I guide clients through a wide range of business disputes and constitutional litigation. I counsel, advise, discover, and try cases; and I brief and argue appeals. I have done so in all of New Hampshire’s state and federal courts, as well as in the United States Court of Appeals for the First Circuit, the Massachusetts Appeals and Supreme Judicial Courts and the federal district of Massachusetts. As an active member of the management team at Devine Millimet, I am a member of  the firm’s management committee and the Chair of the firm’s Litigation Department.

 
Within my general business litigation practice, I am a member of Devine Millimet’s health care and tax groups. As part of that team, I recently helped two hospitals in disputes with the State of New Hampshire, obtaining an order that a healthcare tax is unconstitutional in one, and obtaining a $4.2 million refund in the other. More generally, my practice takes me into a wide variety of business and shareholder disputes, contract claims, copyright and trademark claims, among others, and I have assisted non-profit entities in dissolution and disaffiliation proceedings.
 
My work as co-counsel in a class action lawsuit brought on behalf of mentally ill individuals resulted in the State of New Hampshire’s agreement to make systemic changes to its programs to treat mental illness. This team effort is one that will benefit many individuals across the state.
 
Community work is important to me and I serve a number of charitable organizations as a board member, including the New Hampshire Humanities Council and Bishop Brady High School. The pursuits of my daughters in high school and college keep me busy. If I find myself with time of my own, I like to be outside. In the summer, I hike, swim, kayak, and ride my ATV. In the winter, you’ll find me skiing, snowshoeing, and ice skating. I also cut firewood, grow vegetables, and work on my 200-year-old country home.

Representative Matters

  • We represented a large, regional hospital in New Hampshire, including in constitutional litigation in 2014 challenging a NH healthcare revenue tax. We obtained an order that the tax was unconstitutional and achieved a favorable settlement for the client.
  • We represented another large hospital in a suit seeking a refund of certain healthcare taxes. Our efforts resulted in a $4.2 million refund to the client.
  • We represented a large, international defense contractor and litigated claims that certain radiation hardened space craft components failed to meet spec. The District of New Hampshire granted summary judgment and awarded $1.8 million to our client. We prevailed on the defendant’s appeal to the United States Court of Appeals for the First Circuit.
  • We represented a large telephone company in disputes with over 150 municipalities concerning the taxation of telephone company property, asserting constitutional, statutory and valuation based challenges.
  • We represented a former New Hampshire chapter of a national nonprofit in disaffiliation proceedings from its national parent. The New Hampshire chapter is now a successful and independent nonprofit serving New Hampshire. 
  • We represented a New Hampshire college in a dispute over entitlement to the endowment of a dissolving college which resulted in $1 million going to our client.
  • We represented a timber framing company in an architectural works copyright infringement action which included arguing a question of first impression in the United States Court of Appeals for the First Circuit and a five day jury trial in the United States District Court for the District of New Hampshire.

Publications

  • "The PAD Rules' Automatic Disclosure Requirements in Document Intensive Business Litigation,"  co-authored with Josh Wyatt, New Hampshire Bar News, December, 2012.
  • Practical Guide To Discovery And Depositions In New Hampshire, Co-edited with the Honorable Gary Hicks, New Hampshire Supreme Court, 2011.
  • "The Federal Court Advisory Committee Helps You Help The Federal Court," New Hampshire Bar News, July 15, 2011.
  • "Dear Diary: Can You Be Used Against Me?," Boston College Law Review, July 1994.
  • "Good Faith Bargaining And Employers' Obligation to Substantiate Collective Bargaining Claims," Boston College Law Review, March 1994.
  • "Emerging issues in electronic record-keeping and discovery," NH Business Review, February 2-15, 2007.
  • "Preserving Electronic Information," BIA Report, May/June 2006.

