Whitman Breed Abbott & Morgan LLC

Full-Service Law Firm Based in Greenwich, CT

Saggese,
Gerard N. III

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Rod is a Partner in the Firm’s Litigation Department and practices in the areas of commercial litigation, general civil litigation and intellectual property litigation. He has represented clients from a variety of industries in a broad range of litigation matters before trial and appellate courts on the state and federal level, as well as before administrative bodies.

Rod’s commercial and general litigation experience includes: commercial disputes based in breach of contract, business torts and fraud; partnership disputes and internal business disputes; construction disputes and mechanic’s liens; commercial and residential landlord-tenant disputes; fiduciary litigation involving corporate officers, trustees and executors; real estate disputes and contested issues involving real property and title claims; plaintiff’s personal injury matters; and employment disputes, including enforcement and defense of restrictive covenants in employment and severance agreements.

Rod’s intellectual property litigation experience includes disputes concerning trademark infringement, unfair competition, copyright infringement, misappropriation of trade secrets, defamation and license agreement disputes. Rod also handles trademark opposition and cancellation proceedings before the Patent and Trademark Office Trademark Trial and Appeal Board.

From his work in the employment area, Rod also has experience drafting and negotiating employment-related agreements, including employment, separation, severance and restrictive covenant agreements.  In similar vein, from his work in the construction area, Rod also has experience drafting and negotiating construction contracts for property owners, contractors and architects.  Rod also provides antitrust counseling to various trade associations, including associations involved in the building materials, distribution, environmental, print and forest and paper products industries.

Prior to joining the firm in 2004, Rod was associated with the international law firm of White & Case LLP, where he worked in the Intellectual Property Group of the Litigation Department in New York City. Thereafter, Rod was associated with Entwistle & Cappucci LLP, where he worked in the Commercial Litigation Department in its New York City office.

Rod grew up in Greenwich and resides there now with his wife and children.

Professional & Community Affiliation

  • Fairfield County Bar Association (President, 2016-17; Executive Committee, 2013-2018; Board of Directors, 2010-2018; Member of Bar since 2006)
  • Greenwich Bar Association (President, 2009-2010; Executive Committee, 2004-2010; Member of Bar since 2004)
  • Connecticut Council of Bar Presidents (Member, 2009-2010, 2016-2017)
  • Connecticut Bar Association (Member since 2000)
  • Greenwich Emergency Medical Service, Inc. (“GEMS”) (Chairman of the Board, 2022; Executive Committee, 2018-2022; Board of Directors since 2014)
  • The Old Timers Athletic Association of Greenwich (President, 2021-2022; Executive Committee, 2015-2022; Board of Directors since 2012)
  • Greenwich Point Conservancy (Board of Directors since 2015; Advisory Board 2012-2014)
  • Greenwich Chamber of Commerce (Board of Directors since 2017)
  • Silver Shield Association Education Fund (Board of Directors since 2017)
  • Town of Greenwich Community and Police Partnership, East Side Sector (Member since 2008)
  • Harpoon Club (Member since 2020)

Honors & Recognition

Sample Reported Decisions

  • SR Holdings I, LLC v. Cannavo, 2018 WL 2727390 (Conn. Super. May 15, 2018).
  • Altenergy Cyber, LLC v. Blackridge Tech. Holdings, Inc., 2017 WL 4653054 (Conn. Super. Sept. 5, 2017).
  • Carpets Plus, Inc. v. New Rochelle Carpet, Inc., 90 Mass. App. Ct. 1103 (2016).
  • Benedetto v. Dietze & Assocs. LLC, 159 Conn. App. 874 (2015).
  • Law Offices of Frank N. Peluso, P.C. v. Estate of Zanette, 2014 WL 1345246 (Conn. Super. March 11, 2014).
  • Benedetto v. Dietze & Assocs. LLC, 2014 WL 1814284 (Conn. Super. Apr. 10, 2014).
  • Lee v. AIG Casualty Co., 919 F. Supp. 2d 219 (D. Conn. 2013).
  • Caires v. Bueti Development Corp., 2012 WL 3007487 (Conn. Super. June 21, 2012).
  • Stuart v. Snyder, 125 Conn. App. 506 (2010), cert. denied, 300 Conn. 921 (2011).
  • Wells Fargo Bank v. Treglia, 2011 WL 3672037 (Conn. Super. July 25, 2011).
  • Gatto v. Town of Greenwich Planning & Zoning Comm’n, 2008 WL 5650849 (Conn. Super. Nov. 19, 2008).
  • Harmon v. Pearson, 2007 WL 1321680 (Conn. Super. April 24, 2007).
  • Bridgeport Capital Services, Inc. v. Ruby Tuesday, Inc., 6 Misc.3d 50, 790 N.Y.S.2d 809 (Sup. Ct. App. Term 2004).
  • Discovery Communications, Inc. v. Animal Planet, Inc., 172 F. Supp. 2d 1282 (C.D. Cal. 2001).

