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James D. Rosenberg

James D. Rosenberg
Super Lawyers

Shareholder / Director

Email: jrosenberg@shaheengordon.com
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Jim is a Partner at Shaheen & Gordon and is a member of the firm’s management committee.

A native of Concord, New Hampshire, Jim brings substantial courtroom experience to Shaheen & Gordon’s litigation team, focusing his practice in the areas of criminal defense, DWI / DUI Defense, complex commercial litigation, and business litigation. Jim has successfully represented a wide variety of clients in both state and federal courts. Whether it is representing a publicly traded company before the First Circuit Court of Appeals or an individual charged with a criminal offense before a local District Court, Jim has achieved important victories for clients in matters large and small through his straightforward and aggressive approach to his courtroom work.

Jim has been recognized for his excellence in the area of criminal defense as well as his commitment to the bar and the State of New Hampshire. In 2005, the Union Leader named him to its 40 Under 40 list – an annual collection of the State’s “young leaders” selected by the State’s only newspaper of statewide circulation. In 2010, Governor Lynch appointed him to the Judicial Selection Commission, which is responsible for interviewing, investigating and recommending candidates to the Governor to fill state court judicial vacancies. In 2013, Governor Hassan promoted him to serve as the Co-Chair of the Judicial Selection Commission, making him responsible for managing the Commission. For his excellence in the area of Criminal Defense, he was named to the 2008, 2009, 2010, 2011 and 2012 Superlawyers Rising Star List, a list that includes only 2.5% of lawyers in New Hampshire.

Prior to joining the firm, Jim served for four years as an Assistant Attorney General in the Criminal Justice Bureau of the New Hampshire Attorney General’s Office. As a prosecutor, he appeared in every Superior Court in New Hampshire and routinely argued appellate cases before the New Hampshire Supreme Court. At the Attorney General’s Office, Jim was assigned to the Homicide Unit where he was one of five prosecutors responsible for the investigation and prosecution of all murder cases statewide.

In 2002, Jim was one of two prosecutors assigned to the Attorney General’s Task Force for the Investigation of the Roman Catholic Diocese of Manchester for failing to protect children from sexually abusive clergy; an investigation that culminated in a historic agreement where the Diocese admitted that there were sufficient facts to support its criminal conviction for endangering the welfare of children.

Jim began his legal career with the law firm of Testa, Hurwitz, and Thibeault in Boston, Massachusetts where he served in the litigation department and represented corporate clients in white-collar criminal matters, intellectual property disputes, and employment cases.


Admissions

  • Member of the Bar – New Hampshire
  • Member of the Bar – Commonwealth of Massachusetts
  • United States District Court for the District of New Hampshire
  • United States Court of Appeals for the First Circuit
  • United States Supreme Court

Professional Associations and Memberships

  • New Hampshire Bar Association
  • New Hampshire Bar Association, Former Member of Professionalism Committee
  • New Hampshire Association of Criminal Defense Lawyers
  • National Association of Criminal Defense Lawyers
  • American Bar Association

Recognition

  • 2013 Co-Chair, Judicial Selection Commission, Promoted by Governor Hassan to serve as the Co-Chair of the Judicial Selection Commission, managing the group of lay people and attorneys responsible for interviewing, investigating and recommending to the Governor candidates for New Hampshire's state court judicial vacancies.
  • 2012 Super Lawyers Rising Star, Earned honors for the fifth straight year by being named to the 2012 New England Superlawyers list for excellence as a Criminal Defense attorney.
  • 2011 Super Lawyers Rising Star, For the 4th year running, named to the 2011 New England Superlawyers list for his success in the area of Criminal Defense.
  • 2010 Judicial Selection Commission, Appointed by Governor Lynch to the Judicial Selection Commission, which is the group responsible for interviewing, investigating and recommending to the Governor candidates for New Hampshire's state court judicial vacancies.
  • 2010 Super Lawyers Rising Star, Earned selection in the 2010 New England Superlawyers list for his achievements in the area of Criminal Defense, a notable distinction because it was his third consecutive year named to the list.
  • 2009 Super Lawyers Rising Star, For the second year running, Jim was selected to the 2009 New England Super Lawyers list for his excellence in the area of criminal defense. He was the only New Hampshire attorney named to the Rising Stars list in the area of criminal defense.
  • 2008 Super Lawyers Rising Star, Jim was selected to the 2008 New England Super Lawyers list of Rising Stars for his work in the area of Criminal Defense. Jim was the only New Hampshire lawyer named to the Rising Stars list in the area of Criminal Defense. Only 2.5% of New Hampshire lawyers either under the age of 40 or in practice for 10 years or less were eligible for selection to the list.
  • 2008 Truth and Justice Award, March 3, 2008, commemorating the fifth anniversary of the release of secret documents from the Diocese of Manchester.
  • 40 Under Forty Union Leader Selection 2005, Jim was named to the Manchester Union Leader's "40 Under Forty" list in 2005 – a list of forty individuals under the age of forty that have made valuable contributions to their businesses, professions, and the communities in which they live. Jim was one of the youngest recipients of the award in 2005.

