Ned Sackman

Here’s why you’ll enjoy working with him.

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:

• Successfully defending a national online retailer of musical equipment through trial in copyright and trademark dispute. Ned is currently defending this case on appeal.
• Defended a German software company in multi-year ligation over alleged trademark infringement. This case ended with the negotiation of a favorable settlement.
• Obtained judgment and injunction on behalf of national roofing supplier in trademark infringement action.  
• Required an infringing restaurant business to change its name in order to settle trademark infringement dispute.
• Required infringing energy business to change its name in order to settle trademark infringement dispute.  

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:

• Representing multiple auto and equipment dealers in protest actions before New Hampshire’s Motor Vehicle Industry Board.
• Serving as outside general counsel for a New Hampshire-based auto dealership group.
• Partnering with the New Hampshire Automotive Dealers Association on an amicus brief to the New Hampshire Supreme Court in an insurance dispute on behalf of a body shop.
• Defending a publicly-traded national dealership group against consumer complaints and commercial litigation.

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:

• Representing a commercial laundry and linen company in a non-competition agreement and trade secret dispute with a competitor.
• Defending a software licensing company and its principals in a non-competition agreement and trade secret dispute with a former employer.
• Serving as outside general counsel defending all New England-based disputes on behalf of a publicly-traded private equity firm.

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.

Ned received his J.D. from the University of Virginia School of Law and following law school clerked for Judge Thomas M. Golden on the U.S. District Court for the Eastern District of Pennsylvania. 

Prior to joining Bernstein Shur, he worked at the Philadelphia headquarters of an Am Law 100 law firm. 

He received his B.A. from Tulane University in New Orleans.

When Ned isn’t working, he is…

Serving on the New Hampshire Board of Bar Examiners and helping to plan the annual fundraiser for the Campaign for Legal Services. When he’s not at the office he enjoys spending time with his family, playing blues guitar, and listening to stand-up comedy.