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)

We represented the Town of East Millinocket, Maine in its acquisition of the East Millinocket mill, the former Great Northern Paper Co. LLC mill site. The acquisition was the culmination of over a year and half of work by town leaders and a variety of agencies to buy the property.

Assisted with the acquisition of ownership interest in telemedicine company that provides multistate second opinion services.

Assistance and counsel on acquisition and development of new groundwater sources.

During Maine’s 2015 legislative session, our government relations attorneys helped to pass various new laws to help advance the interests of our clients. We helped pass laws such as a sales tax exemption on fuel purchased for large scale greenhouses, student privacy protection, and grandfathering the approval of certain stormwater systems when expansions are proposed.

We assisted Advantage Capital Partners in organizing and establishing a NMTC-based pooled loan fund under the federal and State of Maine new markets tax credit programs. Through the pooled loan, Advantage increased its investment power and positioned itself to help more business grow. We assisted with the subsequent $10 million debt, convertible debt, and equity investment in a veterinary pharmaceutical company. We also assisted with a $27 million investment in a manufacturer producing merchandise displays systems.

Provided advice to client regarding the Massachusetts Permit Extension Act.

Advise major Northeast provider of fuel oil and propane in connection with trade association activities, including data exchanges.

Our SALT team obtained an advisory ruling from Maine Revenue Services for an information services company that further clarified when subscriptions for services that include digitally transmitted publications will be subject to Maine sales or use tax.

On behalf of Atlantic Gardens, LLC, we closed a deeply-subsidized eight-building, 32-unit affordable housing deal in Quincy, Massachusetts. The transaction required several loans and grants – both public and private – in exchange for long-term affordable housing restrictions. The City of Quincy put nearly $2 million of its affordable housing trust funds into the project.

Advising Encino Acquisition Partners (Encino Energy) on agreements for the sale and transportation of Encino's natural gas for compliance with Federal Energy Regulatory Commission requirements. Encino acquired the Ohio Utica Shale assets of Chesapeake Energy.

Represented Maine Blueberry Commission in development of new pesticide application general permit for application adjacent to water bodies.

We advised a large independent oil and gas exploration and production company that will be an anchor shipper on a new regulated crude oil gathering pipeline in the Delaware Basin of Texas and New Mexico that will move crude oil from the basin to larger trunk pipelines and on to Cushing, Oklahoma and other points.  We assisted in the negotiation of a letter of intent, a transportation service agreement including benefits for anchor shippers that will require approval by the Federal Energy Regulatory Commission’s (“FERC”) in a petition for declaratory order, tariff provisions, storage agreements, and other contracts.  We also advised the client on timing and options for dealing with FERC’s current lack of a quorum, which limits the agency’s ability to issue the requisite declaratory order.  In addition, we reviewed and assisted in the negotiation of downstream transportation agreements.

We helped Massachusetts and California based Advanced Cell Technology grow from an angel-backed start-up through several venture rounds and ultimately to a publicly traded platform. Advanced Cell Technology is one of the world’s leading companies commercializing stem cell cloning technologies. We helped Advanced Cell with multiple rounds of private and ultimately public capital raising, numerous joint ventures, technology transfer arrangements, licensing transactions, and management of their intellectual property assets.

Represented Anthem Insurance Companies, Inc. in its $102.5 million acquisition of Blue Cross and Blue Shield of Maine.

Advise prominent consumer goods manufacturer regarding antitrust compliance in connection with its distribution relationships and retail strategies, including the implementation of a minimum advertised price policy.

Advise Maine-based agricultural company with respect to antitrust compliance issues in connection with supplier and distributor relationships, including antitrust compliance training to sales staff.

Representation of non-profit public interest organization in connection with antitrust implications of national and state health care cost transparency efforts.

Representation of leading manufacturer of sports equipment and apparel in connection with price maintenance and price discrimination matters and other antitrust implications of its retail strategy.

Pierce Atwood won an insurance coverage appeal to the Massachusetts Appeals Court for our client, an insured food processing company. The appeal turned on the issue of whether an unexplained cause of damage to property constitutes an “occurrence” under a commercial general liability (CGL) insurance policy. The appeals court reversed summary judgment that the trial court entered in favor of the insurer, and remanded the matter to the trial court for further proceedings. The decision is significant because it is the first in the country where the court ruled that an insured’s liability based on application of the res ipsa loquitur doctrine could be sufficient to establish an “occurrence” under a CGL policy, despite not knowing the actual cause of damage. This is an important decision that is extremely beneficial to policy holders.

Pierce Atwood represents project developer Plus Power in connection with the financing, land use, environmental mitigation and siting of a 150 MW / 300 MWh battery storage facility in Carver, Massachusetts. Cranberry Point Energy Storage is the largest battery storage project under construction in Massachusetts.

We represent the project developer before the Massachusetts Department of Public Utilities and the Massachusetts Environmental Policy Act Office (MEPA) for approval to construct and operate a 250 MW lithium-ion battery facility and a 345 kV transmission line.

Represented US entity in distributorship dispute with UK company and its US sales and marketing subsidiary.  The matter was administered by ICDR and arbitrated in Rhode Island. Issues concerned reaching the correct respondent (which had approximately 13 related companies).  Received award for 100% of damages, plus attorney’s fees under Rhode Island statute, plus interest, and had the correct respondent liable for the award.  The matter is now in collection in the UK, which administers such awards under the New York Convention.

John Bulman has been appointed to chair an arbitration panel regarding a large complex dispute involving development of a new petrochemical plant.

Represented one of two partners in partnership dispute pertaining to operation of P&C personal lines insurance agency.  Ultimately we secured an agreement to arbitrate the dispute, addressing liability and then issues of valuation for a divorce between the partners.  Secured findings in favor of our client and very successful award of damages (high six figures) for his interest in the agency.

John Bulman is serving as an arbitrator in a matter relating to the construction of a natural gas-fueled combined-cycle generating facility in New England.

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.

John Bulman has been appointed the sole arbitrator in a large complex construction dispute involving a multi-unit residential condominium development project located in suburban Boston.

When a Pierce Atwood client became concerned about collecting payment for fuel delivered to a troubled cruise ship/ferry owner trading between Maine and Nova Scotia, Pierce Atwood came up with a strategy for intervening in the case to assert a maritime lien based on a newly developed line of maritime case law – and within a week, the vessel owner settled the claim for nearly the full amount due.

We have been retained by an independent electricity transmission company to help them develop an energy storage business plan, evaluate battery vendors, prepare vendor contracts, and assist with applicable regulatory approvals and permits.

Our lawyers counsel clients on website and digital accessibility issues under the Americans with Disabilities Act (ADA), Twenty-First Century Communications and Video Accessibility Act (CVAA), and similar federal and state laws and regulations, and represent clients in the defense of related class actions. Our litigators have represented defendant companies in direct-to-consumer and retail industries in website accessibility lawsuits in the United States District Courts for the Eastern and Southern Districts of New York.

Representation of a NASDAQ-listed issuer in a $10 million at-the-market public offering.

Representation of Athens Energy and its sister company, Maine Woods Pellet Company, in connection with all aspects of the financing of a $38 million biomass electricity generation facility, including $31 million of new markets tax credit financing ($31 million of State of Maine allocation and $7.5 million of federal allocation) and the syndication of renewable energy investment tax credits (ITC).

Represented a construction manager seeking payment for labor and materials (plus profit) provided to a luxury condominium developer, prior to termination. Required to prove that the termination was for convenience and then to prove damages, which was challenging due to the manner in which financial records were maintained.  The developer offered nothing to settle until first day of hearings, when he offered slightly less than $1 million.  Ultimately an award was issued providing for payment to construction manager of slightly more than $5 million, representing almost a 100% recovery plus interest.

Represented the developer of limited service hotel in dispute with construction manager, leading to construction manager’s termination of the contract, arguing material breaches by the developer. The matter went through mediation and then arbitration with award being issued in favor of developer for cover. The proceeding also involved peripheral disputes with various trades who had liens on the project.

