court by a business competitor alleging that its website and marketing strategy were mimicked and that its secret business methods were wrongfully obtained through the hiring of the competitor's former CEO. The firm was able to develop a potent defense through strategic discovery and motion practice, and negotiate a settlement that fully protected the client's business interests allowing it to proceed in the market unrestricted.

For more information about the firm's litigation practice in this area please contact Gary Franklin or Kevin Henry.

PPEC is pleased to announce that Ralphine O'Rourke has joined the firm as Of Counsel. She will be located in our Burlington office. Ralphine has a wealth of experience having worked in both Vermont and Massachusetts law firms. Her primary areas of practice include corporate law, commercial and financing transactions. Please view Ralphine's complete profile at the attached link.

PPEC is pleased to announce that Katherine Amestoy has joined the firm as an associate. Katie is a recent Vermont Law School magna cum laude graduate. Katie's primary areas of practice will be in Corporate and Energy. She will be based in our Burlington office. Please view Katie's complete profile at the attached link.

Congratulations to Anne Cramer, Denise Deschenes, Jon Eggleston, Bill Piper, Steve Reynes, Gail Westgate, Neil Wheelwright and Doug Wolinsky for their inclusion in the 2012 edition of The Best Lawyers in America.

Keith Roberts, Alexandra Clauss, Anne Cramer and Shireen Hart speak on Physician Employment Strategies Under Health Care Reform at the VAHHS 76th Annual Meeting.

Greg Eaton and Jeff Marlin will conduct a workshop on "What Does an Adjuster Need to Settle a Case" at the 25th annual Vermont Claims Association Seminar on October 6, 2011 at the Sheraton Hotel in Burlington, VT

Gary Karnedy and Laurie Noyes will serve as part of a Panel hosting a roundtable discussion on the Effective Utilization of Paralegals during the 133rd Annual Meeting of the Vermont Bar Association to be held at the Lake Morey Resort in Fairlee, Vermont on September 23, 2011.

August 2011

Cassandra LaRae-Perez secures win for client in New Hampshire Supreme Court

PPEC received a favorable decision from the New Hampshire Supreme Court in the matter of The Willowdale Place Cooperative v. Joyce Towle Varney.

This case involved compliance with statutory procedures creating a right of first refusal for tenants in connection with a $1 million sale of a mobile home park in Littleton, NH. At issue was whether a 1% closing adjustment in the price, which was contemplated in the conditional purchase and sale agreement distributed to all the tenants, constituted a material change that triggered an obligation to re-notify tenants of the terms of the sale. Gregory S. Clayton won the case at the trial level in Grafton County Superior Court and Cassandra LaRae-Perez handled the appeal before the Supreme Court, which affirmed the Superior Court decision, securing a victory for our clients.

Jim Clemons was recently elected to serve on the Vermont Law School Board of Trustees

July 2011

July 2011: PPEC's Eli Emerson secures approval of Green Mountain Power Corporation's smart grid plan.

July 2011: Anne Cramer and Shireen Hart present a Pediatric Legal Update.

On July 20, 2011, Anne Cramer and Shireen Hart spoke at the 2011 PCC Users’ Conference in Burlington, Vermont. Their topic for presentation was a Practical Pediatric Legal Update. They spoke about federal human resource law developments and advised on recommended updates to a health care provider’s privacy and security policies as a result of the HITECH Act.

July 2011 - PPEC obtains Vermont Supreme Court victory for client in fiduciary litigation.

On July 8, 2011, the Vermont Supreme Court issued a decision affirming the grant of summary judgment in favor of the Firm's client in a complex case involving claims of breach of fiduciary duties and fraud in connection with the administration of a trust, of which the Firm's client was a trustee and beneficiary. Plaintiffs' challenged the purchase of real property by the trustee/beneficiary as being a usurpation of a trust opportunity and also challenged certain distributions from the trust. Plaintiffs' also alleged a claim of fraud in connection with the appointment of a replacement trustee.

On March 5, 2010, the trial court issued a 37 page opinion granting summary judgment in favor of the Firm's client on all counts. A copy of the trial court's opinion is available here. In a unanimous decision, the Supreme Court affirmed the trial court. The case is In re Estate of Nancy B. Alden v. Julia Dodge Alden Dee and Todd Howard Alden, 2011 VT 64. A copy of the Court's opinion is available here. For questions about this case or other fiduciary litigation matters please contact Jon Eggleston or Kevin Henry

June 2011

June 2011 - Gary Karnedy and Logan Baker authored a comprehensive update describing recent developments to the Vermont Consumer Protection Laws for the ABA's 2011 Consumer Protection Law Developments publication. This update will be published in August 2011.

June 2011 - Greg Eaton and Jeff Marlin presented on mediation strategy and negotiating tactics to the Vermont Claims Association on June 15th in Waterbury.

