Jeffrey C. Spear
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Overview
ShareholderJeff advises his clients on a broad array of topics, representing them during mediation, arbitration, trial, and appeal. His practice focuses in the areas of complex commercial litigation, land use disputes, telecommunications law, professional negligence, trademark and trade dress infringement, and media law.
Notable cases
- Successfully represented LLC and its majority members in protecting right to revoke a dissolution called for in the company’s certificate of formation. Mark E. McDonough v. Patrick McDonough et al., Case No. 2015-0694, slip op. (December 23, 2016). (http://www.courts.state.nh.us/supreme/opionions/2016/2016087mcdonough.pdf)
- Prevailed on two separate appeals in legal malpractice case – the first establishing that a legal expert is not necessary to show breach of the duty of care when a statute of limitations is missed (Yager v. Clauson, 166 N.H. 570 (2014), and the second establishing that ‘case-within-a-case’ was proper means to show proximate cause, and legal experts were not required (Yager v. Clauson, 169 N.H. 1 (2016).
- Succeeded in obtaining disgorgement of attorney fees paid to former counsel following counsel’s disbarment for violating the rules of professional conduct during representation of clients. Conant v. O’Meara, 167 N.H. 664 (2015).
- Successfully represented Town of Fitzwilliam in defending employment claim brought by former chief of police. Kassotis v. Town of Fitzwilliam, 166 N.H. 648 (2014).
- Obtained judgment against former LLC member for breaching fiduciary duty in selling company assets, Lakes Region Gaming et al. v. Miller, 164 N.H. 558 (2013).
- Successfully represented the New Hampshire General Court in a right-to-know and constitutional access dispute. Hughes v. Speaker of the N.H. House of Representatives, 152 N.H. 276 (2005).
- Successfully represented a group of regional and national broadcasters in a landmark effort to gain access to the courtroom for video and still cameras. Petition of WMUR Channel 9, 148 N.H. 644 (2002).
- Successfully represented condominium unit owners who were denied standing to challenge a town planning board decision. Johnson v. Town of Wolfeboro Planning Board, 157 N.H. 94 (2008).
- Overturned, on preemption grounds, a local decision to restrict a client’s use of a dock on Lake Sunapee. Lakeside Lodge, Inc. v. Town of New London, 158 N.H. 164 (2008).
- Successfully defended the City of Concord from a challenge under the Telecommunications Act of 1996. USCOC of New Hampshire RSA #2 v. City of Concord, 2006 WL 248010 (D.N.H. 2006).
- Successfully represented abutting landowners in disputes regarding the placement of cell towers. USCOC of New Hampshire RSA #2 v. Town of Bow, 493 F.Supp.2d 199 (D.N.H. 2007); Industrial Tower & Wireless, LLC v. Town of Epping, 2009 WL 2461708 (D.N.H. 2009); Industrial Tower & Wireless, LLC v. Town of East Kingston, 2009 WL 2704579 (D.N.H. 2009).
Honors & Distinctions
- Voted as a Rising Star for intellectual property law by New Hampshire attorneys (online poll conducted by NH Magazine, October 2004)
- Recognized as a New England Super Lawyer, Business Litigation since 2014
Publications
- Beware the risks of running online promotional contests – 11/29/2013
NHBR article “Beware the risks of running online promotional contests” by Jeffrey Spear and Heidi Cole (2013) - Expert Disclosures After the Exchange of Initial Reports – 8/12/2005
Jeffrey Spear. Published in New Hampshire Bar News, August 12, 2005 - The Reporter’s Privilege in New Hampshire – 12/1/2002
James P. Bassett and Jeffrey C. Spear, “The Reporter’s Privilege in New Hampshire,” a chapter in The Reporter’s Privilege Compendium: A Guide to State and Federal Law Concerning News Media Subpoenas, published by The Reporter’s Committee for Freedom of the Press, 2002, updated 2003, 2007, 2010, and 2012