Career

  • H.S., Concord High School, 1992
  • B.A., American University, 1996
  • J.D., Northeastern University, 1999
  • Associate Attorney, Testa, Hurwitz & Thibeault, 1999 – 2000
  • Assistant Attorney General, The State of New Hampshire Office of the Attorney General, 2000-2004
  • Adjunct Professor, Massachusetts School of Law, 2002, White Collar Crime
  • Associate Attorney, Shaheen & Gordon, P.A., 2004 – 2005
  • Director, Shaheen & Gordon, P.A., 2005 – Present
  • Shareholder, Shaheen & Gordon, P.A., 2006 – Present
  • Adjunct Professor, Franklin Pierce Law Center, 2006 and 2007, Advanced Appellate Advocacy

Recent Publications

  • Plea Bargaining – "When Deal Making Turns To Deal Breaking" View
    published in the New Hampshire Bar News, July 8, 2005.

Community Involvement

  • President, Concord National Youth Softball
  • Volunteer of the Year 2012, Concord National Youth Softball
  • Concord Family YMCA, Former Board Member

Representative Cases

  • DWI Victory – Concord District Court

    Earned not guilty verdict after trial against the New Hampshire State Police where client was lost and out of gas on the side of I-93, Trooper alleged odor of alcohol, client admitted to consumption of alcohol and allegedly failed field sobriety cases.

  • Charges Dropped in Felony Sexual Assault – Merrimack County

    Following aggressive litigation of discovery issues, reached agreement whereby the State dropped Felony Sexual Assault charges in favor of non-sexual offenses avoiding stigmatizing registry obligations and exposure to the State Prison sentence.

  • DWI Second Offense Victory – Manchester District Court

    Secured outright dismissal of second offense DWI charge by successfully arguing that officer lacked reasonable suspicion to initiate a motor vehicle stop, avoiding mandatory minimum jail sentence, long term license loss, ignition interlock requirement and fines.

  • DWI Victory – Laconia District Court

    Secured victory in the middle of trial despite State blood result which alleged a BAC well in excess of the legal limit by calling into question the propriety of the State's blood testing and the State's disclosures of evidence and witnesses to the Defense prior to trial.

  • Charges Dropped in Felony Sexual Assault – Rockingham County

    Felony sexual assault charges dropped following pointed defense investigation which uncovered innocent explanation for alleged sexual contact.

  • ALS and DWI Victory – Keene District Court

    Won contested Administrative License Suspension Hearing by relying on client's medical condition to explain poor performance on Field Sobriety Testing followed by outright dismissal of the DWI charge in Court.

  • Aggravated Felonious Sexual Assault Charges Dropped – Grafton County Superior Court

    Aggressively litigated pretrial discovery issues, collecting mental health information regarding alleged victim’s history of lying. Reached agreement whereby all sexual offenses were dropped in favor of non-sexual convictions, avoiding any jail or prison time as well as stigmatizing registration obligations.

  • DWI Victory – Hooksett District Court

    Secured dismissal of DWI case on behalf of Massachusetts driver by successfully litigating motion to dismiss due to unconstitutional speedy trial violation.

  • Not Guilty - Domestic Violence / Simple Assault Victory – Dover District Court

    Won Not Guilty on all charges following trial in which alleged victim claimed that live in boy friend twice physically assaulted her, but delayed in making any report to law enforcement and made inconsistent statements regarding the event.

