Our Services

CullenCollimore offers a wide range of services.

BUSINESS DISPUTES

With lawyers from two of Boston’s largest firms and a third with extensive banking and business experience, CullenCollimore regularly advises small business owners in areas of contracting, financing, and employment law. When litigation is needed, the firm represents clients in complex commercial litigation in state and federal court in New Hampshire and Massachusetts. Our cases have included the successful defense of claims of breach of fiduciary duties and violation of trade secrets laws, alleged breaches of distribution agreements, and alleged breaches of employment contracts. The firm’s team approach allows us to respond rapidly to business crises, such as injunctions, and to provide the personal support and guidance necessary to navigate litigation in any forum.

The firm also handles a number of securities related matters, representing broker-dealers and traders in non-compete challenges and investors in a clawback effort by the New Hampshire Banking Commission.

We would be happy to speak with clients regarding business issues or commercial claims.

CIVIL RIGHTS & MUNICIPAL DEFENSE

CullenCollimore actively defends municipalities and their agents in defense of claims ranging from employment decisions to open meeting laws and from property rights violation to civil rights claims.

Brian's years of prosecution experience in Boston included numerous appellate arguments, innumerable suppression motions, and over a dozen felony trials. Drawing from that base, Brian regularly represents individual officers and police departments against allegations of false arrest, malicious prosecution and excessive force. Often turning on issues of probable cause, Brian's appellate background has helped CullenCollimore’s clients obtain summary judgment in numerous cases, even winning attorneys' fees where allegations were particularly egregious. Where issues of material fact preclude summary judgment, Brian has successfully defended officers at trial in both state and federal jury trials. Having worked closely with line officers and supervisors as a prosecutor in developing, as well as prosecuting, cases, Brian understands the "on the street" decisions officers face and ensures that judges and jurors have a full picture of the underlying events that give rise to any particular claim.

Representation of cities, towns and school districts extends beyond police litigation. CullenCollimore has also defended towns from federal and state claims arising from zoning and planning decisions, public meeting challenges, employment actions and eminent domain claims.

CullenCollimore understands that municipal representation begins before and extends beyond litigation. To that end, CullenCollimore advises municipalities on employment issues and best practices. We also assist in responding to RSA 91-A and Freedom of Information requests.

Whatever legal threat your town faces, CullenCollimore is best positioned to provide advice and litigation support.

CONSTRUCTION LITIGATION

CullenCollimore has extensive experience in construction litigation. We are experienced with both commercial and residential jobs, and represent owners, contractors, subcontractors, suppliers, home inspectors, construction and project managers, architects, engineers and other design professionals. We actively represent clients in all types of construction-related matters, such as personal injury cases occurring on jobsites, construction defect claims, contract disputes, property damage claims, and bond claims.

Kevin’s experience as a former builder/contractor who built custom homes and provided remodeling services for more than 14 years, including personally designing (with Brian) the complete remodel of the CullenCollimore offices in Nashua, New Hampshire, brings a unique perspective to his representation and arbitration/mediation services in construction cases and property damage appraisal services.

Kevin also provides mediation and arbitration services, and, given his background, is often called on for construction dispute matters. Kevin has been certified as a New Hampshire Rule 170 mediator since 2000, and has facilitated more than 250 court-ordered and private mediations and arbitrations in that time.

Although litigation is not always the best answer to resolving a particular dispute, at CullenCollimore clients can be confident that our experience will assist in pursuing a smart resolution of every case, whether through effective and efficient litigation services, or through mediation and arbitration services.

E-DISCOVERY AND SOCIAL MEDIA

CullenCollimore brings technical experience to the practice of law – from knowledge and experience in e-discovery and the use of social media to using iPads and TrialPad app to create crisp and robust trial presentations. CullenCollimore embraces the technical aspects of law and assists clients in navigating the waters of e-discovery and related issues.

Having begun her working years as a network systems consultant, Shelagh found that matters involving e-discovery – when the concept was new and not well-established – flowed easily from her prior work experience. From her first year in practice, Shelagh has navigated e-discovery and helped clients manage the process and the financial burden that can accompany e-discovery. As social media became more and more prevalent, Shelagh understood its value in litigation and how e-discovery concepts would be applied to social media in the courts. She expanded her work to include matters involving social media and the ethics involved with its use in litigation. Shelagh has counseled clients and fellow attorneys on issues of e-discovery and social media. She has also given extensive seminars and presentations to clients, attorneys and state and federal judges to assist in explaining e-discovery and its many facets and on how social media more and more influences litigation and the practice of law.

