We have assisted BlueTarp Financial Inc., a leading provider of credit and transaction information services to the building materials industry, with numerous rounds of capital raising, including a $15 million Series D Convertible Preferred Stock issuance led by Long Ridge Equity Partners and including existing investors Trinity Ventures, Highland Capital Partners and Flybridge Capital Partners. This was paired with an expansion of its senior secured working capital line of credit. We have also assisted BlueTarp with their related technology and retail financial regulatory needs.

In a dispute involving a 17-year business relationship between companies in the plastic film industry, firm attorneys prevailed at trial and on appeal in this breach-of-contract case. When a firm client suspected it was being shortchanged by its materials supplier, the future of their small family business was at stake. Pierce Atwood stepped in and helped convince a jury in Rhode Island federal court to award $2 million in lost profits to our client and ensure that the 17-year contract would remain in force. The award and the contract helped ensure the future of this small business.

In a property tax refund case filed on behalf of the largest hotel in Rhode Island, we obtained a judgment for $2.44 million, plus interest, in December 2017 following a trial. The judgment represented the amount of excess property taxes paid by the hotel during 2013-2015 as a result of an inflated assessment of the hotel’s value.

We assisted Sprague Operating Resources with the $22 million acquisition of the natural gas marketing and electricity brokerage business assets of Metromedia Gas & Power, Inc. and its subsidiaries.

On behalf of our client, the Markley Group, we successfully negotiated a $240 million syndicated bank financing package with TD Bank. Markley Group is New England's largest and longest operating multi-tenant, mission-critical telecommunications and data center facility.

We represented ND OTM LLC, a subsidiary of ND Paper, in a $30 million new markets tax credit financing that will be used to finance the restart of a pulp mill located in Old Town, Maine.  The mill was shuttered in 2015, and the restarting of the mill will result in approximately 130 new direct jobs, and hundreds of indirect jobs in the forest products industry. 

We secured a favorable resolution for technology corporation in a tax dispute with the Massachusetts Department of Revenue. The appeal was settled two weeks before trial, saving the client in excess of $30 million of assessed sales and use tax, interest, and penalties. The Department of Revenue’s assessment was a result of our client’s failure to document or demonstrate, during a multi-year audit, that tax had been paid or that the transactions at issue were tax exempt. Working with the client, we retrieved archived documentation, located in-house and third party witnesses, and leveraged strong relationships with department attorneys to achieve a successful outcome.

We successfully tried a NASDAQ-listed company's claims against an ASIC developer who had contracted to develop the client's next generation product. The 14 person jury returned a unanimous verdict in favor of our client for $36.7 million in damages, which is believed to be the largest verdict ever from a state court jury in Massachusetts. The jury also returned a verdict for the client rejecting the developer's approximately $7 million in counterclaims.

Pierce Atwood served as lead counsel to Casella Waste Systems in its $47 million acquisition of waste disposal assets in western Massachusetts and Albany, New York from publicly traded Republic Waste and its affiliates.

Represented New England Mountain Ventures, a Massachusetts private equity firm, in the acquisition out of bankruptcy of the Joe Jones Ski & Sport chain of seven retail stores for $5 million (Bankr. D. Me.).

We secured an arbitration award in excess of $5 million on behalf of a general contractor. The arbitration award was for a breach of contract/cumulative impact claim against the developer of a high end waterfront residential condominium project. The award exceeded the Guaranteed Maximum Price, as adjusted by change order.

Represented Tasman Industries, a family-owned leather producing and processing company headquartered in Louisville, KY, in the acquisition out of bankruptcy of leather tanning facilities and business in Hartland, Maine from Prime Tanning for $6.2 million (Bankr. D. Me.).

Pierce Atwood attorney Gareth Orsmond played a leading role as part of a team that secured a waterways license for Cronin Holding’s 150 Seaport Boulevard project, a 250-foot tall, 22-story mixed use development in Boston’s Innovation District.  Gareth defended Cronin in multiple lawsuits brought by the Conservation Law Foundation and worked with former Massachusetts Governor William Weld to reach a settlement. The project, built around an iconic building designed by Elkus Manfredi, broke ground in 2018. The project plan was designed to incorporate significant public benefits, including 46 units of deeply subsidized senior housing and long-term funding to provide waterfront and Boston Harbor experiences to disadvantaged children from the City of Boston.

Defended a residential owner against a claim brought by the general contractor following a renovation project of a historic, high-end residence.  Represented the owner though a multi-week arbitration involving over 200 change order requests and an audit of the costs incurred for the guaranteed maximum price (GMP) contract.

John Bulman has been appointed sole arbitrator in an AAA large complex case dispute relating to the engineering, design, procurement and construction of a power plant in the Eastern U.S.

Obtained full abatement at the administrative appeal level in Maine for telecommunications services provider of income tax assessment resulting from inclusion in tax base of dividends from a non-unitary partnership.

We represent an accountable care organization (ACO) in connection with a care management service line agreement with a hospital.

Represented Artemis Growth Partners, a private equity fund investing in the cannabis industry, on the acquisition of Bridge Farm Group, a UK producer of ornamental plants, flowers and herbs, from publicly traded Canadian cannabis producer Sundial Growers, Inc.

Pierce Atwood represented Great Bay Renewables in connection with its acquisition of an existing royalty agreement on a portion of an operating wind project from Apex Clean Energy for $18 million. The project, which achieved commercial operations in September 2022, is an approximately 1 GW wind project located in Hansford County, Texas owned and operated by a top-tier renewables owner-operator.

Represented Brascan Corporation/Great Lakes Hydro America (publicly traded real estate and power generation company headquartered in Toronto) in the acquisition out of bankruptcy of paper mills in Maine from Great Northern Paper Company. $140 Million Acquisition of Paper Mills (Bankruptcy District of Maine)