Represented “parts and smarts” subcontractor in dispute with 2d tier subcontractor in construction of major retail shopping mall.  The 2d tier subcontractor claimed $1 million plus in impact damages arising out of project acceleration and also claimed damages owing to alleged latent ambiguity in plans. Won an award finding no liability.

Pierce Atwood participated in Backyard Farms’ transition to the Mastronardi Family. As a wholly-owned affiliate of Mastronardi Produce, Ltd., Backyard Farms will continue to grow its operations and maintain its successful recipe for producing high-quality greenhouse-grown tomatoes while providing excellent employment opportunities for Mainers.

Pierce Atwood acted as lead lender’s counsel to Bank of New England in connection with a $30.9 million loan transaction for the construction a 107,000-square-foot cold storage facility at 40 West Commercial Street in Portland, Maine. We also provided construction and zoning advice.

Pierce Atwood represents a large national bank in an overdraft fee MDL pending in the District of South Carolina.  During the course of the representation, we obtained dismissal of plaintiffs’ claims based on the bank’s past practice of ordering debits from high to low, and of usury claims based on the bank’s assessment of additional fees after a customer’s checking account continues to have a negative balance ten business days after the initial overdraft.  In addition, we successfully opposed plaintiffs’ motion to certify a class seeking actual damages for alleged violation of the Electronic Funds Transfer Act. 

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.

Pierce Atwood serves as lead transactional and environmental counsel for a leading U.S. operator and developer of stand-alone, utility-scale battery energy storage systems, in connection with a proposed 700±-MW battery energy storage system in Everett, Massachusetts. When completed, the proposed storage facility will be one of the largest in Massachusetts and will occupy a critical, urban location given its proximity to the Mystic substation. Pierce Atwood also leads aspects of the complex, state environmental permitting efforts, including, but not limited to, permitting under the Massachusetts Public Waterfront Act, known as Chapter 91, and the Massachusetts Environmental Policy Act.

Obtained for BBC Worldwide Ltd. relief from the automatic stay to permit prosecution of proceedings in High Court in England to aid in defense of litigation commenced in Maine Superior Court and removed to Bankruptcy Court. Beeload Limited Chapter 11 (Bankr. D. Me.).

Represented biomass facilities in regulatory challenge to allocation of REC credits in Rhode Island.

Represented a boatyard with response to an information request from the EPA filed under the Clean Water Act regarding compliance with Maine Multi-Sector General Permit for Industrial Activities.

Pierce Atwood represented Great Bay Renewables, LLC, in connection with a $40 million secured term loan facility to Great Bay’s development partner, Nova Clean Energy, LLC. This follow-on transaction comes two years after Great Bay’s initial investment into Nova and its parent company Bluestar Energy Capital in May 2022. Since that time, Nova has built an extensive pipeline of 25 wind, solar and battery storage projects totaling approximately 6.5 GW.

We helped our client Bristol Seafood, a Portland based seafood processor and distributor, to raise equity capital from two new investors. The investment involved common and preferred instruments and resulted in a substantial minority stake being sold. Bristol Seafood’s incumbent management team remains in place and they will now be able to significantly expand operations. One of Bristol Seafood’s new investors is David Roux, formerly of Lewiston, Maine, who is a partner in the noted private equity firm Silver Lake Partners.

Pierce Atwood has been working with Brown University to develop construction contracts for a number of capital projects using the innovative Integrated Project Delivery (IPD) approach to project delivery.  Among the projects Brown has successfully completed using IPD is the new, $90 million School of Engineering building and renovations project.  Brown is currently delivering several projects using IPD, including the much anticipated Performing Arts Center project. Brown University has taken a leading position in the New England region in recognizing the potential benefits of, and implementing, this new and exciting approach to project delivery.

Pierce Atwood advised BTU International, a publicly traded global supplier of thermal processing equipment, in a stock for stock, tax-free merger with Amtech (NASDAQ: ASYS), a global supplier of production and automation systems.

For a Fortune 1000 company, we successfully negotiated a build to suit lease amendment for a 246,000 square foot corporate headquarters including federal and state registration and development of 140 lot residential subdivision.

We served as lead counsel for a top-ten North American bank in connection with acquisitions of mission critical information systems involving the exchange of highly regulated personal information.

Pierce Atwood has supported client Alloy Market Inc. on a range of legal issues as it has grown from an idea to multimillion-dollar business with a national footprint. An online platform where individuals can sell their gold and jewelry, Alloy’s vision is to revolutionize the gold exchange industry with a tech-first solution.

We advised Burgess Biopower on all aspects of financing the redevelopment of a shuttered paper mill into a state-of-the-art 75 MW biomass power plant located in Berlin, New Hampshire, which will burn waste biomass and sell power to the grid. The financing involved several sources of funds, including $63.5 million of new markets tax credit financing with allocation from six CDEs. The project also involved a $90 million section 1603 cash grant in lieu of an investment tax credit or production tax credits. The balance of the project was financed by $200 million of rated bonds provided by a consortium of financial institutions. We also advised with respect to EPC agreement, off-take power purchase agreement with PSNH and all project related agreements.

Designed, drafted and lobbied on behalf of manufacturers and other industrial clients a business property tax reimbursement program providing full reimbursement for most business equipment ("BETR"), and subsequently a property tax exemption for business equipment ("BETE"). Worked to achieve annual funding of these programs.

Represented the California Department of Water Resources in its efforts to recover overcharges resulting from the 2000-2001 western energy crisis, including in bankruptcy settlements with Chapter 11 debtors Mirant Corporation (N.D. Tex.), Enron Corporation (S.D.N.Y.) and NEGT (D. Md.), resulting in allowed secured and unsecured claims totaling in excess of $2.4 billion.Bankruptcy District of Maryland, Northern District of Texas and Southern District of New York

Pierce Atwood acted as real estate and environmental permitting counsel for Calpine Corporation in its $530 million acquisition of the 809 MW Fore River Generating Station in North Weymouth, Massachusetts from Exelon Corporation in 2014. Pierce Atwood attorneys from the Real Estate, Energy, Environmental and State and Local Tax practice groups worked seamlessly to analyze and resolve the many complex land use, tax, and environmental issues. The initial bid preparation through purchase agreement negotiation was accomplished in 15 weeks. Our work included analysis and management of complex tidelands, former coal ash disposal, dual fuel delivery requirement, and management of active MassHighway bridge relocation through the center of project site.

Firm client Calpine Corporation has acquired Granite Ridge Energy Center, a natural gas-fired, combined cycle plant in Londonderry, NH from Granite Ridge Holdings for $500 million. The plant provides about 2,000 MW of clean, flexible, and reliable energy to the region.

Pierce Atwood represented Cambridge Trust Company in closing on its $110 million commitment to the Massachusetts Housing Partnership (MHP). MHP will use the funds to finance multifamily rental housing, with a focus on supporting low- and moderate-income households and nonprofit developers in the communities that Cambridge Trust serves. MHP estimates that the bank’s new initiative will help finance the construction of 1,400 rental apartments over the next 10 years.

We achieved complete cancellation of a Maine income tax assessment against our nonresident client who was claimed to have been domiciled in Maine.

Pierce Atwood represented Great Bay Renewables in the provision of capital to support interconnection deposits for multiple renewable energy developers for projects in the Midcontinent Independent System Operator (MISO) 2022 interconnection cycle.

Engaged by car rental agency to assist in connection with negotiation of a vendor Payment Processing Agreement.

Represented Casella Waste Systems in connection with the acquisition of waste hauling and handling company, Oceanside Rubbish, Inc., based in Sanford, Maine.

Pierce Atwood represented Casella Waste Systems in the acquisition of Complete Disposal Company, Inc. and its subsidiary, United Material Management of Holyoke, Inc., owner and operator of a solid waste transfer station in Holyoke, Massachusetts.

Represented Casella Waste Systems, Inc. in connection with the acquisition of waste hauling company Central Maine Disposal Corporation based in Fairfield, Maine.