Riley,
James C.

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Jim is Co-Chair of the Firm’s Litigation Department. He has practiced in the areas of commercial, real property and employment litigation since 1985. Jim has represented business entities and individuals in a wide range of matters, including multi-million dollar contract disputes and related tort claims, construction disputes (representing construction professionals, contractors and owners), employment-related disputes (including trade secret, restrictive covenant, fiduciary duty and discrimination claims), and First Amendment matters (defamation and related claims). Jim has tried cases to conclusion before the state and federal courts of Connecticut and New York, conducted numerous mediations and arbitrations, and handled appeals to the Connecticut Appellate and Supreme Courts and the Second Circuit Court of Appeals. He has testified as an expert witness on various aspects of Connecticut law, including before the High Court of Justice, Chancery Division (London) on the subject of Connecticut law governing the construction of commercial contracts, the rights and obligations of debtors and creditors in commercial relationships, and other guaranty-related issues. Jim has also been engaged as a mediator by parties seeking to resolve civil disputes.

Professional & Community Affiliation

  • Connecticut Bar Association
  • Fairfield County Bar Association (Board of Directors, 2017-2021)
  • Fairfield County Bar Foundation (Board of Directors, 2021-present)
  • Greenwich Bar Association
  • Special Master, Connecticut Superior Court

Honors & Recognition

  • AV Preeminent Rating, Martindale-Hubbell® Peer Review Ratings™
  • Recognized as one of The Best Lawyers in America for the practice area of Commercial Litigation, 2020-2022.  See selection methodology at https://www.bestlawyers.com/Methodology
  • Connecticut Super Lawyer® 2015-2022 (Business Litigation). See selection information at http://www.superlawyers.com/connecticut/selection_details.html
  • Recognized in Greenwich Magazine’s Top Lawyers in Fairfield County for Commercial Litigation, 2021
  • Connecticut Bar Foundation, James W. Cooper Fellow

Publications & Presentations

  • Editor, American Criminal Law Review, 1984-85

Representative Litigation

Representation of NY venture collective firm in various transactional, trade secret, fiduciary duty and contract claims.

Representation of construction management company in defense of $20 million claim by State of Connecticut arising from construction of correctional facility.

Successful defense of Connecticut-based asset manager and its majority shareholder on $20 million claim for breach of contract and breach of fiduciary duty.

Successful arbitration of multi-million dollar claim for breach of contract and breach of fiduciary duty by former member of broker-dealer, arising from respondents’ refusal to liquidate member’s capital account upon his resignation from the firm.

Defense of news organizations in defamation claims.

Representation of former shareholders of insolvent management consulting firm in adversary proceedings by bankruptcy trustee, seeking to clawback payments on promissory notes.

Representation of commercial property owners in tax appeals.

