Experience

Bill is the head of Pierce Atwood's Renewable Energy Practice.  He focuses his practice on renewable energy, policy and project development, as well as complex regulatory, litigation and appellate matters in state and federal courts and administrative tribunals. His work includes advising a broad spectrum of clients involved in the electric, gas and telecommunications sectors on issues such as Renewable Energy Credits, carbon emissions, regulatory reform, competition, alternative forms of regulation, tariffing, asset divestiture, transmission access, power purchase issues, and the First Amendment rights of regulated entities. An engineer before attending law school, Bill’s background allows him to provide a unique perspective and understanding of both the legal and technical issues faced by energy clients.

In his litigation practice, Bill has tried and argued cases at all levels of the Maine state courts, the U.S. District Courts in the Districts of Maine and Massachusetts, and the U.S. Court of Appeals for the First Circuit. Bill advises and represents clients involved in utility and energy-related litigation matters, as well as other complex commercial and business disputes, including claims under power purchase agreements, claims for breach of contract and warranty, shareholder dissolution claims, insurance agency E&O claims, aidor and abettor liability, and other complex business torts. Bill recently obtained an arbitration award in New Jersey for a client in excess of $2 million under a retail electricity supply agreement, where responsibility for regional transmission charges were in dispute.

Energy Litigation and Regulatory Matters

·        Verizon New England, Inc.:  Lead outside counsel in Maine Public Utility Commission proceeding approving $2.7 billion sale and merger of Verizon's landline telecommunications business with and into FairPoint Communications.

·        Energy Supply Contract Arbitration:  Represented industrial purchaser of electricity in contract dispute with supplier over responsibility for regional transmission charges.  Arbitrator reformed contract and awarded client over $2 million in damages and interest.

·        Calpine Corp. v. California Dept. of Water Resources:  Litigation counsel for California state agencies with respect to Calpine Corporation’s efforts to reject certain long-term energy contracts as part of its bankruptcy.  The District Court ruled in clients’ favor and ultimately Calpine withdrew its appeal of the District Court decision, and assumed the challenged long-term contract.

·        FPL Energy v. Central Maine Power Co.:  Represented Central Maine Power Company in its successful litigation (United States District Court, Southern District of New York) securing consummation of its $846 million asset sale to a reluctant buyer.

·       California Electricity Oversight Board v. Sellers of Energy (FERC Litigation):  Represented California agency interests in appeal to Ninth Circuit Court of Appeals from litigation before the Federal Energy Regulatory Commission seeking modification of long-term contracts totaling $43 billion entered into during the 2001 California energy crisis.

·       Central Maine Power Company Power Contract Litigation:  Lead counsel to largest electric utility in State on multiple litigation matters involving high-cost QF contracts with non-utility generators, including Benton Falls Associates v. Central Maine Power Company and Regional Waste Systems v. Central Maine Power Company.

Commercial Litigation

·       Napp v. Parks Camp, Ltd.:  Obtained summary judgment for defendant corporation in dissolution suit brought by minority shareholder of closely held family corporation alleging illegal conduct by majority shareholders.  Affirmed by Maine Law Court.

·       Guitard et al. v. Gorham Savings Bank:  Obtained summary judgment for defendant bank in class action brought by depositors seeking to compel distribution of several million dollars in reserve capital.

·        Boyle v. Fisher Engineering: Obtained summary judgment for manufacturer of snow removal equipment in suit brought by dealer-distributor alleging unfair trade practices and breach of dealer agreement.  Successfully obtained affirmance of judgment in subsequent appeal to the United States Court of Appeals.

·        Net2Press, Inc. v. Bowen:  Defended seller of commercial printing business in suit brought by purchaser alleging breach of warranty and misrepresentation.  Obtained judgment for client on plaintiff’s claims and client’s counterclaims after two-week jury trial.

·        Maurice v. State Farm Mutual Auto Insurance Co.:  Obtained summary judgment for insurer in declaratory judgment and breach of contract action challenging insurer’s other-owned vehicle exclusion in uninsured motorist coverage.  Successfully obtained affirmance of judgment in subsequent appeal to United States Court of Appeals.

·       Apgar Imaging Systems et al. v. Key Bank:  Defended national bank from claims including aiding and abetting a bank customer in the commission of payroll fraud against third parties, including other customers of the bank.

Honors and Distinctions

Bill is included in The Best Lawyers in America for Energy Law.

Professional Activities

An attorney with Pierce Atwood since 1996, Bill is a member of the American Bar Association, the Maine State Bar Association, the Cumberland County Bar Association, the Maine Trial Lawyers Association, the Energy Bar Association, and the Northeast Chapter of the Energy Bar Association, where he currently serves on its board of directors and holds the office of vice president.

Civic Activities

Bill participates in Pierce Atwood's CASA program, representing guardians ad litem in child protection matters.