  • Not Guilty - DWI – Claremont District Court

    Secured Not Guilty verdict following trial despite Trooper testimony that client made unsafe high speed pass, failed the HGN test and failed the 9 step walk and turn test.

  • Not Guilty - Underage Possession of Alcohol Victory – Concord District Court

    Secured Not Guilty Verdict following trial despite officer testimony that client was stopped for hitchhiking and failed the HGN test.

  • Appeal Victory – New Hampshire Supreme Court

    Successfully defended a client in an appeal where the client was sued for money damages arising out of a property transaction.

  • Felonious Sexual Assault Victory – Merrimack County Superior Court

    Secured Not Guilty verdicts after jury trial on behalf of a client charged with Felonious Sexual Assault and Simple Assault.

  • DWI Victory – Concord District Court

    Won DWI trial despite Concord Police Department claim that client ran over the center of a roundabout and failed Field Sobriety Testing.

  • Criminal Contempt Victory – Franklin District Court

    Obtained a Not Guilty verdict following a bench trial for client charged with Criminal Contempt.

  • DWI Victory – Concord District Court

    Won a Not Guilty verdict in DWI case after bench trial.

  • DWI Victory – Laconia District Court

    Motion to Dismiss DWI case granted by the court following a victory in the administrative hearing.

  • ALS Hearings

    Won multiple victories at Administrative Hearings on behalf of clients in drunk driving cases, preventing the imposition of administrative license suspensions.

  • Possession of Alcohol - Plymouth District Court

    Won multiple trials where clients are accused of underage possession, charges brought by both local police and following stings by the New Hampshire Liquor Commission.

  • International Arbitration – MARKS v. Presstek, 455 F.3d 7

    Secured significant victory for publicly traded company after briefing and oral argument before the First Circuit, when the court affirmed the dismissal of the Plaintiff's demand for arbitration of an international contract dispute.

  • Felony Second Degree Assault – Coos County

    Secured no time agreement whereby State dropped Felony offense in favor of Simple Assault Misdemeanor despite allegations of serious bodily injury.

  • Not Guilty - DWI Victory – Concord District Court

    Secured not guilty verdict after trial for client charged with DWI despite the fact that the client was pulled over for traveling 84 miles per hour on I-89, Officer detected an odor of alcohol and the Officer testified that the client failed the HGN, 9 Step Walk and Turn and the 1 Leg Stand tests.

  • Case Dismissed in Felony Sexual Assault Case – Hillsborough County

    Aggressive litigation of discovery issues lead to outright dismissal of Felony Sexual Assault charges, avoiding exposure to State Prison and stigmatizing registration obligations.

  • Case Dismissed - Business Crime Victory – Laconia District Court

    Successfully defended individual defendant charged with violations of boating laws relating to administration of local business by securing dismissal of case during trial.

  • Simple Assault Victory – Merrimack District Court

    Won case in the middle of trial based on Motion To Dismiss for failure of State to meet its burden following defense cross examination of State witness.

  • Not Guilty - DWI Victory – Plymouth District Court

    Obtained Not Guilty verdict during trial based on successful Motion To Suppress Preliminary Breath Test evidence on Constitutional grounds.

  • Employment Victory – Jeffrey Gahm v. Bailey Distributors v. Ocean State Oil

    Successfully defended closely held company against request for a preliminary injunction brought by a competitor, arising out of an employee non-compete agreement.

  • Possession of Drugs and DWI Second Offense Victory – Laconia District Court

    Won Motion To Suppress drugs followed by verdict of Not Guilty after a bench trial for client charged with both DWI Second Offense and Possession of Marijuana.

  • Criminal Contempt Victory – Concord District Court

    Won Motion to Dismiss charges of Criminal Contempt for possessing firearms.

  • Report on the Investigation of the Diocese of Manchester

    Co-authored report which was the final product of an intense investigation conducted by the New Hampshire Attorney General's Office into the manner in which the Roman Catholic Diocese of Manchester handled allegations that priests committed sexual assaults against minors — an investigation that established that the Diocese endangered the welfare of children.

  • Ellsworth v. Warden, 333 F.3d 1

    Achieved reversal before an en banc panel of prior First Circuit decision granting a convicted rapist's request for habeas corpus relief arising out of a pre-trial discovery dispute in a criminal case.