Sample Reported Decisions

  • COF Real Estate Investments, LLC v. Town of Windsor, 2022 WL 14439463 (Conn. Super. Oct. 19, 2022)
  • Jafri v. Town of New Canaan, 2022 WL 344230 (D. Conn. 2022)
  • Zuro v. Town of Darien, 2020 WL 127703 (D. Conn. 2020)
  • Ladd v. Foley, 2020 WL 5607778 (Conn. Super. Aug. 24, 2020)
  • SBD Kitchens, LLC v. Jefferson, 157 Conn. App. 731, cert. denied, 319 Conn. 903 (2015); 2015 WL 425156 (Conn. Super. 2015); 2013 WL 6989409 (Conn. Super. 2013); 2012 WL 4801368 (Conn. Super. 2012)
  • Porter Capital Corporation v. Masters, Claim No. HC 12 T00556 (High Court of Justice, Chancery Division, London, Dec. 13, 2013) (expert witness testimony)
  • Nowacki v. Town of New Canaan, 2013 WL 785355 (D. Conn. 2013)
  • Weinberger v. Shaw, 2012 Conn. Super. LEXIS 3191 (Conn. Super. 2012)
  • Citibank, N.A. v. Marholin, 2012 WL 1434901 (Conn. Super. 2012)
  • McCoy v. Brown, 130 Conn. App. 702 (2011), 2011 WL 3506149 (Conn. Super. 2011), and 2010 WL 1233816 (Conn. Super. 2010)
  • Mara v. Otto, 127 Conn. App. 404 (2011), 2009 WL 532202 (Conn. Super. 2009) and 2009 WL 3285075 (Conn. Super. 2009)
  • Loeb v. Blue Star Jets, LLC, 2009 WL 4906538 (S.D.N.Y. 2009)
  • Failla v. Kripki, 2008 WL 5216298 (Conn. Super. 2008)
  • Harmon v. Pearson, 2007 WL 1321680 (Conn. Super. 2007)
  • Gattegno v. PricewaterhouseCoopers, LLP, 204 F.R.D. 228 (D. Conn. 2001), 205 F.R.D. 70 (D. Conn. 2001)
  • Bryan v. William M. Mercer, Inc., 76 F.Supp.2d 198 (D. Conn. 1999)
  • Itoba Limited v. LEP Group PLC, 54 F.3d 118 (2d Cir. 1995), cert. denied, 516 U.S. 1044, 116 S. Ct. 702, 133 L. Ed. 2d 659 (1996); 32 F.Supp.2d 516 (D. Conn. 1999)
  • Vanacore v. Kennedy, 86 F.Supp.2d 42 (D. Conn. 1998)
  • Rogen v. Memry Corp., 886 F. Supp. 393 (S.D.N.Y. 1995)
  • Tuttle v. Fahnestock & Co., Inc., 1992 WL 16945 (Conn. Super. 1992)

Pieterse,
Charles W.

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Charlie is Co-chair of the Firm’s Litigation Department and leads the Firm’s Trust and Estate’s litigation group.  Charlie has represented clients before state and federal trial and appellate courts, probate and surrogate courts and administrative bodies in a broad range of matters, including trusts and estate litigation, and complex business and commercial litigation.

Charlie’s trusts and estate litigation experience includes representation of corporate and individual trustees, executors, beneficiaries, conservators, guardians and attorneys-in-fact, and service as a guardian ad litem or court-appointed attorney, in disputes involving all aspects of probate and trust and estate litigation, including breach of fiduciary duty claims, trustee surcharge and removal proceedings, contested accountings, will and trust contests, construction and decanting proceedings, conservatorship and guardianship proceedings and contested lifetime transfers.  Charlie is a Fellow of American College of Trust and Estate Counsel (“ACTEC”) and serves on its Fiduciary Litigation and Professional Responsibility Committees as well as its Fiduciary Administration Task Force.  Charlie has been recognized as a Trust & Estate Litigation Lawyer of the Year on multiple occasions by The Best Lawyers in America, and as a leading private wealth lawyer (Tier 1) by Chambers & Partners, which described him as “a renowned trust and estate litigator.”

