Jonathan M. Dunitz
Counsel
Jonathan’s law practice is comprised of energy, utilities, and telecommunications; food and beverage law; insurance coverage and litigation; commercial litigation; appeals; and mediation. His multifaceted practice and his creative, analytical approach to complex legal issues are natural extensions of his training as a classical and jazz musician and as a photographer. This background enables him to work intuitively with simultaneously moving and sometimes dissonant parts. Whether the circumstances call for tried-and-true methods or on-the-spot improvisation, he always seeks the best light for our clients.
Jonathan represents a wide range of clients before the Maine Public Utilities Commission on matters related to energy, telecommunications, and public water systems. His practice includes appeals from administrative agencies to Maine courts on matters related to utility services. In this area, he represents solar developers seeking to interconnect with the utility grid, water utilities regarding their rates and charges, and telecommunications companies regarding Lifeline telephone service and state taxation of telecommunications services. He also has represented bus transit agencies in an electric utility rate design proceeding, and defended a propane supplier in a proceeding before the Maine PUC related to alleged DigSafe violations. Jonathan has also represented parties before the Maine Law Court on issues related to the taxation of telecommunications services, property tax assessments on electric transmission lines, and the recovery of damages.
Jonathan has experience working with both new and established New England breweries, restaurants, bars, and food processors. His beverage law practice focuses on risk management from start-up through growth, regulatory advice, and litigation before administrative tribunals and trial courts. Jonathan spoke on risk management at the 2017 New England Brew Summit, hosted by the Maine Brewers Guild, and the 2018 Craft Brewers Conference, hosted by the Brewers Association. He has also been a panelist on the impact of the Food Safety Modernization Act on breweries for the University of Southern Maine’s QC2 Lab and at the 2019 New England Brew Summit.
Jonathan has argued appeals before the Maine Supreme Judicial Court and the United States First Circuit Court of Appeals. In addition to the briefs he has argued on appeal, Jonathan has written numerous briefs, including amicus curiae briefs in the United States Supreme Court, the United States First Circuit Court of Appeals, and the Maine Supreme Judicial Court.
Jonathan’s insurance coverage and litigation practice includes all facets of insurance coverage and bad faith matters. In his more than 25 years of first- and third-party insurance coverage work, Jonathan has analyzed and litigated a broad spectrum of policy types, provisions, and claims. From the smallest first-party property claim to complex, third-party coverage litigation involving 60 underlying lawsuits, Jonathan has breadth and depth of experience in this area.
Jonathan’s experience in complex commercial litigation includes representing clients in a wide array of matters, including breach of purchase and sale agreements, complex licensing agreements, trade secrets, interference with contract, palming off, breach of fiduciary duty, and business valuation and profits. Among Jonathan’s strengths in this area are his ability to analyze complicated financial damages calculations and his understanding of business valuation. He co-edited the 2nd through 6th editions of The Comprehensive Guide to Economic Damages, published by Business Valuation Resources.
After three decades representing litigants, Jonathan is putting his dispute-resolution skills to work, helping individuals and businesses resolve conflicts efficiently and constructively. His mediation practice draws on his years of counseling clients, his broad litigation experience, his ability to understand complex factual and legal issues, and his steady, practical approach to problem-solving. In April 2019, he completed the University of Southern Maine Professional Development Programs Certificate Program in Mediation to further strengthen these skills.
Jonathan is available to mediate a wide range of matters, including:
Jonathan approaches each mediation with preparation, neutrality, and a focus on practical outcomes. He works to create an environment where parties can be heard, evaluate their options, and move toward solutions that reduce uncertainty and avoid the cost and strain of extended litigation.
In addition to his mediation and litigation background, Jonathan has made significant contributions to leading professional publications in the areas of economic damages and valuation. He served as a co-editor of The Comprehensive Guide to Economic Damages, published by BVR, beginning with the third edition in 2014 and continuing through the sixth edition in 2020. He also wrote the introduction to the 2020 edition of Business Valuation in Divorce, co-published by the American Bar Association and BVR.
Jonathan resides in South Portland, Maine, with his three-legged lab mix, Kirby. His photography has been exhibited in both solo and group shows in Maine and New York; in 2009, he was one of 12 New England photographers selected to present their work at the Currier Museum of Art in Manchester, New Hampshire. Jonathan played trumpet in various ensembles in and around Maine until retiring from that avocation in 2007. Jonathan is also an Eagle Scout.
Jonathan completed the Trek Across Maine in 2015-2019 and the Cycle in 2016-2019 to raise money for the American Lung Association. In 2019, he also completed the Cycle for Life ride in Rhode Island to raise funds for the Cystic Fibrosis Foundation. Undeterred by the COVID-19 pandemic, he completed the virtual versions of the Trek Across Maine and Cycle the Seacoast in 2020. In 2017, Jonathan organized the Verrill Velocilawyers, Verrill’s team, for the Trek Across Maine. The team also participated in both the Cycle the Seacoast ride and Trek Across Maine in 2018 and 2019.
Jonathan, who chaired Verrill’s Wellness Committee, made attorney well-being the cornerstone of his year as President of the Maine State Bar Association and continues those efforts on the Executive Council of the National Conference of Bar Presidents. He has been a panelist on attorney well-being issues for the National Conference of Bar Presidents, Maine State Bar Association, New England Bar Association, and the Montgomery County (PA) Bar Association. He has also authored articles on the topic and was interviewed about his work on attorney well-being in Maine for Leading the Bar, the National Conference of Bar Presidents’ Podcast.
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