June 2011 - Congratulations to Jim Clemons, Jon Eggleston, Gary Franklin, Jeff Johnson, Steve Reynes, Keith Roberts, Gail Westgate and Rusty Young for their selection as leading lawyers noted in their field by Chambers USA.

June 2011 - Kevin Henry attends 8-day trial advocacy program put on by the National Institute of Trial Advocacy (NITA) in Boulder, Colorado.

Kevin Henry recently attended an eight day trial advocacy program put on by the National Institute of Trial Advocacy (NITA) in Boulder, Colorado. NITA is the premier provider of trial advocacy training in the United States, and its faculty are some of the most experienced trial attorneys and trial court judges from around the country. This intensive program is designed for practitioners with a wide range of experience and provides a unique opportunity to enhance all aspects of trial skills including jury selection, opening statements, direct and cross examination, and closing arguments.

June 2011 - PPEC will be sponsoring the 30th anniversary event of the Vermont Captive Insurance Association. It will be celebrated on Burlington's waterfront at the historic Union Station on June 22nd beginning at 4:30. The celebration will be led by Governor Peter Shumlin. Former Governor Jim Douglas will be in attendance as well. Please click here for more information on the 30th anniversary celebration.

June 2011 - Douglas Wolinsky recently participated in a panel presentation to InventVermont on the topic of Understanding and Protecting Intellectual Property

June 2011 - Primmer firm prevails in 2nd Circuit Court of Appeals

On June 1st, the Primmer firm prevailed against a Plaintiffs' class action appeal to the 2nd Circuit Court of Appeals. The Federal Court affirmed the complete dismissal of a class action lawsuit against Primmer clients American Skiing Company, S-K-I, Ltd., and Killington, Ltd. The Court agreed that ski passes for over 1,200 class members had expressly and unambiguously expired at the time of the sale of the Killington Ski area assets, and found that our clients faithfully honored their contractual obligations. Gary Karnedy argued the case for Primmer.

May 2011

May 2011: PPEC Walks for the Homeless

May 2011: PPEC is happy to welcome Keith Jones back to the firm as an associate. Keith's practice is primarily in the areas of Government Relations and Captive Insurance. He represents clients before state and federal regulatory agencies and advocates on behalf of clients before legislators, committees and administrative agencies.

April 2011

April 2011 - Gary Karnedy is now on the LCL Advisory Board of the Vermont Lawyers Assistance Program, a professional resource of the Vermont Bar Association. The VLAP provides confidential assistance to lawyers, judges, law students and their families in coping with personal or professional crises.

April, 2011 - Government Relations Specialist, Jonathan Wolff and PACE Registered Paralegal, Laurie Noyes to present at upcoming VPO Annual Meeting.

April, 2011 - We are pleased to announce that Thomas Getz has joined the firm as an associate. Tom will practice primarily in the area of commercial litigation. Prior to joining PPEC, Tom practiced in the San Diego office of the multinational law firm Latham & Watkins, and most recently at a small litigation firm in Jackson, Wyoming, where he was a medalist in the Best Lawyer category of the JH Weekly’s 2011 Best of Jackson Hole awards. .

April 2011 - Greg Clayton appointed as Early Neutral Evaluator for the United States District Court for Vermont..

Greg Clayton has been appointed an Early Neutral Evaluator for the United States District Court for Vermont, effective April 1, 2011. In addition to his trial practice in New Hampshire and Vermont, Greg frequently serves as mediator in both states. He currently serves as an Early Neutral Evaluator for the United States District Court for New Hampshire and is a mediator for the Vermont Superior Court, New Hampshire Superior Court and New Hampshire Business Court. Greg also is a member of the Alternatives for Dispute Resolution Committee of the American College of Trial Lawyers.

March 2011

March 2011 - Douglas Wolinsky was a panelist at the National Association of Bankruptcy Trustee's Spring Seminar.

Douglas J. Wolinsky was a panelist at the National Association of Bankruptcy Trustee's Spring Seminar, held in Santa Monica, California on March 25, 2011. Mr. Wolinsky presented on The Ramifications and Effects of Collusive Bidding in Bankruptcy Sales. Mr. Wolinsky heads the bankruptcy and creditors' rights practice at Primmer Piper Eggleston & Cramer PC.

February 2011

February 2011 - Congratulations to Doug Wolinsky, who was recently elected to the Capital Region Bankruptcy Bar Association's Board of Directors.

February 2011 - The Vermont Supreme Court reversed a trial court's decision in favor of the firm's client. The Supreme Court agreed that the implied warranty of habitability does apply to protect tenant's vehicles. Joslyn Wilschek handled this appeal.

February 2011 - Litigation Newsletter, the PPEC February 2011 Litigation Newsletter is now available.

