As a trial lawyer, I work with clients to resolve disputes. I represent clients in court, before administrative agencies, and in arbitrations and mediations when the client has been sued or finds it necessary to sue another person or business. Legal disputes can be stressful, time consuming, and expensive. My goal is to work closely with the client to understand his or her needs and to develop a strategy that resolves the dispute in the most efficient and economical manner.
 
I work primarily with employers, municipalities, law firms, and insurance companies. In the employment field, I represent those who have been sued by a current or former employee for issues ranging from alleged discrimination to disagreements about compensation. I regularly represent these employers in the state and federal courts as well as in administrative agencies such as the New Hampshire Commission for Human Rights and the New Hampshire Department of Labor. A significant number of my clients are municipal or other public employers. Those clients are subject to unique labor and employment laws and regulations.
 
Some of the clients I help are law firms and individual lawyers in legal malpractice cases and in matters reported to the Attorney Discipline Office. I also help resolve insurance coverage disputes, and I regularly represent businesses, individuals and insurance companies when there is a disagreement about whether an insurance policy covers a particular claim.
 
Prior to becoming a lawyer, I taught high school history and civics and coached several different sports, including football, wrestling, cross country, and track and field. My enjoyment of sports continues and I am an avid fan of most sports. My wife and I also regularly hike in the White Mountains of New Hampshire and are well on our way to completing our goal of hiking all of the 4,000-foot peaks in the state. I also enjoy community service and have been a member of the Loudon Lions Club for more than 10 years.

Representative Matters

  • Represented publisher in trademark dispute concerning ownership of the name of a publication.
  • Represented creator of Internet character in trademark dispute concerning ownership of the character's name.
  • Briefed and argued landmark case of Everitt v. General Electric Co., 156 N.H. 202 (2007), in which the New Hampshire Supreme Court first recognized that municipal police officers are entitled to immunity for discretionary decisions made while acting within the scope of their official duties
  • Briefed and argued case of Wilson v. Progressive Northern Insurance Co., 151 N.H. 782 (2005), in which the New Hampshire Supreme Court expanded the definition of a hit-and-run driver for purposes of uninsured motorist coverage.
  • Obtained defendants verdict in action brought by the United States Department of Labor against employer in which the Department of Labor claimed retaliatory discharge based on alleged OSHA violation.
  • Represented tenants association in successful purchase of a manufactured housing community.

Publications

  • “EEOC Takes Position That Title VII Prohibits Sexual Orientation Discrimination, Devine Millimet E-Alert, February 19, 2016
  • “Interplay Between FMLA & ADA Leave Can Be Tricky,” Devine Millimet E-Alert, February 5, 2016
  • “Proposed Overtime Rule Change in Employment Law,” Devine Millimet E-Alert, September 29, 2015
  • “FLSA Exemption for Highly Compensated Employees,” Devine Millimet  E-Alert, November 21, 2014
  • “FMLA Medical Certification,” Devine Millimet E-Alert, July 25, 2014
  • “Supreme Court Amends Rules Governing Trust Fund Accounting,” Devine Millimet E-Alert, June 10, 2014
  • “NLRB Rules Northwestern University Football Players are ‘Employees’ and Can Unionize,” Devine Millimet E-Alert, April 11, 2014
  • “Ethical Concerns Implicated by Litigation Sanctions,” Devine Millimet E-Alert, March 24, 2014
  • “Court Rules Temporary Impairment Qualifies as ‘Disability’ Under the ADA(AA),” Devine Millimet E-Alert, February 21, 2014
  • “Marketing Legal Services Through Groupon Permissible, With Conditions,” Devine Millimet E-Alert, November 8, 2013
  • “Avoiding the Liability in Sexual Harassment Claims,” Devine Millimet E-Alert, October 11, 2013
  • “Firefighter/Law Enforcement Exception to ADEA,” Devine Millimet E-Alert, June 21, 2013
  • “First Circuit Sides with University in Gender/National Origin Discrimination Claim,” Devine Millimet E-Alert, May 3, 2013

Speaking Engagements

  • "Complying with DOL Overtime Regulations," NH Center for Nonprofits, June 23, 2016
  • "Managing Difficult Employees: From Hiring to Firing and Everything in Between," Devine, Millimet & Branch, P.A., January 27, 2016
  • "Local Government Law: What Attorneys Need to Know," National Business Institute, January 13, 2016
  • "Handling the Police Liability Claim,"  National Business Institute seminar, February 10, 2015
  • "Hot Topics in Employment Law," Devine Millimet & Branch, October 23, 2013

Community Involvement

  • Race Director, Angel's 5-K Road Race, Penacook, NH 2012
  • Steering Committee, White Mountain Gran Fondo Bicycle race to benefit City Year, NH
  • Daniel Webster Council Explorer Post, instructor
  • Loudon Lions Club, president and founding member
  • Leadership Greater Manchester Program, graduate
  • Daniel Webster-Batchelder American Inns of Court, member
  • City Year New Hampshire, former member of board of directors
  • New Hampshire Historical Society, member
  • Canterbury Shaker Village, member


Get in touch

        Services & Industries

        Dispute Resolution & Litigation

        Educational Institutions

        Employment & Employee Benefits Litigation

        Insurance Defense

        Insurance Law

        Labor, Employment & Employee Benefits

        Municipal Liability

        Municipalities

        Personal Injury & Property Damage

        Bar Admissions

        New Hampshire

        Education

        Vermont Law School, JD, magna cum laude, 2001

        Northern Arizona University, BA, magna cum laude, 1993

        Awards & Affiliations

        Lee Smith Super Lawyers

        Lee Smith was selected to the 2016 New England Super Lawyers list.

        Selected by his peers for inclusion in The Best Lawyers in America© 2017 in the field of Commercial Litigation.

        Selected by his peers for inclusion in The Best Lawyers in America© 2016 in the field of Commercial Litigation.

        Selected by peers for inclusion in The Best Lawyers in America® 2015 in the field of Commercial Litigation Law, since 2013

        Recognized by New England Super Lawyers in General Litigation, since 2010


        New Hampshire Bar Association, Chair of Federal Practice Section

        Manchester Bar Association

        Daniel Webster-Batchelder American Inns of Court