Gary L. Franklin - Primmer Piper Eggleston & Cramer PC

Gary L. Franklin

Listed in Best Lawyers since 2016
Phone: 802-864-0880

Gary is Board Certified as a Civil Trial Lawyer by the National Board of Trial Advocacy, an American Bar Association accredited association. He serves on the Board of Managers for the Vermont Bar Association, an elected position.

Gary has practiced in all aspects of business litigation since 1990. His litigation experience is diverse, having handled all manners of disputes across a broad range of industries. Examples of his practice include handling contract disputes, intellectual property and licensing disputes, wrongful termination and employment claims, commercial landlord/tenant actions, banking litigation, consumer fraud issues and bankruptcy litigation. He also has substantial administrative law and regulatory experience. Gary has litigated in numerous jurisdictions nation-wide and has argued appeals on both the State and Federal level. Prior to joining the firm in 1999, Gary practiced in San Francisco, California and New York, New York. He is a licensed attorney in New York and California in addition to Vermont. Gary is listed in Super Lawyers/New England in the practice area of Business Litigation. He is recognized as one of the top commercial litigators in Vermont by The Chambers USA Guide.

Published Works:

  • "Know and Protect Your Secrets", Business People Vermont, July 2012
  • "Protecting Your Company's Website: The Application of Intellectual Property to the Digital Marketplace", The Vermont Bar Journal, Winter 2012, Vol. 37, No. 4.
  • "Lock 'Em Out or Go to Court?", Business People Vermont, October, 2008
  • "Watching the Clock and Your Wallet: Who Gets Overtime?", Business People Vermont, April, 2008
  • "A Primer on Permit Reform", Business People Vermont, January, 2005
  • "Recycling Report: A Mandate to Stimulate the Market for Recycled Paper in the Legal Community", The Record of the Association of the Bar of the City of New York, March/April Vol. 54, No. 2, 1999

Representative Cases:

  • Schonbek v. Chase, 2010 VT 91 (VT 2010)
  • Chooseco LLC v. Lean Forward Media, LLC, 2010 U.S. App. Lexis 2169 (2d Circ. 2010)
  • Havey v. Homebound Mortgage, Inc., et al., 547 F.3d 158 (2d Cir. 2008)
  • Mansfield Heliflight, Inc. v. Bell/Augusta Aerospace Co., LLC, 504 F. Supp. 2d 638 (N.D. Tex 2007)
  • Smith v. Country Village International, Inc., 2007 Vt. 132, 944 A.2d 240 (Vt. 2007)
  • In re Congdon, 365 B.R. 433 (Bkrtcy D. Vt. 2007)
  • In re Berlin Health & Rehabilitation, Inc., 180 Vt. 432, 912 A.2d 449 (Vt. 2006)
  • Havey v. Homebound Mortgage, Inc., 2005 WL 1719061 (D.Vt. 2005)
  • Manosh v. FMV, 885 A.2d 1218 (Vt 2005)
  • Dodson Intern. Parts, Inc. v. Altendorf, 2004 WL 2814320 (D.Kan. 2004)
  • In re Entergy Nuclear Vermont Yankee, 2004 WL 729303 (Vt. PSB 2004)
  • In re Whelton, 312 B.R. 508 (D.Vt. 2004), 299 B.R. 306 (Bankr D.Vt. 2003)
  • In re Citizens Communications Co., 2002 WL 31103647 (Vt. PSB 2002)
  • Brattleboro Memorial Hospital v. The Department of Banking, Insurance, Securities and Health Care Administration, 782 A.2d 1217 (Vt 2001)
  • Feeney v. City of New York, et al., A.D. 2d, 680 N.Y.S. 2d 646 (2d Dep't 1998)
  • In re Frank Santora Equip. Corp., B.R., 199 WL 168481 (E.D.N.Y. 1998)
  • Blankman v. Inc. Village of Sands Point, et al., 249 A.D. 2d 349, 670 N.Y.S. 2d 802 (2d Dep’t 1998)
  • Bayshore Family v. Foundation of Jewish Philanthropies, 239 A.D. 2d 373, 658 N.Y.S. 2d 326 (2d Dep't 1997)
  • McGann v. Inc. Village of Old Westbury, 170 Misc. 2d 314, 647 N.Y.S. 2d 934 (Nassau Co. 1996)

Classes/Seminars/Speaking Engagements:

  • Presenter of Litigating Defective Mortgage Cases at the seminar on Current Trends and Hot Topics in Consumer and Commercial Bankruptcies jointly hosted by the Vermont Bar Association and NY Capital Region Bankruptcy Bar Association on March 27, 2015.
  • Presenter of Business Law Divorce Seminar at the VBA Annual Conference, 2014
  • Presenter of Proposed Expedited Case Rule at VBA Annual Conference, 2014
  • Gary Franklin, Gary Karnedy and Greg Eaton were presenters at the Insurance Coverage Litigation Seminar with National Business Insurance (NBI) in Burlington Vermont, March 25, 2009
  • Navigating the Regulatory Rapids in a Changing Environment in Vermont, Burlington, VT, October 1, 2004
  • Trends in Litigation, Vermont Bar Association, March 18, 2005
  • Panelist, Seventh Annual Vermont Bar Association Bankruptcy Law Section CLE Program

Tufts UniversityBA University of California Hastings College of the LawJ.D.
Vermont Bar AssociationNational Board of Trial Advocacy, 2011 - presentChittenden County Bar Association

Case History

Pro Bono & Volunteer Work:
  • Regularly Delivers Meals on Wheels
  • Serves as an Acting Small Claims Judge
  • Elected to the Vermont Bar Association’s Board of Managers
  • Office Location

    150 South Champlain Street
    P.O. Box 1489
    Burlington, VT 05402
    United States

    Practice Areas

    Commercial Litigation
    Litigation - Bankruptcy
    Litigation - Intellectual Property