January 2011

January 2011 - We are pleased to announce that Logan L. Baker has joined the firm as an associate. Logan will practice primarily in the areas of taxation and estate planning. Prior to joining PPEC, Logan served as a law clerk for the U.S. Senate Finance Committee.

January 2011 - Captive Newsletter, the PPEC January 2011 Captive Newsletter is now available.

December 2010

December 2010 - Members of PPEC brave the elements on Church Street to again take part in the COTS Annual Coolest Lunch event.

December, 2010 - Jeff Johnson will be a panelist at the Vermont Captive Insurance Association's "Innovative Solutions" Seminar on 12/8/2010 at The Essex.

November 2010

November, 2010 - Anne Cramer will be part of the faculty addressing Health Care Reform - A Legal Perspective: Where are we and where are we going? on December 3, 2010 for the New Hampshire Bar Association in Concord.

October 2010

October 2010 - PPEC is pleased to announce that Alexandra E. Edelman has joined the firm as an associate. Her primary area of practice is commercial litigation. Prior to joining PPEC, she practiced in New York and New Jersey. Alexandra will be based in our Burlington office.

October, 2010 - Anne Cramer, a Shareholder and Chair of the Board of Directors of Primmer Piper Eggleston & Cramer PC was a contributor to the October 2010 issue of Credentialing & Peer Review - Legal Insider, a newsletter put out by HCPro, Inc. Anne was interviewed for the article Statewide peer review networks fill the gaps for hospitals. She commented on the collaboration and confidentiality in the Vermont rural peer review network. Vermont's Peer Review System is run by the Vermont Program for Quality in Health Care, Inc. Anne Cramer is their outside general counsel.

October, 2010 - Cassandra LaRae-Perez is awarded the Victor J. Garo Public Service Award in recognition of her dedication to pro bono legal services.

Anne Cramer, Jon Eggleston, Neil Wheelwright and Doug Wolinsky have all been selected as 2010 New England SuperLawyers. Keith Roberts has been selected as a 2010 New England Rising Star.

PPEC Lawyers help fund 'Access to Justice' effort for low-income legal aid.

On October 8, 2010, the Vermont Supreme Court issued a decision in favor of the Firm's client reversing the trial court's grant of a general easement over commercial property in the central business district of Burlington. The Supreme Court agreed that the trial court failed to recognize the limitations that accompany a prescriptive easement and that the specific uses at issue were either abandoned or too sporadic to establish a prescriptive easement. Also of note, the Supreme Court agreed that the mere existence of a door facing a neighboring property does not alone establish an adverse claim. The case was handled by Gary Franklin.

October 2010 - Jeff Johnson will be speaking on Insurance Claims Coverage Issues at the 2010 National Risk Retention Association National Conference at the Ritz Carlton Pentagon City in Washington, D.C. on October 5, 2010.

Jamie Feehan, PPEC's Government Relations Director, has been invited to speak during the Vermont Captive Insurance Association's 25th Annual Conference in Burlington at an educational seminar titled Passport to Captives to be presented on Thursday, August 12, 2010. This will be an interactive session providing attendees with expert insight into the legislative process and how it impacts the captive market.

July, 2010

Congratulations to Keith Roberts and Jeffrey Marlin who were admitted to practice in New Hampshire on July 14, 2010. This brings us to 8 attorneys that are now admitted in New Hampshire including Anne Cramer, Gregory Clayton, Gregory Eaton, Shireen Hart, Gary Karnedy and Cassandra LaRae-Perez.

We are pleased to announce that Jesse D. Crary has joined the firm as an associate. His primary areas of practice will be captive insurance and general corporate representation. Prior to joining PPEC, he practiced for four years in Middlebury, Vermont. Jesse will be based in our Montpelier office but will also work in Burlington on a regular basis.

Jeff Johnson has been elected to serve on the Board of Wake Robin Continuing Care Retirement Community. He began his three year term as a Director on June 23, 2010. Wake Robin is located in Shelburne, Vermont and provides its approximately 330 residents with a range of residential options including independent living, assisted living and skilled nursing care.

Douglas Wolinsky has been named to the 2010 Super Lawyers top attorneys list in the State of Vermont for Bankruptcy & Creditor/Debtor Rights.

PPEC, led by Joslyn Wilschek succeeds at Vermont Supreme Court in preventing opposing party from setting aside default judgment. Evans v. Cote, Doc. No. 2009-326.

October, 2009

Stephen Reynes and Jesse Moorman Present Environmental Law CLE in Montpelier, Vermont.

Gary F. Karnedy appointed by Governor Jim Douglas to a six year term on the Vermont Labor Relations Board

July, 2009

Victoria Brown authored two articles for Business People Vermont entitled Protecting Trade Secrets July, 2009 and Protecting Your Image, June 2009