Honors & Recognition

  • Chosen for inclusion in Chambers High Net Worth Guide (Chambers & Partners) as a leading private wealth lawyer in Connecticut, 2021 and 2022 (Private Wealth Disputes) (Band 1)
  • Chosen for inclusion in Chambers High Net Worth Guide (Chambers & Partners) as a leading private wealth lawyer in Connecticut, 2018, 2019, and 2020 (Trusts and Estates Litigation) (Band 2)
  • Elected Fellow, American College of Trust and Estate Counsel (“ACTEC”), October 2019
  • AV Preeminent Rating, Martindale-Hubbell® Peer Review Ratings™
  • Recognized as Lawyer of the Year, Litigation – Trusts & Estates, Stamford, CT, in the 26th and 29th Editions of Best Lawyers in America
  • Recognized in the 23rd, 24th, 25th, 26th, 27th, 28th and 29th Editions of The Best Lawyers in America for the practice area of Litigation – Trust & Estates (2017-2023).  See selection methodology at https://www.bestlawyers.com/Methodology
  • 2018 Top 50 Connecticut Super Lawyer Selectee. See selection information at https://www.superlawyers.com/connecticut/selection_details.html
  • Connecticut Super Lawyer® 2006-2022 (Trusts & Estates Litigation). See selection information at https://www.superlawyers.com/connecticut/selection_details.html
  • New England Super Lawyer® 2008-2022 (Trusts & Estates Litigation). See selection information at https://www.superlawyers.com/connecticut/selection_details.html
  • Selected as Fellow, Litigation Counsel of America, 2018. See selection information at https://www.litcounsel.org/about/overview.html
  • Selected as a James W. Cooper Fellow, Connecticut Bar Foundation, February 2018
  • Recipient, Anne C. Cary Volunteerism Award, Family & Children’s Agency (2013)
  • Recipient, 2011 Connecticut Family Champion award presented by Connecticut Council of Family Service Agencies (2011)
  • Robert G. Krause Probate Pro Bono Award (2008)
  • Named to Connecticut Bar Association’s annual Pro Bono Honor Roll (multiple years)

Professional & Community Affiliation

  • American Bar Association
  • Connecticut Bar Association
    • Estates & Probate Section (Executive Committee)
    • Litigation Section
    • Connecticut Bar Foundation: James W. Cooper Fellow
  • American College of Trust and Estate Counsel
    • Fiduciary Litigation Committee
    • Professional Responsibility Committee
    • Fiduciary Administration Task Force
  • Fairfield County Bar Association
  • Greenwich Bar Association (President, 2004-05; Vice President, 2003-04)
  • Family and Children’s Agency (Vice President, Board of Directors, 2008 to present)
  • Community Centers, Inc. (President, Board of Directors, 1993-99)
  • Lawyers for Children America Volunteer Attorney (Connecticut Regional Leadership Council Member)
  • Dean’s Law Firm Advisory Council, Fordham Law School (2014-present)
  • President, Connecticut Chapter, Fordham Law School Alumni Association (2010-2012, 2014-2016)

Publications & Presentations

  • Moderator and Speaker, New England Regional Meeting of the American College of Trust and Estate Counsel: Ethics Potpourri – A Discussion of Current Ethical Issues, September 2022
  • Moderator and Speaker, American Law Institute, Representing Estate and Trust Beneficiaries and Fiduciaries 2021: “Where Angels Fear to Tread – Representing the Impaired Client,” October 2021
  • Moderator and Speaker, Connecticut Bar Association, Elder Law Section, “Preservation of the Estate Plan in the Face of Incapacity, Disruption and Avarice,” April 28, 2021
  • Moderator and Speaker, 2020 Federal Tax Institute of New England, “The Hazards of Ethical Lawyering,” November 10, 2020
  • Moderator and Speaker, American Law Institute, “Representing Estate and Trust Beneficiaries and Fiduciaries 2018,” “When Offshore Trust Disputes Washup Onshore” (a presentation focusing on the legal, procedural and strategic issues arising in domestic litigation involving offshore trusts), July 2019
  • Moderator and Speaker, Connecticut Bar Association Attorneys Connecticut Legal Conference:  Conservatorship Litigation – “A Discussion of Strategic, Legal and Ethical Issues,” June 2019
  • Speaker, Cambridge Forum on Private Wealth Litigation: Guardianship/Conservatorship Litigation Strategies, April 2019
  • Speaker, Quinnipiac University School of Law Attorney/Law Students/Law Faculty Emerging Scholars Discussion Series:  A Discussion of Tortious Inheritance with Inheritance – whether it should be recognized in Connecticut, April 2019
  • Speaker, “The Ultimate Guide to Probate,” National Business Institute, September 2018, Topic: “Ethical Practice Considerations and Concerns in Probate Court”
  • Speaker, “Estate Administration from Start to Finish,” National Business Institute, May 2018, Topic: “Ethics and Estate Administration”
  • Speaker, “Estate Administration from Start to Finish,” National Business Institute, May 2017, Topic: “Ethical Practice Considerations and Concerns in Probate Court”
  • Speaker, “The Probate Process from Start to Finish for Paralegals,” National Business Institute, April 2017, Topic: “Ethical Perils in the Probate Process”
  • Speaker, “The Ultimate Guide to Probate,” National Business Institute, November 2016, Topic: “Ethical Practice Considerations and Concerns in Probate Court”
  • Speaker, “Drafting Trustee Releases and Beneficiary Consents,” Connecticut Bar Association, Estates and Probate Section and Young Lawyers Section, New Haven, CT, May 12, 2015
  • “Releases between Trustees and Beneficiaries: Ensuring Enforceability” published in the Connecticut Bar Association Estates & Probate Newsletter, December 2014
  • Speaker, “Representing Estate and Trust Beneficiaries,” American Law Institute Continuing Legal Education Group (ALI-CLE), Chicago, Ill., July 2014, Topic: “Releases and Their Challenges.”
  • “The Effectiveness of Retention Clauses and Exculpatory Language under Connecticut Law” published in the Connecticut Bar Association Estates & Probate Newsletter, May 2010 (Co-Author).
  • “Exculpation and Proaction,” “Estate Planning” Magazine, February, 2010 (Co-Author).
  • Speaker, “Representing Estate and Trust Beneficiaries and Fiduciaries,” American Law Institute-American Bar Association, Chicago, Illinois, July 2009, Topic: “Exculpatory Language in Wills and Trusts”
  • Guest Commentary: “Companion Opinions Address Emerging Trend in Standard of Proof of Debt Owed,” Bank Bailout Litigation News, November 9, 1998, Commercial Lending Litigation News, November 1998.
  • “A Question of Fault – Apportioning Contract Damages,” Metropolitan Corporate Counsel, October 1997.