Speaking Engagements

  • "New Hampshire Compensation Deduction Applicable Standards for Pre-2010, 2010 and Post 2010 Taxable Periods," 2010, 2011.
  • "Electronic Discovery," New Hampshire Bar Association, September 2008.
  • "6th Annual Labor And Employment," New Hampshire Bar Association, April 2007.
  • "Emerging Technical And Legal Issues Concerning Electronic Record Keeping And Discovery," Northern New England Society For Healthcare Risk Management, May 2007.
  • "Damages & Other Remedies In Commercial Litigation," New Hampshire Bar Association, May 2007.
  • "The Road Ahead:  Speed Bumps, Potholes & Detours For NH Behavioral & Mental Health Agencies," Devine Millimet, November 2006.
  • "Electronic Discovery: The Hottest Topic In Litigation," New Hampshire Bar Association, October 2006.

Community Involvement

  • Leadership New Hampshire (2014 Class)
  • New England College President's Advisory Board (2012-present)
  • New Hampshire Humanities Council Board of Directors, 2012 - present
  • Bishop Brady High School, Advisory Board, 2006-present,  Advisory Board Chair, 2009, Principal Selection Committee Chair, 2008-2009, Marketing Committee Chair, 2010-2011, Principal Selection Committee Member, 2014
  • Concord Catholic Interparish Pastoral Council, 2010-2013, Secretary, 2010-2013
  • Franklin Pierce Law Center, Panel judge for First and Second Annual Pierce Law Student Symposium, 2007 & 2008


Get in touch

        Services & Industries

        Appeals

        Bankruptcy & Creditors' Rights

        Business Taxation

        Business, Commercial & Financial Litigation

        Dispute Resolution & Litigation

        Insurance Defense

        Intellectual Property Litigation

        Bar Admissions

        Massachusetts

        New Hampshire

        Education

        Boston College Law School, JD, summa cum laude, 1995

        University of Pennsylvania, BA, cum laude, 1989

        Phillips Academy Andover, 1985

        Awards & Affiliations


        Daniel Will Super Lawyers


        Daniel Will was selected to the 2016 New England Super Lawyers list.

        Selected as "Future Star" in Benchmark Litigation 2017.

        Selected by his peers for inclusion in The Best Lawyers in America© 2017 in the fields of Appellate Practice and Litigation (Commercial, ERISA, First Amendment, Health Care, Insurance, Intellectual Property, Land Use and Zoning, Mergers & Acquisitions, Patent, Real Estate, Securities, and Trusts and Estates).

        Named the Best Lawyers® 2017 Litigation/Land Use and Zoning "Lawyer of the Year" in Manchester, NH.

        Selected by his peers for inclusion in The Best Lawyers in America© 2016 in the fields of Appellate Practice and Litigation (First Amendment, Health Care, Insurance, Intellectual Property, Land Use and Zoning, Mergers & Acquisitions, Patent, Real Estate, and Securities).

        Selected by peers for inclusion in The Best Lawyers in America® 2015 in the field of Commercial Litigation, Litigation/Insurance, and Litigation/Intellectual Property. 

        Named a Benchmark Litigator since 2013. 

        Ranked in Chambers USA, Corporate/Commercial Law since 2011. 

        BV® "Distinguished" Rating, Martindale-Hubbell.

        Recognized as a Super Lawyer, Business Litigation since 2011.

         


        Boston College Law Review, Editor in Chief.

        Order of the Coif, Boston College.

        New Hampshire Judicial Council member, 2014 - present.

        New Hampshire Supreme Court Attorney Discipline Hearings Panel, 2008 - present

        NH Judicial Performance Evaluation Advisory Committee (2013 - present)

        New Hampshire Bar Association, Committee on Cooperation With The Courts, 2005-present (Chair, 2011; Vice-Chair, 2010)

        NHBA Federal Practice Section, 2005-present (Chair, 2008; Vice Chair, 2007)

        Federal Court Advisory Committee, 2008-present, Local Rules Subcommittee, 2010-present

        Daniel Webster Batchelder American Inns Of Court, 2005-present