Represented Cate Street Capital, Inc. in connection with acquisition, disposition, and financing of their portfolio of companies, including private placements, structured finance, tax advantaged finance, and traditional M&A activity. The Cate Street portfolio includes Red Desert (water reclamation facility); Sunlight Partners (solar technology development); Thermogen Industries (biocoal manufacturing); Purified Plastics (recycling and manufacturing facility); Burgess Biopower (75 MW renewable power generation facility) and Organic Nutrition Industries (renewable proteins).

Served as chair of arbitration panel addressing claims by public owner against Design Builder of waste-to-energy generating equipment.  Following issuance of award against Design Builder, at the request of the Design Builder, successfully mediated a resolution in a follow-up dispute with its vendors/subcontractors and consultants.

Pierce Atwood represented Portland Pipe Line Corp. in legislative opposition to, and in litigation challenging, an ordinance that prevents the use of its pipeline for transporting certain types of crude oil from Canada to tankers in Portland Harbor. Portland Pipe Line Corp. withdrew the lawsuit in July 2021.

For the forest products industry, and especially for paper mills, Pierce Atwood’s environmental attorneys have addressed chemical safety and products regulation issues under a range of federal and state laws, including packaging laws. Among the requirements the firm has advised on are those under the Toxic Substances Control Act, pesticide laws, OSHA information and safety standards, the Federal Trade Commission’s “Green Advertising” guidance, and California’s Proposition 65. Among other related matters, we have advised clients on manufacture, storage requirements, shipping and transportation in interstate and international commerce, labeling and advertising, and multistate product recalls.

We obtained dismissal of a complaint filed by US Immigration and Customs Enforcement (ICE) alleging that our client, Cherryfield Foods, failed to comply with I-9 requirements making it illegal for an employer to hire an individual for employment in the United States unless the employer has complied with rules relating to verification of employment authorization and recordkeeping. Count I alleged there were 147 Cherryfield employees with I-9s containing substantive paperwork violations. Count II alleged there were 160 employees for whom Cherryfield failed to produce and/or never prepared an I-9. The complaint sought a total proposed civil penalty in the aggregate amounting to over $330,000. In response to the complaint, we filed a motion to dismiss, accompanied by substantial supporting documentation, arguing that Count I should be dismissed because ICE conducted the inspection in a manner that effectively precluded Cherryfield from correcting technical paperwork violations and completely disregarded its own internal guidelines, and that Count II should be dismissed because the employees identified in Count II were hired before 2006 and after 2007, or were grandfathered under the statute, and Cherryfield did not provide I-9s for the vast majority of these employees only because the ICE I-9 inspection request was limited to I-9s for 2006-2007. In response to our motion, ICE moved to dismiss the complaint and its motion was granted, relieving Cherryfield completely from any liability for the proposed penalties.

Pierce Atwood represented City National Bank as a participating lender in connection with a $762 million syndicated revolving loan facility to an auto dealer, including an additional $25 million senior secured note financing and a $25 million subordinated note financing. 

Delphi Corporation and Lear Corporation (Bankr. S.D.N.Y.). Lead counsel for a multi-national Tier 2 auto parts supplier in making contested reclamation, section 503(b)(9), unsecured and administrative claims against Chapter 11 Tier 1 auto parts suppliers Delphi Corporation and Lear Corporation, successfully negotiating a consensual resolution of all claims, including a trade agreement with Lear Corporation that resulted in payment in full of all pre and post-petition claims of client.

In a case that should be of interest to manufacturers and distributors, and especially to suppliers of building products, Pierce Atwood’s class action defense team defeated class certification in a building products case in the District of Massachusetts. Plaintiffs alleged defective design and manufacture of decking sold by our client. After extensive fact and expert discovery, Plaintiffs filed a motion for class certification, and a hearing was held. On September 21, 2015, District Judge Denise Casper issued her decision denying Plaintiffs’ motion, ruling that individualized issues of causation and injury precluded findings of commonality, typicality and adequacy under Federal Rule of Civil Procedure 23(a). The judge based her ruling, in part, on evidence that only a small percentage of purchasers had reported problems with the decking, and that almost all of the warranty claims those purchasers submitted had been honored.

With our partners from Central and Eastern Europe, our Energy attorneys are leading a legal review of sector policies addressing climate change and promoting the transition to low carbon economies.

Pierce Atwood represented CEI-Boulos Capital Management in connection with the formation and closing of the NBT CEI-Boulos Impact Fund, a $10 million real estate equity investment fund with NBT Bank. CEI-Boulos Capital Management will manage the fund, and Pierce Atwood will continue to advise the fund with respect to its investment activities.

Representing Central Maine Power Company and Unitil Energy Systems, Inc. with respect to claims arising under various executory contracts, including pole ownership, maintenance and rental agreements. Successfully resolved plan confirmation objections in favor of our clients, resulting in preservation of ongoing, post-bankruptcy indemnification obligations of the debtors under their executory contracts with CMP and Unitil. FairPoint Communications, Inc. Chapter 11 (Bankr. S.D.N.Y.)

We successfully defended Central Maine Power Company’s standards for planning local transmission systems before the Maine Public Utilities Commission (PUC). In a year-long investigation into the appropriate standards for Maine’s electric utilities to use in planning their local transmission systems, we defended the standards that CMP has historically followed. The PUC Staff rejected most of CMP’s planning standards as unreasonable, but the Commission largely rejected the Staff’s view and affirmed that CMP’s planning standards reflect good utility practice, are reasonable and will help ensure that CMP’s customers have a safe and reliable transmission system. CMP is pleased with this outcome as it vindicates the Company’s position and will hopefully bring certainty to the planning of future transmission projects in Maine.

We provided comprehensive representation of a renewable energy facilities developer in a series of tax exempt bond financings, a preferred stock and warrants PIPE, a private placement of common stock and five underwritten public offerings of common stock and convertible debt.

Represented a community-based wind farm in obtaining state regulatory approval for a long-term electricity contract.

Engaged by local bank to prepare memorandum comparing Maine and New Hampshire law with respect to certain specified commercial loan provisions.

Representation of frozen food producer in connection with various antitrust issues involving competitor collaborations and dealings in the distribution chain, including pricing policies.

Our Trusts & Estates attorneys produced a complicated prenuptial agreement with just a few weeks’ notice and in the midst of the holiday season. We worked quickly to ensure our client could celebrate a New Year’s Eve wedding knowing her legal affairs were in order.

We negotiated with a utility to ensure that our client’s compressed air technology could operate on the system.

We represented an energy provider in a commercial agreement to sell compressed natural gas (CNG) to commercial customers and a related $6 million convertible preferred equity investment in the CNG supplier.

We are assisting a computer forensics firm in a complicated and lengthy electronic data recovery effort. The client comments that they have never encountered a legal team with as much knowledge about electronic data retrieval and processing that is also organized, friendly and easy to work with.

We have served as outside immigration counsel for MaineGeneral Health and its affiliates for more than 20 years.  MaineGeneral Health and its affiliates form Maine's third-largest health care system and the largest health care system in central Maine. We have designed and implemented a broad range of immigration strategies on behalf of MaineGeneral Health and its physicians, including Conrad 30 waiver applications, H-1Bs, O-1s, and employment-based green cards.

We worked with one of the 15 largest national banks in the U.S. to integrate numerous legacy agreements from acquired or merged institutions, and draft new, consolidated commercial cash management services agreements representing more than 20 different cash management product and service offerings.

Pierce Atwood represented Consolidated Communications Holdings, Inc. in obtaining approval from the Maine Public Utilities Commission of Consolidated’s acquisition of FairPoint Communications, Inc.  The all-stock transaction was valued at approximately $1.3 billion including debt and based on present equity value. 

Pierce Atwood attorneys represent developers of hotel projects.  Our construction attorneys drafted and negotiated contracts with the architects using the AIA B101-2017 forms, with contractors using the AIA A101-2017 / A201-2017 forms, and with construction managers using AIA A133-2009 forms.  

Negotiated a construction management contract on behalf of an owner of an animal hospital in Rhode Island.  Used the AIA A133-2009 contract document and customized the contract to provide that the construction manager was performing design build services for the mechanical, electrical, and plumbing (MEP) scope of work.  Post-completion, assisted the owner in remedial work required due to performance issues with the mechanical systems.

