Whittington Melendy & Girdwood, P.C.

· Field v. Mans, 133 L.Ed.2d 351, 116 S.Ct. 437 (U.S. Supreme Court 1995). On behalf of bankruptcy debtor, successfully argued in U.S. Supreme Court for "justifiable reliance" requirement in order for creditor to overcome general discharge policy of the Bankruptcy Code.

· Ostler v. The Codman Research Group, Inc., -- F. Supp. 2d -- (D.N.H. 1999). Successfully argued that in a 10b-5 securities fraud case the purchaser-seller requirement is met by option-holder.

· Galloway v. Chicago-Soft, Ltd., 142 N.H. 752 (N.H. 1998). Wage claim appeal.

· Field v. Mans, 157 F. 3d 35 (1^st Cir. 1998). After remand from U.S. Supreme Court, dealt with "law of case" issues.

· Field v. Mans, 210 B.R. 1 (B.A.P. 1^st Cir. 1997). At Bankruptcy Appellate Panel, addressed new reliance standards.

· McKeown v. Dartmouth Bookstore, Inc., -- F.Supp. -- (D.N.H. 1997)

· Banker v. Nighswander Martin & Mitchell, 37 F. 3d 866 (2d Cir. 1994). Lawyer malpractice case. On behalf of plaintiff, obtained plaintiff's verdict. After remand, award was increased to $416,000 (plus interest); affirmed on second appeal and collected in full.

· Phillips v. Verax Corp., 138 N.H. 240, 637 A. 2d 906 (1994). Obtained a $534,000 jury verdict ($900,000 with interest) for plaintiff in business fraud case; reduced by court to $200,000 ($359,000 with interest); affirmed on appeal and collected in full.

· Weale v. Lund, 649 A. 2d 247 (Vt. 1994). Obtained plaintiff's judgment of $80,000 in commercial case, affirmed in Supreme Court.

· Nordica v. Deloitte & Touche, 839 F. Supp. 1082 (D.Vt. 1993). Defended accountant malpractice claims on behalf of defendant Deloitte & Touche.

· Gannon v. Quechee Lakes Corp., 162 Vt. 465, 648 A. 2d 1378 (Vt. 1994). Obtained reversal (case handled by other counsel in trial court) in appeal relating to developer/property owner association dispute in Vermont's largest resort community (1,800 members).

· Budzius v. Robert Bosch Corp., 1989 WL 152834 (N.D. Ill. 1989). Obtained summary judgment for employer in commissions/ wrongful discharge case. (I left Chicago and withdrew from the case shortly before the decision was issued.)

· Norris v. Estate of Norris, 143 Ill. App. 3d 741 (1986). Probate dispute as part of larger 10b-5 action which resulted in jury award for my client, Susan Norris, of $1.5 million.

· Van C. Argiris v. FMC Corp., 144 Ill. App. 3d 750; 494 NE 2d 723 (1986). Commercial commission dispute.

· Barnes v. St. Catherines Hospital, 563 F. 2d 324 (7th Cir. 1977). Defendant's verdict for hospital in discrimination/ wrongful discharge case. Affirmed on appeal.

Other Significant Cases and Miscellaneous

· Brecher v. Specialty Paperboard, et al., (D. Vt. 1994). On behalf of Boise Cascade Corp., obtained dismissal with prejudice of shareholder 10b-5 class action.

· FDIC v. Bijan-Sara Corp., (D. Vt. 1994 and 2d Cir. 1996). Obtained $1.1 million judgment against Woodstock developer.

· Merritt v. AMS Anlagenplanunggesellschaft m.b.H, (D. Vt. 1998). Business fraud case involving failed $200 million German brewery in Windsor, Vermont.

· Aubin v. River Valley Fitness One, L.P., (D.N.H. 2000). Defended large health and fitness club against sexually harassment claim. Judgment for health club on all claims, and $50,000 judgment for health club on counterclaims.

Accountant's Malpractice

· FDIC v. A.M. Peisch & Co., (D. Vt. 1995). Defended the auditors of three failed banks in what I believe was the largest accountant's malpractice case in Vermont (settled on favorable, confidential terms).

Numerous other representations, including complete trials (all defendant’s verdicts).