Practice Areas

The following are examples of the types of matters handled by Mr. Flynn. Descriptions of results are not intended to guarantee a similar outcome in future matters.

Litigation

In Hartford Superior Court, obtained jury verdict for all damages claimed in a contract theory legal malpractice claim. While post-trial motions and client’s claim for offer of judgment interest were pending, case settled on confidential terms.

Part of a team that obtained total defense verdict for the FDIC in a jury trial in the United States District Court for the District of Maryland under the Family & Medical Leave Act. Examined several witnesses, including plaintiff’s chief medical expert (on cross) on the issue of the plaintiff’s “serious health condition” and successfully argued for jury verdict form language used in the District Court and upheld by the Fourth Circuit.

In a jury trial in Fairfield Superior Court arising from an accident on I-95 involving the destruction of a show car, obtained defense verdict for General Motors in a case alleging that the towing vehicle’s axle was defectively manufactured.

In United States District Court for District of Connecticut, represented Connecticut-based manufacturer in lawsuit against its global manufacturing customer arising from customer’s refusal to perform under a long-term supply agreement for high-performance technical film. After claims survived summary judgment and jury was selected, the defendant and client reached a settlement on mutually agreeable terms.

In action in Stamford Superior Court, represented Chief Investment Officer wrongfully terminated from a company managing assets in excess of $1 billion. After depositions of defendants’ key personnel, obtained settlement for client. When defendant failed to make final payment under settlement, obtained expedited Audobon judgment against corporate defendant and company’s CEO. When CEO relocated to Palm Beach, commenced legal action in Florida (through local counsel), commenced asset discovery in Palm Beach and soon thereafter obtained funds from CEO individually.

After 10 days of highly technical hearings in Hartford Superior Court on an injunction action brought under the Connecticut Uniform Trade Secrets Act and CUTPA, defeated attempt by an aerospace maintenance, repair, and overhaul (MRO) company to restrain client from working for new employer.

In AAA arbitration, represented a family-owned business process outsourcing business in a dispute with a Fortune 100 insurance company under a joint venture agreement for the 40-year license of patented business process technology.  After contentious document and deposition discovery and hearings, defeated counterparty’s attempt to dissolve the joint venture.

In bench trial in Waterbury Superior Court, obtained compensatory and punitive damages pursuant to CUTPA for French client defrauded in purchase of investment property.

Sample reported cases:

Eastern Adhesives, Inc. v. Scapa North America, Inc., No. 07-2590, 2008 U.S. App. LEXIS 26973 (3d Cir. Dec. 31, 2008); Mahaffey v. Detroit Newspaper Agency, No. 97-1468, 1998 U.S. App. LEXIS 25472 (6th Cir. Oct. 9, 1998), aff’g 969 F. Supp. 446 (E.D. Mich. 1997); Stattin v. Resolution Trust Corp., 74 F.3d 1252, aff’g without op. 883 F. Supp. 678 (M.D. Fla. 1995); Scapa Tapes N. Am. v. Avery Dennison Corp., 384 F. Supp. 2d 544 (D. Conn. 2005); Alexander v. FBI, 186 F.R.D. 144 (D.D.C. 1999); Rhoads v. Federal Deposit Ins. Corp., 956 F. Supp. 1239 (D. Md. 1997), aff’d in part and vacated in part, 257 F.3d 373 (4th Cir. 2001); Clinton v. Aspinwall, 2014 Conn. Super LEXIS 447 (Hartford J.D., Feb. 24, 2014); Altmann v. Halpert, 2012 Conn. Super LEXIS 1340 (Waterbury J.D., May 22, 2014); AGC, Inc. v. Baillargeon, 2011 Conn. Super. LEXIS 549 (Hartford, J.D., March 9, 2011); Bray v. Founders C.D., LLC, 2004 Conn. Super. LEXIS 1596 (Hartford J.D., June 22, 2004).

 

Contract-Related Matters

Represented a market-leading provider of SaaS / ASP services by negotiating hundreds of technology-related contracts.  Counterparties included multiple DJIA components and Fortune 100 companies (including industry leaders in banking, industrial manufacturing, telecommunications, computer operating systems and software and e-commerce), government sponsored enterprises, the law departments of two of the five most populous counties in the United States, and business entities (including banks, industrial conglomerates and an airline) domiciled outside the United States.  Negotiated issues and drafted language concerning allocations of intellectual property rights, service level agreements and remedies, confidentiality, data privacy, SAS 70 / SSAE16 audits, limitations of liability and indemnity, and cross-border transfers of personal information.

Have represented an artist/author published by a Random House subsidiary in multiple book contract negotiations and in matters to protect client’s intellectual property and contractual rights. Represented client in reaching an agreement with a Condé Nast publication that placed client’s name on masthead.

Represented creator of Bridgeport Fuel Cell Park concept in securing an option contract with anti-circumvention provisions for the sale of property upon which cutting edge fuel cell park has been constructed.

Represented original developer of $160MM renewable energy project in southeast Connecticut in contentious discussions with lenders and lienholders concerning whether and how much client would be paid from project.

 

 

Local Counsel Services

Represented pre-bankruptcy General Motors in property damage cases throughout Connecticut as local counsel for Jenner & Block.

As local counsel for Texas law firms, successfully defended an Enron officer and director in action brought by Attorney General Blumenthal to recover $220 million invested by Connecticut Resources Recovery Authority. Conceived defense and discovery strategy that led CRRA to dismiss voluntarily all claims against clients without clients having to pay anything.

As local counsel for Akin Gump, represented distributors of beverages (including Coca Cola, Pepsi, Polar, and Adirondack Beverages) in constitutional challenge to Connecticut bottle deposit law. Proceedings involved intervention in Superior Court proceedings and appeal to Connecticut Supreme Court.

Regularly represent parties in out-of-state litigation seeking to obtain discovery from Connecticut parties, including in class actions. Services include locating witnesses and documents, preparing Connecticut-compliant discovery documents, and bringing actions in state and federal court to compel compliance with discovery.

 

 

Investigations

Have represented clients in investigations by state and federal governments, by “special counsel” appointed by government agencies, and in private party lawsuits related to alleged criminal activity.

Represented certain White House personnel in FBI interviews in the Whitewater / Monica Lewinsky investigation.

Represented a reporter in an action investigating the Clinton White House “Filegate” controversy and obtained sanctions against investigating attorney when his questioning exceeded promised scope.

Have represented witnesses in Connecticut in investigations related to alleged “revolving door” violations at Connecticut Innovations, Ponzi schemes, wire and mail fraud involving thefts of public funds, and alleged violations of election law.

 

 

Personal Counsel

For certain individuals, families and businesses, provide prompt, prudent, and discreet attention to legal matters, including reviewing contracts and responding on client’s behalf to legal inquiries from media, government agencies, and private parties.

Regularly assist clients in resolving disputes with business counterparties, including suppliers, investors, and partners.

Regularly investigate legal issues related to counterparties, including potential business partners and investment opportunities.