John Bulman has been asked to serve as an arbitrator in a consumer dispute based on the Fair Debt Collection Practices Act regarding alleged violations of the Telephone Consumer Protection Act and breach of contract.

We negotiated the contract between our client Brown University and Ecosystem, the contractor, for a Thermal Efficiency Project that Brown is undertaking. The plan involves converting the university’s existing high-temperature hot water system to modern, highly efficient, lower-temperature hot water.

Represented investor in all aspects of converting a defunct paper mill into a biomass facility, including development, financing, power sale, fuel purchase, and renewable energy credits.

We have been engaged to represent Ocean Renewable Power Company, LLC in connection with its conversion into a corporation and a subsequent Series A financing.

We have advised the Council on International Educational Exchange (CIEE) in relation to their student study or work abroad programs, and on employment matters.

We provided counsel to a venture capital fund in its investments in various entities including a developer of demand chain management software, a developer of clinical billing and practice management software and a developer of wind energy facilities.

The United States Court of Appeals for the DC Circuit vacated FERC's decision to withhold over-collections payments from our clients. Agreeing with seven firm clients, the court found that FERC's directive that PJM recoup over $37 million in previously ordered refunds associated with transmission line loss overpayments was arbitrary and capricious. We argued that, because financial market participants pay transmission line loss charges, and for the period at issue also paid for the transmission system through the payment of transmission charges, they were entitled to a fair share of the over-collections paid back to all other participants. The court agreed and found unreasonable FERC's decision to deny an allocation to financial participants while they were paying transmission charges and also challenged FERC's decision to first order such payments and then almost two years later change its mind and seek to claw back the refund amounts. The Court remanded to FERC for reconsideration and explanation. Black Oak Energy, LLC v. FERC, No. 08-1386 (Aug. 6, 2013). The remand also led PJM to agree to a stay of Delaware state court proceedings initiated by PJM to collect the amounts from the three of the marketers.

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.

Pierce Atwood represents CEI-Boulos Capital Management, LLC, in all aspects of its opportunity fund management business. This includes the creation of a $20 million private real estate investment fund in partnership with Woodforest National Bank. CEI-Boulos Capital Management manages the fund, which is investing in real estate projects in areas designated as Qualified Opportunity Zones across Woodforest's 17-state footprint. The Opportunity Zone program is a new community investment tool established by Congress to encourage long-term investments in low-income urban and rural communities nationwide. The fund was recognized by Forbes as part of the Forbes OZ 20: Top Opportunity Zone Catalysts.

Our client, Maine Medical Partners, an affiliate of MaineHealth, identified a talented Pediatric Surgeon completing a term as Chief Resident in Pediatric General Surgery at the University of New Brunswick in Vancouver. The candidate was immediately eligible for licensure, but because she had completed both her medical education and residency in Canada, she was unable to proceed with an H-1B immigration strategy unless she completed all 3 steps of the United States Medical Licensing Exam, something which served no real professional purpose and which, with her very busy schedule as a Chief Resident and Pediatric Surgeon, she would prefer to avoid. We recommended and obtained O-1 "extraordinary worker" status for the physician, allowing her to avoid taking an otherwise unnecessary USMLE exam, and placing her in a position to begin her work at the earliest possible date providing critical pediatric surgical care within Maine's largest healthcare network, serving as a primary resource for The Barbara Bush Children's Hospital at Maine Medical Center, the leading provider of surgical care for children in Maine, southern New Hampshire and southern Vermont.

Assisting Troy Scarbrough, founder of CropLocal, Inc., in setting up his S corporation. CropLocal is a virtual farmers marketplace connecting local farmers to local consumers.

We are working with Central Asia on creation of regional electricity and gas markets to encourage coordination of cross-border interconnection investments.

Represented Cumberland Gulf and others in rulemaking proceedings before the Maine Public Utilities Commission.

We are assisting Via Science to provide reliability services for grid operators by collecting and analyzing data.

Assisted Dead River Company in connection with the acquisition of the heating oil, propane and service business of Fortier & Son, Inc., located in Somersworth, New Hampshire.

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

Represented several aircraft owners in defeating use tax assessments against aircraft. Succesfully advocated for new sales and use tax exemptions for aircraft and aircraft parts.

Defend against allegations of air releases and groundwater contamination from various types of currently-operating and former manufacturing facilities. For example, represented a former owner of hazardous substance site against CERCLA cost recovery, RCRA claims, and common law toxic tort claims arising from state demands for remediation of coal tar at former Manufactured Gas Plant Site.

Defended a representative of Fidelity Investments in a deposition. 

Defense of a financial institution in U.S. District Court in Massachusetts in an employment action brought by former employees alleging deceptive employment practices.

Defended a gaming company in litigation over an alleged breach of a multi-million dollar royalty agreement.

Represented manufacturing company in administrative enforcement action brought by U.S. EPA alleging improper waste identification, waste management, lack of training, and improper storage of hazardous waste.

Anne Meade v. S.D. Warren, et al. 00-018, Somerset County Superior Court, Maine, Docket No. CV-00-018. Mass tort case (not a class action) arising from a “cancer cluster,” alleging damages for personal injuries and illnesses allegedly resulting, inter alia, from exposure to toxic or harmful chemicals disposed of, emitted, or released at or from the Central Maine Disposal Corporation Landfill in Fairfield, Maine.

The litigation attorneys in our Augusta office successfully defended a mechanical services company in connection with work done on a hydroelectric facility.

In re Quebecor World (USA), Inc. (S.D.N.Y.), successfully represented a defendant alleged to have received in excess of $7 million in preferential payments by the Litigation Trustee. Currently representing another defendant in the same case alleged to have received in excess of $10 million in preferential payments.

Defended individual against State of Maine criminal enforcement action for alleged illegal disposal and treatment of hazardous wastes.

Represented a major water pollution control authority in negotiating a successful resolution to a significant enforcement action brought by the State DEP and Attorney General’s office alleging violations of Maine’s solid waste and water pollution control laws.  The resolution involved use of a Supplemental Environmental Project rather than a monetary penalty. 

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.

Represented the owner of a new, state-of-the-art athletic facility in Massachusetts in the negotiation of a design-build contract.  Used the AIA A141-2014 Design Build Contract form as the basis of the agreement.  Assisted the client in the negotiation and execution of the Design-Build Amendment for the Project.

Represented a developer in Massachusetts who entered into a contract with a city to construct public and private improvements as part of a downtown revitalization project.  Utilized the ConsensusDocs 410 contract form for the contract between the developer and the city.  Used a multi-GMP Amendment process for the varying phases of the public and private work.  Drafted and negotiated the construction management agreement with the contractor using ConsensusDocs 500 form.  The project involved the use of modular construction building for the apartment complex.

Advised a Kentucky developer of solar PV projects in connection with new market tax credit opportunities, off take agreements, financing and tax credits.

On behalf of Beacon Power Corporation, one of our attorneys worked with ISOs/RTOs to develop tariffs for FERC’s approval that established a category of ancillary service providers for companies providing fast-responding Frequency Regulation. As a result of the implementation of these tariffs, flywheels and batteries were permitted to bid competitively for specific ancillary services.

We represent and advise landfill owners in the development of gas-to-energy sites where methane is extracted from the landfill and used to generate electricity.

We are assisting Ørsted (formerly DONG Energy), a Danish energy company and one of the world's leading developers of off-shore wind generation facilities, in connection with the development of off-shore wind generation and related facilities southwest of Martha’s Vineyard.

Represented approximately 25 Massachusetts municipalities on creation of a template for developing municipal separate storm sewer system (MS4) plans for compliance with federal stormwater rules.

Representing company in acquisition of brownfields real estate (site of former paper mill), water rights, fish egg import license, and all necessary land use and environmental permits and submerged land leases for construction and development of large land-based North Atlantic salmon farm on Penobscot Bay.

In a putative class action in Maine Superior Court filed on behalf of borrowers with mortgages allegedly discharged improperly by Bank of America, Pierce Atwood helped the bank obtain a voluntary dismissal of all claims in the face of the bank’s motion for summary judgment. Quebbeman v. Bank of America, N.A., Maine Superior Court No. BCD-CV-15-01 (Order dated November 9, 2015).