Representative Trust & Estates Litigation

Together with co-counsel from Simpson Thacher & Bartlett, represented trustees in action in which adverse party sought to challenge creation of charitable trust by means of the exercise of testamentary power of appointment.  Trial Court decision, involving an issue of first impression, was a complete victory for trustees and consortium of other interested parties supporting the charitable trust, which is believed to be among the largest charitable gifts in Connecticut history.  Helen Z. Benjamin, et al. v. Ralph P. Corasaniti, et al., 2020 WL 3058149 (Conn. Super. May 1, 2020).

Successfully dismissed appeal taken by a Swiss trustee from probate court decision holding that it had jurisdiction to hear a trust accounting petition, thereby preserving the probate court’s finding of jurisdiction in a case where the trustee had twice moved to dismiss claiming that the petition should be brought in an offshore jurisdiction.  Rysaffe Fiduciaires SARL v. Hind El Achchabi, 2018 WL 1936468 (Conn. Super. April 3, 2018).

Successfully moved to strike claims for tortious interference with an inheritance and tortious interference with a contract in a dispute over nearly $20 million in transfers. Our motion raised the unsettled issue of whether and in what circumstances Connecticut courts should recognize a cause of action for tortious interference with an inheritance.  The Superior Court agreed with our arguments that (i) the plaintiffs had failed to plead the level of tortious conduct required to state such a claim and (ii) that the plaintiffs had no legitimate expectancy interest under the divorce agreement under which the plaintiffs’ claims allegedly arose.  Zupa v. Zupa, 2018 WL 18552 (Conn. Super. June 20, 2018).

On behalf of trustee, challenged settlor’s putative restatement of a $40 million trust purporting to significantly amend its terms.  The background was complex: the trust derived from foreign and domestic trusts originating from a foreign source and the case raised cutting-edge issues regarding the use of a power of appointment to restate an irrevocable trust.  We successfully resolved all issues between and among the trustee, the settlor and the beneficiaries.

Successfully resolved claims against corporate fiduciary in contested accounting proceeding wherein beneficiaries sought to surcharge trustee in an amount in excess of $70 million. Issues included trustee’s compliance with Prudent Investor Act, including whether it had a duty to diversify concentrated holdings, and scope of protection afforded trustee under exculpatory language of trust instrument.

Successfully defended individual trustee in removal proceeding brought by trust beneficiaries alleging breach of fiduciary duty, hostility and failure to properly manage trust assets. Case settled upon favorable terms after close of evidence.

