Daniel E. Will
Shareholder

Biography

Dan Will practices in the area of litigation and enjoys a diverse practice with various concentrations. On behalf of a variety of business clients ranging from Fortune 500 companies to family businesses to nursing homes and hospitals, Dan has handled contract and business obligation claims, including between businesses and vendors, and brokers and sales personnel, among others. Dan also has extensive experience in ERISA litigation, charitable property tax exemption litigation, state and federal securities litigation and the defense of claims brought against credit unions.

Dan has represented clients at every stage of litigation, from temporary restraining orders and preliminary injunction hearings through discovery and trial in state court, various federal district courts, as well as in the New Hampshire Supreme Court, the United States Court of Appeals for the First Circuit, and various administrative agencies.

Prior to joining Devine, Millimet, Dan spent a year clerking for the honorable Morton A. Brody of the United States District Court for the District of Maine, and for the Honorable Norman H. Stahl of the United States Court of Appeals for the First Circuit.

EDUCATION:

Boston College Law School, Juris Doctor (Summa Cum Laude), 1995

University of Pennsylvania, Bachelor of Arts (Cum Laude), 1989

Phillips Academy Andover, 1985

Representative Matters

• We represent a Canadian hydroelectric owner/operator, including in complex litigation concerning the 2005 flooding that occurred in the western part of New Hampshire, during which a dam embankment breached and a small paper mill claims several million dollars in damages. To date the case has involved the processing and production of over 10,000 documents among other extensive discovery.
• We represented a large academic medical center in a suit against a city concerning a charitable property tax exemption. Over the course of the litigation, we processed and produced over 100,000 documents.
• We represent 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.
• We have extensive eminent domain experience on behalf of commercial entities, municipalities, the University of New Hampshire, among others. We also have extensive experience litigating boundary disputes and other real estate related claims, including on behalf of the University of New Hampshire and other commercial entities and private individuals.
• Defense of claim for benefits through ERISA Plan Administrator of Fortune 500 company.
• Defense of fiduciary duty and mismanagement claims brought against hydroelectric operator by facility owner.
• Defense of shareholder claims brought by former employees over options, including defeat of efforts to enjoin a corporate acquisition in United States District Court and trial in the New Hampshire Supreme Court.
• Prosecution of appeals on behalf of nursing homes and hospital, of municipalities' denials of charitable property tax exemptions, including trial before the governing administrative body and appeal in the New Hampshire Supreme Court.
• Defense of claim brought by former sales employee against Fortune 500 technology company over terms of incentive compensation plan, including trial in the United States District Court.
• Defense of entertainment and sports arena against claim of newspaper for first amendment rights to distribute newspapers within the arena, including trial in the New Hampshire Superior Court and appeal in the New Hampshire Supreme Court.
• Defense of claims brought by residents against condominium association that governing conduct was ultra vires, including trial in the New Hampshire Superior Court and appeal in the New Hampshire Supreme Court.
• Defense of high tech company against contract and patent claims brought by component vendor.

Professional Affiliations

• New Hampshire Supreme Court Attorney Discipline Hearings Panel, 2008-present.
• New Hampshire Bar Association, Committee on Cooperation With The Courts, 2005-present (Chair, 2011; Vice-Chair, 2010). 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.

Awards & Honors

• Recently recognized and ranked in Chambers USA 2011 as one of America's leading attorneys in Corporate/Commercial Law. (Previously ranked in 2009-2010)
• BV® Rating, exemplary rating by Martindale-Hubbell
• Recognized by Super Lawyers in the practice area of Business Litigation, 2011.
• Boston College Law Review, Editor in Chief

Speaking Engagements

• New Hampshire Compensation Deduction Applicable Standards for Pre-2010, 2010 and Post 2010 Taxable Periods (2010, 2011).
• Annual presenter, Devine Millimet Associate Training (programs on appellate practice, negotiation/settlement and other litigation topics).
• Electronic Discovery, NHBA (September 2008).
• 6th Annual Labor And Employment, NHBA (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, NHBA (May 2007).
• The Road Ahead:  Speed Bumps, Potholes & Detours For NH Behavioral & Mental Health Agencies, Devine Millimet (November 2006) (presentation on charitable tax exemption).
• Electronic Discovery:  The Hottest Topic In Litigation, NHBA (October 2006).

Community Involvement

• Bishop Brady High School Advisory Board, 2006-present.  Advisory Board Chair, 2009. Principal Selection Committee Chair, 2008-2009. Marketing Committee Chair 2010, 2011.
• Concord Catholic Interparish Pastoral Council, 2010-present. Secretary, 2010-present.
• Franklin Pierce Law Center, Panel judge for First and Second Annual Pierce Law Student Symposium, 2007 & 2008.
• St. Paul's School Advanced Studies Program, 2000-present. Alumni Interviewer.
• University of Pennsylvania, 2004-present. Alumni Interviewer.

Publications

• 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, NH 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).
• Preserving Electronic Information, BIA Report (May/June 2006).
• "Emerging issues in electronic record-keeping and discovery" NH Business Review (February 2-15, 2007)

Bar Admissions

• New Hampshire
  
• Massachusetts
• United States District Court, District of New Hampshire
• United States Court of Appeals, First Circuit