Complex Litigation

In re 2003 NPM Adjustment Arbitration Proceedings
Mr. Donofrio served as lead counsel for Vermont in this complex arbitration concerning the 1998 tobacco Master Settlement Agreement between the states and the U.S’s largest cigarette manufacturers. After discovery, the manufacturers dismissed their claim against Vermont, preserving over $25 million of Vermont’s 2003 MSA payment.

Entergy Nuclear Vermont Yankee v. Shumlin
Mr. Donofrio defended Vermont in its dispute with Entergy over continued operation of the Vermont Yankee nuclear plant, a case that addressed the preemptive scope of the Atomic Energy Act.

Sorrell v. IMS Health, Inc.
Mr. Donofrio represented Vermont in this First Amendment challenge to a state law restricting datamining used for pharmaceutical marketing. (Petitioner’s Brief)

In re National Security Agency Telecommunications Record Litigation
Mr. Donofrio represented Vermont in this multidistrict litigation in the Northern District of California concerning states’ efforts to investigate alleged disclosures of confidential customer data by telecoms to intelligence agencies, the preemptive scope of federal law in matters of national security, and the application of state secrets doctrine.