Using Shelagh’s experience coupled with Brian and Kevin’s 40 years of trial experience, CullenCollimore helps clients avoid unnecessary discovery costs and litigation for a more streamlined and informed approach to litigation and the trials e-discovery may cause.

EDUCATION LAW

CullenCollimore regularly represents public and private educational institutions on issues ranging from premises and safety challenges to claims of wrongful termination and negligent hiring. The firm has also represented New Hampshire school districts in state and federal investigations concerning responses to bullying, hazing, and harassment.

Not content with merely assisting schools already under scrutiny, CullenCollimore actively advises and assists schools in developing programs to comply with state regulations on student conduct and federal statutes such as FERPA and HIPPA. As a former member of the New Boston School Board since 2007, Kevin has a broad understanding of the issues facing school districts and boards daily in New Hampshire, while Brian relies on his prosecution experience to speak with students and faculty at public and private schools on issues ranging from drug and alcohol education to hazing and harassment. Most recently, Brian presented “Trends in Education Litigation” at the New Hampshire School Administrators Association’s 2013 Best Practices Conference. Shelagh adds to the firm’s portfolio by bringing experience in social media and e-discovery to schools and related groups to discuss technology in schools and the rise of social media as it impact schools and students.

EMPLOYMENT LAW

CullenCollimore regularly represents municipalities and school districts in employment discrimination claims before the New Hampshire Human Rights Commission, the Equal Employment Opportunities Commission and in state and federal courts. These claims involve sensitive factual and legal issues which require finesse and experience to navigate the multiple levels involved in claims and dispute resolution. We focus on a comprehensive response and effective counseling to assist our clients through the process to a successful resolution.

ENVIRONMENTAL CLAIMS AND LITIGATION

CullenCollimore has extensive experience with environmental claims, at both the state and federal level. As part of their portfolio of litigated claims, Kevin handled oil spill and other contamination claims for 10 years in private practice. He then spent four years in-house at a claims organization specifically focused on managing a team of lawyers and senior claims professionals regarding numerous state and federal EPA Superfund sites, against the backdrop of diverse state and federal statutes and administrative regulations. Those matters involved some of the most recognizable names in corporate America, sued in the most "unfriendly" jurisdictions in the country. In that role, he was responsible for managing and overseeing settlements and liability apportionment with the state or federal government and among potentially responsible parties, as well as negotiating resolution of NRD claims, including use of the “discounted service acre year” (DSAY) metric.

That experience, combined with the firm’s collective active litigation experience of more than 50 years, means CullenCollimore has the knowledge and experience to provide exceptional service, in an efficient and effective manner, in all environmental matters.

INSURANCE COVERAGE

CullenCollimore’s experience in analyzing and litigating coverage issues is both broad and deep. Kevin spent a decade in private practice representing private companies, carriers, and their insureds at one of New Hampshire's largest law firms. He provided carrier-clients with a broad range of coverage advice through declaratory judgment and appeal, as well as conducting numerous examinations under oath (fraud/SIU cases).

Shelagh has represented clients on coverage issues for many years. She has spent countless hours unraveling coverage issues, including those involving decades old claims and multiple layers of coverage spanning self-insurance to umbrella to excess policies. Her fact specific analysis has helped refine issues and clarify coverage matters for clients and the court.

Kevin also spent four years in-house at a claims management organization managing a team of lawyers and senior claims professionals in analyzing coverage under various lines of coverage under primary, umbrella and excess policies. The coverage issues included trigger of coverage, allocation of loss in long tail claims, number of occurrences, stub policies, lost policies with secondary evidence issues, and issues of corporate successorship and claims to rights under such policies. The policies at the heart of the disputes ranged from manuscript policies written in the 1950’s through modern Commercial General Liability, homeowners and auto policies. The claims arose in every conceivable claim type, including environmental, toxic tort, construction, products, premises, professional liability, auto accident, and more.

When you or your company faces hundreds of thousands, or even millions, of dollars of exposure due to lawsuits, you can count on CullenCollimore to deliver efficient, effective and intelligent guidance to navigate these perilous waters.

