We successfully compelled arbitration and then defended our client against a former executive’s multi-count claims that his termination violated the Massachusetts Wage Act and breached implied contractual duties. During the arbitral hearing, our attorneys prevailed on three of the executive’s four claims and succeeded in limiting the damages on his sole successful claim to a negligible amount. We then defeated the executive’s motion asking a court to vacate the arbitrator’s decision. We also succeeded in persuading the MCAD to dismiss his age discrimination claim with a finding of no reasonable grounds.

We serve as outside general counsel to Bates College, providing advice to the Board of Trustees and Administration on issues relating to risk, Title IX compliance, student discipline, student accommodations, other academic and student affairs matters, employment, immigration, intellectual property, and other matters. We have also advised Bates on construction-related matters including contract review and resolution of claims.

In an important victory for our client, Resource Real Estate (RRE), and for Maine landlords generally, the Maine Law Court reaffirmed that Section 8 is a voluntary program and that landlords do not engage in housing discrimination when they decline to participate in Section 8 for non-discriminatory, business reasons.

Successfully defeated demand for enforcement of non-compete agreement for a client in the food industry.

We obtained a defense verdict for Genesis Healthcare in a whistleblower case in Maine state court, in which the plaintiff, a registered nurse, alleged that she was terminated because she complained about what she claimed was an inadequate orientation that put patients at risk.

Conducted due diligence regarding employment matters in connection with purchase of medical supply company.

Provide general employment advice and counsel to Unified Parking Partners, a Portland, Maine-based full service parking management company servicing all of New England.

Drafted and negotiated an employment agreement for the new president of a large nonprofit organization in Massachusetts.

Lead counsel in obtaining dismissal of employment claims against hotel operator in U.S. District Court in Boston.

Obtained dismissal of employment discrimination claims against a hotel management company.

General counsel for JAG Productions, Vermont’s first black theatre company.

Pierce Atwood represented a large employer in extended negotiations with a newly installed labor union, and, as a result of our negotiation strategy, achieved the rare outcome of getting the union to walk away from our client’s workplace.

Maine Beer Co. has grown from a small “nano” brewery producing 100 barrels of beer a year to a thriving microbrewery producing over 4000 barrels a year. To support the surge in production they expanded their staff from two to 12 full-time people and moved into a brand new 11,000 square foot production facility. As the company has grown so have its legal needs and Pierce Atwood has been there to help.

Assist seafood processing companies with non-disclosure and non-compete agreements, and other general contractual and transactional matters.

Performed a pay equity audit for a prominent private college in Massachusetts.

Resolved a wage and hour case before the Connecticut Department of Labor for a fraction of the initial penalty and back pay award.

On behalf of a manufacturing client, we resolved a drug testing complaint before the Maine Department of Labor with no penalty.

We convinced the Maine Department of Labor (MDOL) to reverse its finding that our client had misclassified its workers by treating them as independent contractors rather than employees. After filing an appeal of the original decision, we were able to persuade the MDOL that it did not have sufficient grounds on the facts or the law to prevail at a hearing before the Unemployment Insurance Commission.

On behalf of our client Iberdrola Energy Projects, Inc., we successfully negotiated a project labor agreement (PLA) with more than 24 trade unions for the construction of a $750 million combined-cycle gas turbine (CCGT) electric generating power plant in Salem, Massachusetts. This challenging project was made more complex by months of unanticipated delays relating to environmental permitting and financing issues. Nevertheless, construction commenced in April 2015, and when complete the new CCGT plan will supply electricity to more than 600,000 homes while lowering regional greenhouse gas emissions.

For a regional bank, we conducted sexual harassment training for all employees and managers in Maine and Massachusetts. 

Successfully defended a race discrimination complaint before the Massachusetts Commission Against Discrimination (MCAD) for food industry client.

We successfully defended a private higher education institution on breach of contract claims brought by tenured faculty members in connection with a program closure.

In Beth Carnicella v. Mercy Hospital, we obtained summary judgment for our client, Mercy Hospital, in connection with a lawsuit filed by a former employee who alleged that Mercy failed to provide her with reasonable accommodation. The plaintiff appealed the trial court’s ruling in our client’s favor to the Law Court, which affirmed, concluding a jury could not find Mercy liable for disability discrimination.

On behalf on an independent day school in Massachusetts, negotiated and prepared vendor contract with a company providing residential housing arrangements for international students.

Representation of Verso Corporation in antitrust and employment litigation arising out of the closure and sale of Verso's paper mill in Bucksport, Maine.