Leigh S. Willey

Partner

Leigh S. Willey focuses her practice on general litigation and real estate and land use and development matters. Prior to joining Boutin Lowman PLLC, she was an associate in the Commercial Litigation department of Devine Millimet & Branch, P.A. in Manchester, New Hampshire. She previously served as a Law Clerk for the Honorable Joseph P. Nadeau in the New Hampshire Supreme Court. While in law school, she was a legal extern with The Estee Lauder Companies, Inc. in New York City where she assisted corporate counsel in the procurement, management and enforcement of the company’s trademark portfolio.

Ms. Willey has broad and varied litigation background. She has litigated matters involving complex commercial disputes, including intellectual property disputes, patent and trademark infringement, trade secret and unfair competition claims and violations of the New Hampshire Consumer Protection Act. Ms. Willey also has extensive experience in defending New Hampshire ski areas against personal injury claims. She has appeared before the New Hampshire Superior Courts and the United States District Court for the District of New Hampshire and has argued before the New Hampshire Supreme Court.

Ms. Willey also handles real property, land use and development and zoning matters for private landowners, residential and commercial developers, landlords, contractors and others. She has successfully handled matters involving real estate contracts and conveyancing, deed restrictions, excavation regulations and permits, easements, boundary disputes, mechanics’ liens, residential and commercial evictions, partition and quiet title actions. She has also represented clients in permitting and opposition proceedings under the Shoreland Quality Protection Act before the New Hampshire Department of Environmental Services.

Admissions:

State of New Hampshire
United States District Court, District of New Hampshire
United States Court of Appeals, First Circuit

Education:

Juris Doctor, Master of Laws (Intellectual Property), University of New Hampshire School of Law (formerly Franklin Pierce Law Center), cum laude

Bachelor of Science, Plymouth State University (Marketing), cum laude

Representative Matters and Reported Cases:
Obtained summary judgment on the plaintiff’s negligence claims against a New Hampshire ski area based on the liability release agreement signed by the plaintiff, which was affirmed by the New Hampshire Supreme Court. McGrath v. SNH Development, Inc., 158 N.H. 540 (N.H. 2009).

Obtained dismissal of the plaintiff’s negligence claims against a prominent New Hampshire ski area based on the New Hampshire Ski Statute, RSA 225-A, which provides that collisions with other skiers is an inherent risk in the sport of skiing that the plaintiff assumed as a matter of law. Hanus v. Loon Mt. Rec. Corp., 2014 WL 1513232 (D.N.H. 2014).

Represented trustee in a dispute with beneficiaries concerning the interpretation and enforcement of a trust. Successfully defended against the beneficiaries’ claims that the trustee acted improperly and unlawfully in the probate court. Also, successfully defeated the beneficiaries’ claims that they were entitled to a jury trial on their claims in an appeal to the state’s highest court. Digaetano v. Digaetano, 163 N.H. 588 (N.H. 2012).

Obtained dismissal of plaintiff’s vicarious liability claims against a Lakes Region ski area under the New Hampshire Ski Statute, RSA 225-A. The trial court’s decision was affirmed on appeal to the New Hampshire Supreme Court. Camire v. Gunstock Area Commission, 166 N.H. 374 (N.H. 2014).

Member of a team of lawyers representing a commercial landlord in a breach of contract action against one of its tenants. Following a week-long bench trial, the District of New Hampshire awarded the landlord more than $3 million dollars in unpaid rent. Lakeview Mgmt. v. Care Realty, LLC, 2009 U.S. Dist. LEXIS 28171 (D.N.H. 2009). 

Represented four inmates at the women’s prison in conjunction with New Hampshire Legal Assistance in a lawsuit against the Department of Corrections that challenged the disparity between the programs available to female inmates with those available to male inmates. 

Negotiated a favorable settlement for an international eyewear manufacturer that included an exclusive licensing agreement in a patent infringement case. 

Professional Associations and Memberships:
New Hampshire Bar Association

Lakes Region Board of Realtors, Legislative Committee Member

Dress for Success, New Hampshire, past Co-President Board of Directors

Leadership Lakes Region, Class of 2013

Select Publications and Speaking Engagements:
Presenter, Lakes Region SCORE, 3rd Annual Women’s Business Roundtable, Meredith, New Hampshire, May 2, 2018

Author, “Matal v. Tam: U.S. Supreme Court Expands the Scope of Trademark Law, New Hampshire Bar News, June 20, 2018

Presenter, “The Purchase and Sale Agreement from a Litigator’s Perspective,” CATIC® Spring 2018 Education Seminar, April 12, 2018

Co-author, “Excavation Laws Highlight State v. Local Regulation Authority,” New Hampshire Bar News, June 21, 2017

Co-author, “Real Estate Law Bootcamp: Legal Ethics,” National Business Institute, Inc., June 12, 2017

Co-Presenter, “New Hampshire Mechanic’s Lien Law,” April 10, 2017

Guest Lecturer, “What Every Artist Should Know About Intellectual Property Law,” New Hampshire Institute of Art, November 2014

“Fashion Design & IP” N.H.B.J., Vol. 55, Nov. 1, 2014

Co-author, “Intellectual Property Law: Settlement in Cariou v. Prince Addresses Fair Use,” New Hampshire Bar News, June 18, 2014

Speaker, “Fuel Your Leadership Talents Through Intellectual Property,” New England Women’s Leadership Institute 7th Annual Women’s Leadership Summit, June 2014

Weikers, R.N. (2012, 2013). Civil Litigation: Security. In L. Willey and K. Blanchette (Eds.), Data Security and Privacy Law. Thompson Reuters “

Book Review: The Right Moves: Job Search and Career Development for Lawyers by Valerie Fontaine,” New Hampshire Bar News, April 7, 2006