INSURANCE DEFENSE

CullenCollimore has decades of experience in providing carrier clients and their insureds with high quality representation. We have developed a strong reputation in these matters because we know what insurance companies need in order to provide exceptional service to their insureds. We handle litigated matters in all levels of State and Federal courts in both New Hampshire and Massachusetts, at both the trial and appellate levels. We have successfully represented policyholders of all kinds, from contractors to manufacturers, from property owners to homeowners, and from business owners to motor vehicle operators. We have handled virtually every type of claim for such insureds, including products cases, premises liability, construction claims, fire and explosion claims, dram shop liability, environmental and toxic tort cases, and transportation claims ranging from simple car accidents to catastrophic truck accidents.

At CullenCollimore, we focus on a team approach, both internally with our exceptional staff, as well as with insureds and claims professionals, to reach an early assessment of which cases should be resolved, and which should be tried or arbitrated through effective, efficient, and aggressive litigation.

MEDIATION/DISPUTE RESOLUTION

Good trial lawyers know that litigation is not the answer to every legal question. In fact, in excess of 94% of cases filed nationally are resolved through mediation or other non-trial means. So finding a great mediator or arbitrator is a must for every lawyer who provides litigation services to a client. Choosing CullenCollimore to fulfill that role is the right choice.

Kevin has been a court-certified New Hampshire Rule 170 mediator/arbitrator since 1999, and has mediated and arbitrated more than 250 court-ordered and private mediations and arbitrations since that time. His strength in providing mediation and arbitration services is based on a wide range of experience, which includes construction defect cases to motor vehicle accident claims, from environmental and toxic tort claims to construction defect cases. He draws on nearly two decades of litigation experience, including four years in-house at an insurance company. He also has “real world” experience that translates especially well in the construction litigation arena. He has 15 years as a builder/contractor, building custom homes and providing remodeling services. Given that experience, he brings a unique perspective to the mediation and arbitration services he provides, and has special focus in all types of construction and environmental disputes.

So when you and your client need high quality neutral services, think of CullenCollimore first, and put us to work for you.

TOXIC TORT, PRODUCTS/PREMISES LITIGATION

Toxic tort claims, including those arising through product sales and premises liability, raise unique issues that many lawyers never deal with in their careers. But those claims, including the insurance coverage issues raised with them, are far from novel to CullenCollimore.

Having handled a number of environmental cases while in private practice for 10 years, Kevin then spent four years in-house at a claims management organization. There, he managed a team of lawyers and senior claims professionals overseeing litigation brought against insureds all across the United States and Canada, respecting a broad range of toxic tort matters, both premises and products. These matters involved a broad range of harmful exposures, including asbestos, silica, manganese, lead, and DES (diethylstilbestrol). The claims and suits were filed against some of the most recognizable names in corporate America, sued in the most "unfriendly" jurisdictions in the country, in federal, state and administrative dockets. They also gave rise to complex coverage and litigation issues, such as mass tort management, and involved reserves in excess of $100 million.

That experience, combined with the firm’s collective active litigation experience of more than 50 years, means CullenCollimore has the knowledge and experience to provide exceptional service, in an efficient and effective manner.

Trust & Estates Practice

Incredibly, 51% of Americans age 55 to 64 don’t have wills, and 62% of those age 45 to 54 haven’t drafted wills.*

With the complex and ever-changing laws governing trusts and estates, no client can afford to ignore this basic protection for individuals, families and businesses. At CullenCollimore, we understand the importance of estate, gift and trust planning to protect hard-earned assets and to ensure succession and inheritance wishes are carried out. Our team of legal professionals works with you to understand your concerns and goals, and collaborates with your financial advisors and accountants to ensure the best possible plan is in place to carry out those goals.

Our practice is designed to allow clients to determine how best to manage their assets – and the cost of protecting them – choosing from a full range of services, including:

  • Preparing trust and estate plan documents, including, wills, trusts, powers of attorney,
  • Preparing health care powers of attorney, and living wills,
  • Serving as fiduciaries,
  • Probating estates, and
  • Business succession planning.

From a simple will to a complete estate and business plan, we can help our clients plan for the possibility of future incapacity, avoid unnecessary costs and delays associated with probate administration and ensure proper distribution of assets. We also represent clients in probate litigation matters.

CullenCollimore provides a depth and breadth of knowledge and experience coupled with personalized attention to develop a comprehensive plan for each client. We encourage you to let us provide peace of mind for you and your family.

*http://www.forbes.com/sites/nextavenue/2014/04/09/americans-ostrich-approach-to-estate-planning/#18abae40f07b