James E. Regan

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.

Defended an international pharmaceutical company in the U.S. District Court for the District of Connecticut against claims of failure to warn regarding an alleged defective drug. We brought a motion to dismiss contending that the claims were preempted by the Federal Food, Drug, and Cosmetic Act (FDCA) and the Court agreed with us and dismissed all counts of the complaint with prejudice.

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

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

Drafted and negotiated construction contracts related to construction of new student housing buildings.

Reviewed and negotiated a construction contract for the renovation of a commercial storefront in Florida.

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.

Defended a Berkshire Hathaway subsidiary in multiple construction defect cases involving spray foam insulation and roofing products, obtaining favorable resolutions.

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.

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.

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.

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.

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.

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.

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.

Browse Alphabetically:

Representative Matters

Highlights

Recognitions