Successfully defended corporate fiduciary against trust beneficiaries’ claims seeking damages for breach of fiduciary duty, fraud, conversion and unfair trade practices. Case concluded upon beneficiaries withdrawal of all claims.

Successfully opposed, on behalf of Vermont fiduciary, attempt by decedent’s former attorney to contest Vermont will and instead probate an earlier will in Connecticut, including vacating attorney’s ex parte appointment as temporary administrator.

Successfully represented trust beneficiary seeking to remove individual trustees and install successor trustees to ensure substantial family trust administered in manner consistent with settlor’s intent.

Successfully represented out-of-state receiver of insolvent insurance company seeking recovery from Connecticut estate.

Successfully resolved will contest by decedent’s daughter and sole heir contending late father’s “death-bed” will was procured by undue influence exercised by decedent’s girlfriend.

Representation of son contesting actions of stepfather who commenced involuntary Guardianship proceeding in Florida against son’s mother. Matter involved proceedings in both Connecticut and Florida.

Representative Commercial Litigation

Successfully obtained dismissal of claims against a national bank by investors who claimed that our client, acting as an investment advisor, breached an oral modification to the parties’ investment agreement, causing the plaintiffs substantial losses.  The District Court agreed with our argument that the plaintiff’s claim was barred by the parol evidence rule, and dismissed the claim with prejudice.  Gibilisco v. Wells Fargo Bank, N.A., 2015 WL 2383746 (D. Conn., 2015).

Successfully obtained dismissal of fraudulent transfer claims brought by foreign bank against overseas clients on grounds clients were not subject to suit in New York.  New York’s Appellate Division, First Department, unanimously affirmed ruling of New York Supreme Court.  Deutsche Bank AG v. Vik, 163 A.D.3d 414 (1st Dept’ 2018).

Successfully defended insurer in complex insurance coverage dispute involving a claim in excess of $150 million by a multinational corporation under the errors and omissions coverage of a combined specialty insurance policy.

Successfully defended national financial institution serving as trustee of construction project financing in dispute involving claim in excess of $80 million by general contractor arising out of project developer’s termination of general contractor and its subsequent claims against, inter alia, trustee for claims of breach of implied contract, fraud and negligent administration of funds.

Represented internet comparison shopping provider in dispute involving claim by former director for options and consulting fees. Matter favorably resolved after securing dismissal of former director’s counterclaims and prevailing in venue dispute.  Dealtime.com v. McNulty, 123 F. Supp. 2d 750 (S.D.N.Y.2000).

Successfully defended, through appeal, international corporation and its domestic manufacturing subsidiary in $60 million breach of contract/warranty case.  Outboard Marine Corp v. Babcock Industries, Inc., 106 F.3d 182 (7th Cir. 1997); Outboard Marine Corp v. Babcock Industries, 1995, N.D. Ill., 1995 Lexis C429; Outboard Marine Corp v. Babcock Industries, 1994, N.D. Ill., 1994 Lexis 11998.

Member of national defense counsel team which successfully defended manufacturer of prescription drug in connection with nationwide class action and multi district litigation proceeding. The litigation involved more than 250 suits and claimants throughout the nation.  Valentino v. Carter Wallace, Inc., 97 F.3d 1227 (9th Cir. 1996).

Coordinated international investment group’s investigation and prosecution of claims arising out of its multimillion dollar investment with founders and control group of prominent theme restaurant companies. Responsible for international financial investigation and prosecution of claims against control group and its multiple corporate entities. Successfully removed control group and favorably resolved lawsuits commenced in Italy, Ireland and the United States and international letter of credit proceeding.

Member of team defending national financial institution’s subsidiary against claims arising out of client’s cancellation of purchase of $275 million mortgage loan pool. Involved in all aspects of case, with primary contribution to discovery directed to representations concerning, and actual credit quality of, mortgage pool.

Lawler,
Richard F.

