Edward Ned Sackman
Commercial Litigation
Commercial Litigation
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Ned takes and wins tough cases. As a litigator and a trusted advisor, Ned has guided his clients through their most complicated and difficult problems. He has won at trial. He has gotten cases dismissed on the papers. He has pierced the corporate veil to collect debts. And, he has made new law at the New Hampshire Supreme Court in order to protect his clients. Ned’s areas of expertise include: Trademark, copyright, and trade secret litigation Ned has litigated “soft IP” disputes in state and federal district courts throughout the country, as well as before the Trademark Trial and Appeal Board. He frequently protects the rights of local brand owners and he has also defended infringement actions on behalf of large corporate clients. In addition, Ned has litigated matters involving trade secret theft on behalf of both large businesses and closely held corporations, as well as other complex business litigation matters. Some of Ned’s recent work on trademark, copyright, and trade secret litigation include: Automotive dealer representation Ned has represented auto dealers and other equipment franchisees in the New Hampshire and Massachusetts courts, and before the New Hampshire Motor Vehicle Industry Board. He has represented dealers in termination protests, consumer litigation, products liability litigation, and regulatory matters. Ned has also assisted dealers with difficult business disputes arising amongst partners. Some of Ned’s recent work representing automotive dealers includes: Non-competition agreements and other commercial litigation Ned has frequently litigated matters arising from non-competition and non-solicitation agreements in the New Hampshire Courts, including the Business and Commercial Dispute Docket, colloquially known as the “Business Court.” He has represented both businesses seeking to enforce their rights and executives and former business owners accused of breaching their agreements. Ned’s recent commercial litigation work includes: Ned is regularly asked to speak and publish thought leadership in the areas of intellectual property and commercial litigation, including recent publications in New Hampshire Business Review on NFTs and the Trademark Modernization Act, and presentations on behalf of the New Hampshire Bar Association on business litigation. Ned maintains an active pro bono practice. He is presently representing New Hampshire’s only inmate on death row in post-conviction proceedings seeking to vacate his capital sentence. Ned is also partnering on matters with the New England Innocence Project and the Human Rights Defense Center, which publishes the Prison Legal News.
Recognized in Best Lawyers since 2023
Justin Cox
Our company faced a high-stakes intellectual property and commercial dispute with a former business partner, a situation that threatened both our finances and our reputation. After consulting with several firms, we chose Ned Sackman at Bernstein Shur based on his recognized expertise in both commercial and IP litigation. From our first meeting, his deep experience from over 16 years in practice was evident. He didn't just see the legal arguments; he understood the business pressures we were under and crafted a strategy that was both aggressive and pragmatic. Ned's background, including his education at UVA Law and his track record of taking on tough cases, gave us immense confidence. He successfully navigated pre-trial motions, securing a critical dismissal of several claims that significantly weakened our opponent's position and forced a highly favorable settlement. His guidance as an advisor was as valuable as his skill in the courtroom. The one area for slight improvement is that during the most intense phases, communication could sometimes lag by a day, which was stressful. However, when we did connect, his insights were always worth the wait. We highly recommend Ned for anyone in New Hampshire facing complex litigation where the stakes are high.