We successfully defended a major retailer in parallel federal multi-district and state level class actions after a data security breach resulted in exposure of electronic payment card data.

Obtained summary judgment for former vessel owner and aquaculture company, dismissing Jones Act and maintenance and cure claims.

Pierce Atwood successfully obtained the discharge of a mechanic’s lien asserted by a contractor on the basis that the retainage sought in the mechanic’s lien was performed beyond the statutory limitation period. 

Prevailed on summary judgment to obtain dismissal of privacy tort claims against a major supermarket.

On behalf of North America’s largest vinyl siding manufacturer, we recently obtained dismissal of breach of warranty and consumer protection claims in a putative nationwide class action filed in the Northern District of New York.  The court held that the four named plaintiffs’ claims were not subject to personal jurisdiction in New York, and based its decision in part on the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court.

We represented a check processing company and its debt collector affiliate in a series of putative class actions filed in California, Kansas, Maine, New York, and North Carolina, and consolidated in Multi-District Litigation in the District of Maine.  After obtaining dismissal of all of the lawsuits originally filed outside of Maine, we negotiated a favorable nationwide class action settlement for our client of all remaining claims.

John Bulman is currently sitting on a Dispute Review Board for a nuclear power plant construction project. Industry professionals are chosen to sit on Dispute Review Boards by the interested parties involved with a construction project for their experience, their independence, their commitment to the project, and their training as mediators and arbitrators. 

Red Shield Environmental Chapter 11 (Bankr. D. Me.). Represented Fort James Operating Company in settling disputes concerning the ongoing vitality of deeded use restrictions following the sale of assets and assignment of leases.

Represented developer Stephen Duprey in connection with the acquisition and financing of a mixed-use restoration project in Concord, New Hampshire, involving the former Eagle Hotel building and two neighboring buildings on Dixon Avenue with a total of nearly 100,000 square feet of space.  This project received $13 million in New Markets Tax Credit support.

The U.S. Agency for International Development has been working with representatives of the Libyan provisional government to restructure its electricity market to attract needed private investment. Although any recommended changes likely will not be implemented until the civil war ends, Pierce Atwood attorney Julia Weller has been asked to draft a new Electricity Market Law for Libya to introduce international best practices, establish a phased introduction of competition and create a new independent regulator. 

Working with our colleagues Mercados-AF we submitted two new laws to the Jamaican government. The consortium, Mercados-AF, was awarded two World Bank contracts to develop and implement new electricity and gas sector policies. We partnered with them to write two new energy acts. We wrote a framework for a new Electricity Act that will foster competition for new power plants on the island. We also developed the framework for a new Natural Gas Act that will govern the import, storage, sale, transmission, and distribution of natural gas – whether in the form of LNG, compressed natural gas, or locally discovered gas. The Ministry of Science, Technology, Energy and Mining of Jamaica is very pleased with the results of both projects.

Our attorneys took leading roles in the drafting of local admiralty rules for the Rhode Island Federal District Court. The Judges of the United States District Court for the District of Rhode Island approved the rules and they went into effect on January 15, 2013.

Pierce Atwood represented Ducktrap River of Maine, a leading producer of smoked salmon and seafood, in its purchase of a 50,000 square-foot property adjacent to its current Belfast location. Ducktrap’s existing 75,000 square-foot production facility is at full capacity. With the initial buildout of its new property, Ducktrap will be able to double its production capacity. Production at its new facility is expected to start in spring 2018.

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

We advised the Electricity and Cogeneration Regulatory Authority of Saudi Arabia (ECRA) on a variety of legal, regulatory and related issues arising from the decision of the King Abdullah City for Atomic and Renewable Energy (K.A.CARE) to introduce 54 GW of renewable energy and 18 GW of atomic energy into Saudi Arabia by 2032, in order to reduce the use of oil for power generation, including cogenerated desalination and water storage projects. We led an international team of consultants (A.S. Azzouni Consultants, Inc.; The Brattle Group; ICF International, NTE Solutions, LLC) on this project, with respect to a variety of legal, regulatory, and market issues including an international Comparison of Markets Study, assessment of the K.A.CARE targets, interconnection, transfer pricing and related grid and market operational issues; legal review and analysis of proposed amendments to the Electricity Law; nuclear, and health and safety licensing issues; and institutional organization, structure, and authority of the regulator.

Represent the largest egg farm in northern New England on all environmental issues at multiple farm sites.

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.

The Hammer Corporation Chapter 11 (Bankr. D.N.H.). Obtained relief from the automatic stay, enabling Park National Bank, as a secured creditor with claims in excess of $1.4 million, to foreclose its mortgage on commercial property located in Nashua, New Hampshire.

On behalf of the European Bank for Reconstruction and Development, we headed a team of legal and technical experts in assessing the legal and regulatory framework for energy efficiency in the industrial sector of Kazakhstan, surveying the energy use of the biggest energy consumers, identifying international best practices benchmarks for energy consumption, and performing a benchmarking of the leading industrial companies in Kazakhstan.

We represent energy companies in all types of enforcement proceedings before FERC—from investigations to trials. We also routinely provide audit and regulatory compliance training.

Represented ENPRO on various aspects of commercial hazardous waste storage facilities, and also arranged financial assurance for several hazardous waste storage facilities in New England.

Pierce Atwood represented a developer in the negotiation of an Engineering, Procurement, and Construction (EPC) contract for a solar project.  Assisted with the drafting of negotiated performance liquidated damages and compensation limitations if the performance criteria is not achieved.

As counsel to the Maine Principals’ Association, firm partner Meg LePage was the principal drafter of the MPA’s groundbreaking policy ensuring expanded opportunities for transgender student-athletes. This policy assures that Maine's transgendered high school athletes will receive equal opportunities to play on the school's sports teams.

Represented developer in expansion of existing mobile home park by approximately 80 lots in Kittery, Maine.  The project required a successful appeal pursuant to the mobile home park statute, 30 M.R.S. § 4358, which restricts the authority of municipalities to establish overly restrictive zoning to preclude development or expansion of mobile home parks. 

Representation of the Moody Point Community Association in negotiations with the Town of Newmarket, New Hampshire, over the extension of public water supply to serve Moody Point, a community of 101 homes on the shores of Great Bay.  Moody Point currently operates its own private water supply.

Representation of Extreme Reach, Inc., the leading provider of video advertising management, delivery and measurement solutions across TV and digital media, in all-stock acquisition of Talent Partners, a Carlyle portfolio company.

Represented Fairchild Semiconductor in its acquisition of TranSiC, a Swedish semiconductor developer and manufacturer.

We received two favorable appellate decisions on behalf of our developer client, Montrose School Park, LLC, in a series of cases challenging permits for a residential cluster development in Beverly, Massachusetts. Browne v. Conservation Commission of Beverly, 85 Mass. App. Ct. 1121 (2014) (unpublished) and Browne v. Planning Board of Beverly, 91 Mass. App. Ct. 1125 (2017) (unpublished).

We received a favorable trial decision from the Superior Court on behalf of our client, 246 Main Street Realty, LLC, holding that the plaintiffs failed to prove adverse possession of a portion of the parking lot for the client’s commercial building.

In a matter recognized by Rhode Island Lawyers Weekly as one of the most important opinions of 2012, we obtained a favorable order for a general contractor seeking to enforce an Ohio arbitration clause. The matter was of particular importance because it was the first time a court concluded that the Federal Arbitration Act preempted a Rhode Island statute that prohibits out-of-state arbitration in certain construction matters.

We obtained a favorable ruling from Maine Revenue Services on the Maine sales and use tax consequences of a number of hypothetical transactions involving leased equipment in Maine.

Pierce Atwood obtained a favorable outcome for our clients at the First Circuit Court of Appeals in Penobscot Nation v. Mills, the case brought by the Penobscot Indian Nation asserting control over the use and water quality of the Penobscot River in Maine. On June 30, 2017, by a 2-1 vote, the First Circuit panel affirmed the Maine U.S. District Court’s ruling that the tribe’s claims are barred by the 1980 Maine Indian Claims Settlement Act. The First Circuit majority also rejected the tribe’s claim that the state has interfered with the tribe’s sustenance fishing rights. Pierce Atwood represents a coalition of municipal and private wastewater discharge licensees on the Penobscot River.