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Dick is a litigator with over 35 years of experience, including 4 years as an Assistant United States Attorney in the Southern District of New York and the last 30 years as a commercial litigator in Connecticut and New York. Dick has tried dozens of cases to verdict, both jury and non jury, including complex commercial and white collar criminal trials, and has participated in numerous arbitrations and mediations. He has also argued appeals before various state and federal appellate courts. Dick has conducted internal investigations and has defended both individuals and corporations involved in investigations throughout the United States and abroad by administrative and regulatory authorities, such as the SEC, CFTC, FINRA, the Federal Reserve and various criminal investigations by the Dept. of Justice, U.S. Attorneys’ offices and state prosecutors. For example, Dick has recently represented individuals and institutions in investigations involving libor manipulation, high frequency trading, insider trading and tax fraud. Locally he has represented companies, individuals and home owners associations in state and federal litigation involving contract and employment related disputes, corporate governance issues, fiduciary obligations, and various commercial tort claims.

Dick was a Fulbright Scholar and Navy officer and started his legal career in Connecticut. After service as a federal prosecutor in the U. S. Attorney’s Office in New York, he joined the firm which eventually became Whitman Breed Abbott & Morgan, splitting his time between their New York and Connecticut offices. After many years with Winston & Strawn (WBAM’s successor firm in New York) Dick has returned to WBAM in Connecticut.

Professional & Community Affiliation

  • Yale Alumni Fund – Co-Chairman – Class Agents
  • Greenwich Field Club (Former President)
  • Federal Bar Council

Jansen,
Wyatt R.

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Wyatt is a partner working at the intersection of complex business and fiduciary, trust, and estate litigation in Connecticut and New York.  Wyatt has represented institutional and individual clients in matters involving shareholder and membership disputes, noncompetes, trade secrets, books and records demands,  fiduciary duties, trust construction, contested accountings, nonprofit matters, and will contests.  He has also served as Connecticut counsel for leading national and international law firms.

Wyatt’s experience includes:

  • Successful defense at trial and on appeal in cross-border judgment enforcement action exceeding $300 million
  • Successful defense at trial and on appeal of validity of charitable gift exceeding $100 million and representation in related accounting proceedings
  • Successful defense of claim arising from alleged $20 million equity grant in VC firm
  • Successful prosecution of claims by VC firm against portfolio company, its principals, and a newly-formed competitor for breach of fiduciary duty, unfair competition, and other commercial torts
  • Successful petition for Attorney General approval of large interested-party transaction between private foundation and its directors
  • Successful resolution of dispute over restatement of two substantial trusts negatively affecting minor beneficiaries
  • Successful petition for a seven-figure support allowance for estate beneficiaries from insolvent estate

Wyatt is a member of the Connecticut Committee of the Federal Bar Council and the Connecticut, Fairfield County, and Greenwich bar associations. He has been recognized by Best Lawyers® in Trust & Estate Litigation and as a Super Lawyer® Rising Star in the areas of business litigation and trust and estate litigation every year since 2018.  See selection information at https://www.bestlawyers.com/methodology and  http://www.superlawyers.com/connecticut/selection_details.html

Publications & Presentations

When Offshore Trust Disputes Wash Up Onshore, ALI/ABA – Representing Estate & Trust Beneficiaries & Fiduciaries (June 2019)

Connecticut’s Celotex Problem: Preventing Unnecessary Trials by Revitalizing Summary Judgment, Connecticut Law Tribune (Feb. 14, 2018)

Opportunity and Danger: Conn. Statutes of Limitations Don’t Apply to Arbitration, Connecticut Law Tribune (Feb. 8, 2018)

Enforcing the Unenforceable Forum Selection Clause, Connecticut Law Tribune (Dec. 1, 2016)

Strategic Removal & the Voluntary-Involuntary Rule, Connecticut Law Tribune (Aug. 15, 2016)

Impermissible Windfalls? Unemployment Insurance, Back Pay, and the Two Classes of Title VII Plaintiffs, 18 Connecticut Insurance Law Journal 307 (2012)

Hendele IV,
John M.

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John is a Counsel in the Litigation department. He has represented a variety of corporate and individual clients in litigation and enforcement actions in state and federal courts throughout the country. He has experience in all phases of the litigation process from pre-complaint investigation and counseling through trials, and appeals, as well as with mediation and arbitrations.

Prior to joining Whitman Breed, John was an associate in the New York offices of Winston & Strawn LLP and Buckley Sandler LLP, where he focused on representing financial services firms in litigation and a wide array of government enforcement matters, SEC investigations, and class actions alleging violations of the federal securities and consumer lending laws.