Obtained a favorable settlement for an owner of a spiritual retreat facility against its contractor and design professionals through a seven-party mediation following an incident that involved a burst sprinkler pipe, substantial property damage, and discovery of pervasive latent construction defects. Before the mediation, Pierce Atwood worked closely with the owner and the owner’s representatives to review the defective conditions and press for performance of the remedial work by the construction and design professionals.  Multiple demands on the contractor’s performance bond had to be made to ensure performance of the corrective and incomplete work.  Once the work was completed, Pierce Atwood represented the owner in the multi-party mediation that dealt with challenging issues involving construction defects with the fire protection system, reimbursement for additional costs due to the delayed project, complex insurance coverage issues (including with the owner’s property insurer), contract terms (waiver of subrogation, waiver of consequential damages), continuing warranty obligations, and the scope and finality of the release. At the end of the mediation process, the owner was paid for costs it incurred during the delayed project and it paid nothing against the claims submitted by its contractor and design professionals.

We obtained a favorable trial verdict for our client Synectic Software Solutions, Inc., software developer and maker of VendSys Vending Management System, in a copyright and trade secrets lawsuit brought by Gimme Vending, LLC.  The case related to a failed business relationship concerning the attempted integration of Gimme's Bluetooth hardware with Synectic's handheld software.  When Synectic successfully integrated with a competing Bluetooth device maker, Gimme filed suit alleging that Synectic copied its software.  After an expedited trial on the merits completed less than a month after Gimme filed suit, the U.S. District Court for the District of Massachusetts rejected Gimme’s claims of copyright infringement, misappropriation of trade secrets, unfair competition and breach of the parties’ license agreement, and ruled that Gimme was not entitled to any monetary damages.  

We represent the project developer of a 150 MW battery energy storage facility before FERC and NYISO.

We advocated for RES-Americas before FERC and state initiatives to help ensure the use of our client’s battery systems on the grid.

Pierce Atwood successfully represented the U.S. Energy Storage Association in a Federal Energy Regulatory Commission rulemaking. In its Order 841, FERC found that existing RTO/ISO market rules are unjust and unreasonable in light of barriers that they present to the participation of electric storage resources.

We successfully obtained from the Federal Energy Regulatory Commission (FERC) two key waivers of its capacity release rules for a large independent oil and gas producer client.  FERC requires that shippers on natural gas pipelines that seek to transfer pipeline capacity in connection with a large transaction or exiting the natural gas supply business seek a waiver of the capacity release rules and policies to ensure that there are no inadvertent violations. 

Pierce Atwood represented Great Bay Renewables in connection with a follow-on transaction with its development partner, U.S. renewable energy developer Hexagon Energy, LLC. Great Bay will provide up to $30 million to support upcoming interconnection security requirements to advance Hexagon’s 3.4 GW PJM portfolio in the interconnection process.

First Circuit Affirms Challenge to Local Ordinance Restricting Competition on City Projects: In a case of first impression, and on behalf of Merit Construction Alliance and its members, we successfully challenged the enforcement by the City of Quincy (Mass.) of the residency, apprenticeship and health and welfare benefits provisions of its so-called “Responsible Employer Ordinance” in the U.S. District Court for the District of Massachusetts. The First Circuit Court of Appeals affirmed the lower court's ruling, holding that the Responsible Employer Ordinance (REO) is unconstitutional under the Privileges and Immunities Clause of the U.S. Constitution, and is preempted by the federal Employee Retirement Income Security Act. The decision has wide-ranging implications, as there are some 20 or more municipalities in the Commonwealth with similar ordinances, which are now vulnerable because they are arguably unenforceable.

The First Circuit affirmed summary judgment for our client Standard Insurance Company in a disability benefits case. The court held that Standard was not liable for payments of benefits to treat Chronic Lyme Disease beyond the 24 month limitation period set by the ERISA plan for limited physical and mental conditions.

In two separate class actions, in which Pierce Atwood separately represented Unum Life Insurance Company and Sun Life Assurance Company, the U.S. Court of Appeals for the First Circuit held that using Retained Asset Accounts (RAAs) to pay death benefits claims on group life insurance policies does not violate the Employee Retirement Income Security Act (ERISA), where the policies either require or permit payment by RAA.

Represented Florida developer of nation’s largest forest biomass-powered generating plant in contracting, siting and appellate matters.

Represented Florida Power and Light on real estate title, easements, entitlements, and documentation, as well as the transfer of federal, state, and local environmental and land use approvals, in connection with the acquisition of the Seabrook, New Hampshire Nuclear Power facility.

Represented FMC’s Rockland, Maine manufacturing facility, the largest producer of carrageenan in North America, on environmental permitting, counseling, compliance, and strategic matters. Carrageenan is a natural colloid extracted from seaweed; it is used in many health care and food products, including toothpaste, pharmaceutical tablets, ice cream, bakery mixes, processed meat products, and beverages.

Represent the Maine Forest Products Council, the state's only trade association representing Maine timberland owners, forest products companies, and related suppliers, on environmental, land use, forestry, commercial, tax, and antitrust issues.

We represented a newly formed company in the semiconductor robotics industry in its initial formation, establishing the documentary and procedural basis for clean intellectual property ownership and employee equity incentives. We then assisted this client in structuring and negotiating its initial financing from an international strategic investor.

We represent Fox Islands Wind LLC, the developer and operator of an innovative island community wind project, in all aspects of its business, including environmental permitting, real estate, litigation, corporate, and compliance matters.

Represented Fox Islands Wind, LLC in the development of an innovative initiative supported by the island's consumer-owned electric cooperative, nonprofit institutions, and private investors, which included the receipt of federal production tax credits.

We are assisting Ascendant, BELCO, and other Ascendant companies with preparing comprehensive legislation, implementing regulations, and related materials for consideration by Ascendant and other stakeholders within Bermuda, in order to create a legal, regulatory, and publicly accepted framework that will support necessary investment in energy infrastructure (including renewable generation and a proposed LNG import facility, to permit gas-fired power generation), demand-side management, a significant roof-top PV program, and related efforts to diversify BELCO’s generation portfolio, and stabilize customer costs, while maintaining a robust and reliable system and without triggering further retail price hikes that would be politically infeasible.

Working closely with businesses and state and federal trade associations, we successfully opposed a drastic revision of Maine’s franchise statute on behalf of a national restaurant franchise. Defeat of this bill was vital, as it proposed unreasonable involvement by the state in the contractual relationships negotiated between franchisors and franchisees and would have severely limited the ability of franchisors to protect their brands.

Assisting Bright Community Capital, a subsidiary of Coastal Enterprises, Inc., with all aspects of fund formation and capital raise efforts for a tax equity fund and a sponsor equity fund, which will be used to acquire mid-size solar PV projects with a focus on those in low-income areas or benefitting low-income people.

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

Pierce Atwood assisted GO Lab, Inc., d/b/a TimberHP on all aspects of the development of its wood fiber insulation manufacturing facility at the former UPM paper mill in Madison, Maine, beginning with the acquisition of the mill in 2019, through the closing of the sale of $85 million tax-exempt green bonds issued by the Finance Authority of Maine, a $24 million New Markets Tax Credit transaction, and a $25 million Series A equity raise. These funds provide the up-front capital needed to turn the former paper mill into the first wood fiber insulation manufacturing plant in North America.

We represent the national electric transmission company of Kyrgyzstan in negotiating all project documents related to the development of the Central Asia-South Asia (CASA-1000) Transmission Project, a 1300 MW transmission line to enable the sale of excess summer hydropower from the Kyrgyz Republic and Tajikistan to Afghanistan and Pakistan. The $1.3 billion project, to be financed by the World Bank and other multilateral institutions, involves construction of three DC/AC converters, over 750 km of HVDC lines and 477 km of HVAC lines. The project achieved financial close in April 2015 and construction is scheduled to start in 2016.

Represented Great Bay Renewables in connection with the formation of a joint venture between certain funds managed by affiliates of Apollo Global Management, Inc., and Altius Renewable Royalties Corp. to accelerate the growth of Great Bay’s innovative renewable energy royalty business.

Gum Spirits Productions, based in Portland, Maine, has been producing independent films since 2003. Pierce Atwood saw Gum Spirits through a private offering to raise funding for the film Three Priests. We also set up the corporate structure, including with respect to investor interests, of Three Priests LLC, acted as production counsel for Three Priests, and worked with Gum Spirits to secure and negotiate distribution for the film.

We represented a heavy civil construction company that performed a multi-bridge and highway project in Rhode Island.  We defended against a claim brought by the paving subcontractor in federal court.  With the assistance of our expert, we engaged in an informal alternative dispute resolution process with the opposing party and its counsel.  Following mediation sessions before the Magistrate Judge, we accomplished a satisfactory settlement on behalf of our client.

Represented the Capitol Center for the Arts in connection with the acquisition of, and financing for, the historic restoration of the Concord Theatre in Concord, New Hampshire.  The project utilized $5.4 million in New Markets Tax Credit allocation. The theatre will act as a satellite location for smaller performances and events.

Representation of Homefront Health Care in seeking appointment of a Receiver.

Represented provider of aviation support services in HSR filing related to its acquisition of aircraft de-icing service provider.

Represented large supplier of energy products and materials handling services in HSR filing related to acquisition of fuel oil and natural gas distributor in the metropolitan New York area.

Represented technology support provider in HSR filing related to its acquisition by multi-national computer and technology corporation.

Represented Sappi North America, Inc. in the negotiation and permitting of the surrender of the FERC license for the Saccarappa Hydro Project in Westbrook, Maine, in 2013-2019.

We represent Icelandic shipping company Eimskip in its US trade and related matters.

We provide a full range of corporate immigration services for IDEXX, a worldwide leader in providing diagnostic, detection, and information systems for veterinary, dairy, and water testing applications. IDEXX is a publicly traded company with annual revenue in excess of $1.1 billion and employs more than 4500 people at over 70 locations in 16 countries on five continents. We work closely with IDEXX to identify and accomplish its business objectives, including, for example, by providing immigration support for the acquisition of a leading veterinary diagnostic laboratory in Canada, intra-company transfers necessary for the growth and development of business lines in Europe and the reorganization of business units in Europe, Canada and the United States, assisting with immigration strategies to allow IDEXX to expand and develop new markets in Japan, and with the design and implementation of global recruitment strategies for veterinary diagnostic pathologists, veterinary technicians, and IT engineers needed for the development and support of new product lines.

We provide a full range of immigration and compliance-related support for WEX, including immigration and compliance support relating to corporate acquisitions, as well as immigration support for H-1B, TN, and employment-based green cards. WEX is a global provider of value-based business payment processing and information management solutions. Established in 1983 (formerly Wright Express Corporation), WEX has been publicly traded on the New York Stock Exchange since February 16, 2005 (NYSE:WEX).

Our client, Irving Tissue, a leading manufacturer of household-name-brand tissue for markets in the US and Canada, contracted with Metso, a global manufacturer of tissue and paper making equipment, for the manufacture and installation of a Thru-Air Drying (TAD) tissue machine at the Irving Tissue facility in upstate New York. The purchase and installation of the TAD technology was a key element in a $120 million expansion project involving hundreds of US workers, including maintenance and engineering employees employed at the US facility, as well as various contractors and subcontractors performing work on the project. We designed and implemented a strategy to provide necessary immigration support for the TAD project and, during a 4-month project window, obtained Port of Entry approvals for 27 intra-company transfers on behalf of various maintenance, engineering, operating, and management employees temporarily re-assigned from Canadian facilities in New Brunswick and Ontario to the TAD project, as well as providing immigration support for temporary business visits by project support professionals from Europe and Australia. Each intra-company transfer and business visit was completed on-time and on budget, helping place our client in the best possible position to accomplish the capital improvement project with minimal disruption to its business operations.

We provide immigration support for Bates College on a broad range of questions relating to immigration status, international travel, and visa documentation for international faculty and students, including advice and counsel relating to questions arising under the Trump Administration travel ban.

We provide immigration support for The Jackson Laboratory, an independent nonprofit biomedical research institution whose mission is to discover precise genomic solutions for disease and empower the global biomedical community in the shared quest to improve human health. Founded in 1929, JAX now operates state-of-the art research facilities in Bar Harbor, Maine; Sacramento, California; Farmington, Connecticut; and Ellsworth, Maine. The Jackson Laboratory Cancer Center is one of just a small number of United States National Cancer Institute-designated Cancer Centers in the United States. The Jackson Laboratory researchers take an integrated approach to precision medicine, combining expertise in cancer, immunology, neurogenetics, computational biology, and life-cycle biology. 

Lead counsel to ImmuCell Corporation in $9 million public offering of common stock. ImmuCell is a growing animal health company that develops, manufactures and markets scientifically-proven and practical products that improve the health and productivity of dairy and beef cattle.

We achieved a favorable state income tax settlement for a multistate broadcasting firm.

Attorneys providing indigent legal services (appointed counsel) had not received a raise in pay from the State of Maine for nearly 15 years. Representing the legal community, we worked through the budget process to secure, for the first time since 1999, an increase in appointed counsel’s rate of pay.

Retained to conduct independent workplace and student investigations for top liberal arts colleges.

On behalf of a New England industrial facility, we achieved a large abatement in a property tax appeal. We represented this industrial facility in their pursuit to contest recent years' property tax assessments from a town in New Hampshire. We appealed to the town Board of Tax and Land Appeals that tax assessments from 2008-2010 were disproportionately high or unlawful, resulting in the taxpayer's responsibility for a disproportionate share of property taxes. Alternate appraisals were presented which were also corroborated by separate appraisals prepared by the NH Department of Revenue Administration. The appeal for abatement was granted and the client is due a significant refund, plus interest.

Representation of GO Lab, Inc., d/b/a TimberHP, a startup company helping to revitalize Maine’s forest products industry by repurposing a former paper mill to develop and manufacture environmentally responsible wood fiber insulation, in all aspects of the development of its business.

Helped devise and negotiate innovative project development loan and equity option agreements between a private equity fund and a renewable project developer to secure, fund and ultimately develop renewable projects.

For a large foreign-based global bank, we negotiated hundreds of ISDA master agreements, swap participation agreements, and netting and collateral arrangements. We also performed an extensive forensic analysis of the bank's potential liabilities and rights and remedies under numerous market-value and other mortgage securitization related derivatives products, which involved bankruptcy concerns and innovative risk management techniques.

When a senior level executive relocated to Maine we helped him to understand how his estate plan should change to comply with state-specific laws. We also helped to design an innovative trust structure to match the unique needs of his family.

In a very challenging regulatory environment with significant opposition, we assisted our confidential client in obtaining the necessary permits and approvals to install meteorological towers in two communities in northern New Hampshire. Our efforts included representation before town zoning, planning, and select boards and successfully defending the approvals in Superior Court.

Drafted and negotiated a variety of inter-related vendor agreements to outsource the development, hosting and maintenance of a publicly available price transparency website, securing contractual commitments with respect to cooperating with other service providers and shifting most of the risk of failed development to the vendors.

Pierce Atwood represented Great Bay Renewables in the provision of a $50 million interconnection financing facility for Geenex, a leading developer of utility-scale energy projects, which will support readiness deposits for Geenex’s PJM TC2 projects. This financing facility strengthens Geenex’s ability to advance a robust pipeline of projects through PJM’s interconnection queue.

We have served as outside immigration counsel for BTS for more than 10 years, providing a broad range of immigration solutions allowing BTS to hire, retain and deploy the talent it needs for global delivery. BTS is a global professional services firm providing management consulting and business training solutions for business strategy execution, business leadership development, and sales transformation. BTS is among the leading firms in the world in the field of business strategy implementation.

Pierce Atwood serves as outside immigration counsel for Unum, the largest provider of disability insurance products in the United States and the United Kingdom, employing more than 9,000 people, with total revenue for the fiscal year ending December 31, 2016 in excess of $11.05 billion. A Fortune 500 company, Unum Group is publicly traded on the New York Stock Exchange under the symbol “UNM.”

We represented the Independent Oil & Gas Association of West Virginia, Inc. in a successful resolution of a contentious multi-party settlement of Texas Eastern Transmission's revised natural gas quality specifications. This settlement secured the flexibility and standards needed for Marcellus Shale gas and traditional Appalachian supplies to meet pipeline specifications.

Advised Irving Woodlands, LLC on a concept plan rezoning before the Maine Land Use Planning Commission for about 51,000 acres in northern Maine, including a potential conservation easement of more than 16,700 acres. The project proposes rezoning for residential, commercial, forestry, and recreational lodging uses along four lakes in the Fish River Chain of Lakes, and includes innovative new rules for managing phosphorus export, provides alternatives for septic systems at existing camp lots, and requires implementation of sustainable forestry practices.

We represented Eolian before ISO-NE and FERC as pertains to their bid into the Forward Capacity Auction (FCA).

We represent NEWSME Landfill Operations, LLC, the operator of the Juniper Ridge Landfill, in its efforts to develop and sell for energy use the landfill gas it collects through an elaborate network of landfill gas collection pipes at this large state-owned landfill. This representation includes advice on both the environmental permitting and commercial aspects of the transaction.

Represented NEWSME Landfill Operations, LLC, the operator of the State-owned Juniper Ridge Landfill, in the successful federal, state and local licensing of a 9.35 million cubic yard horizontal expansion of this solid waste facility.  State and local approvals were obtained after contested adjudicatory proceedings.

On behalf of the European Bank for Reconstruction and Development (EBRD), we drafted a “Green Economy Law” for the Ministry of Economy and Budget Planning in Kazakhstan, which involved an assessment of Kazakhstan’s existing laws in a variety of sectors (including the Environmental Code, the Water Code, the Electricity Law, the Renewable Energy Law, the Tax Code and the Administrative Offences Code), as compared to international best practices for “green principles.” Pierce Atwood and its local lawyers in Astana and Almaty participated in meetings with stakeholders, and then proceeded to develop amendments to 22 laws and their related sub-acts. The final Green Economy Law will introduce green economy principles into Kazakhstan’s legislative framework, based on models taken from countries that are leaders in “green economy” best practices in environmental management, including water usage, waste disposal and management, air emissions, and energy efficiency.

We have served as outside general counsel to Kents Hill School since the late 1980s in matters involving employment, student affairs, construction projects, debt issuance, intellectual property, real estate, and commercial contracts.

Represented KeyBank, N.A. in the restructuring of $23 million commercial financing for a large Rhode Island retail center.

For the Kingdom of Jordan, we served as lead counsel to the Ministry of Economy and the National Electric Company in the negotiation of all project documents in connection with a private investor funded and developed 375-400 MW combined cycle gas plant; significantly, due to the flexibility and cooperation of all parties, including the private investor, the government, and lenders, we were able to achieve financial close in November 2009 at the height of the global economic crisis. The plant began commercial operations in early 2012.

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.

We received a favorable trial decision from the Land Court on behalf of a private client, overturning a special permit that authorized an abutting owner to replace a residential cottage on Nantucket Harbor with a commercial use.

Represented Pine Tree Landfill in obtaining necessary permits for construction and operation of 5 MW landfill gas-to-energy facility.

For over three decades, Pierce Atwood has represented virtually all of Maine’s pulp and paper companies in the licensing, relicensing, and expansion of their respective solid waste landfills, which are dedicated to the disposal of the solid and special wastes generated at each mill that cannot otherwise be reduced, recycled, or composted.

We developed a licensing program and supporting agreements for a holder of health care claims data in connection with out-licensing de-identified data sets to universities and organizations for research purposes.

Pierce Atwood assisted a major pulp and paper company in successfully licensing two new tissue machines, which are now under construction.

Assist local bank in purchase of $15 million participation in $39 million loan secured by mortgage on a Portland hotel.

Represented large land owner on environmental and land use issues associated with a long-term lease for a large wind power project in northern Maine.  This matter also involved significant coordination with our Real Estate Department. 

We represented an out-of-state mail-order pharmacy in a matter before the Maine Board of Pharmacy in connection with a provider complaint.

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.

Represented Maine Natural Gas on its annual cost of gas proceeding. We ably assisted MNG to prepare the filing and get it approved by a Commission without any issue in a matter of weeks. MNG was very pleased with the outcome and to have Pierce Atwood on its team.

We have successfully defended the Maine Principals’ Association in numerous legal challenges to its student athlete eligibility rules, including claims that the rules discriminate against student athletes on the basis of sex, national origin, religion and disability.

We obtained an industry-specific interpretation of the Maine Service Provider Tax for telecom contractors. We helped our telecom construction clients educate Maine Revenue Services on the nuances of their businesses and gain the ability to apply the tax in a way makes more sense in this industry.

Defended former owner of facility against state court action involving cost-recovery claims, toxic tort claims, and diminution in value claims, alleging damages running to millions of dollars.

Successfully represented several large manufacturing facilities that underwent extensive PSD/NSR and Refrigerant (CFC, HCFC) compliance reviews by EPA. These reviews began with EPA information requests seeking large amount of information, in some cases dating back to the 1970s, with respect to virtually every capital project at the facilities and detailed review of compliance with Maine’s EPA-approved State Implementation Plan regulations and EPA’s New Source Performance Standards.

Our attorneys represented an English marine insurer in coverage litigation relating to the capsize of a fishing vessel off Massachusetts.

Represented market participants, including Bath Iron Works, Calpine, and Cate Street in ISO-NE markets, providing them representation and advice regarding compliance with market rules.

Pierce Atwood partner Michael Daly successfully represented an insured food processing company in an appeal before the Massachusetts Appeals Court to obtain insurance coverage for accidentally damaging its customer’s product.  The appeal turned on the issue of whether an unexplained cause of damage to property constitutes an “occurrence” under a commercial general liability (CGL) insurance policy.

We represented a leading energy provider in mediation of approximately $150 million in related claims by two contractors arising out of a $1.55 billion transmission line construction project.  The claims arose from an allegation that environmental compliance on the project was overly restrictive, leading to both delay and significantly increased costs of compliance.  After two days of mediation per claim that included presentations by expert witnesses, we resolved the disputes for a fraction of the requested amount. 

John Bulman mediated a dispute over an interstate highway construction project between a state department of transportation (DOT) and a regional heavy contractor. 

John Bulman mediated a four-party property damage subrogation action currently pending in Massachusetts Federal Court.

Pierce Atwood represented Mercy Health System of Maine in its consolidation with Eastern Maine Healthcare Systems (EMHS). In addition to the issues involved in any large M&A transaction, including transaction structuring, drafting and negotiation of definitive documents, comprehensive due diligence, and coordination of corporate governance and organizational integration, our team has also dealt with all of the issues inherent in hospital and health system mergers, acquisitions, affiliations, and similar transactions, such as antitrust concerns, HIPAA compliance, medical and executive staff retention and consolidation, benefit plan transition, and the navigation of other relevant federal and state regulatory and licensure issues applicable to the healthcare industry.

Representation of Mercy Hospital in all real estate and transactional aspects, including financing, for the acquisition and development of a major new hospital campus project along the Fore River in Portland, Maine. This project required the assemblage of multiple parcels, negotiating easements and crossings with the Portland Terminal Company railroad, the negotiation with the City of Portland for a special contract zone to accommodate the development, negotiating with the State of Maine DOT for the construction of a new access road connecting I-295 and the riverfront, working with various community groups, such as Portland Trails, to reach a community consensus on the project and incorporating community issues into the project, working with the DEP on wetland remediation and natural wildlife concerns and clearing ancient claims of title and relocation of public roads.

Structured transactions involving transfers of watercraft and aircraft to minimize transfer taxes in Massachusetts and Maine.

In Georgia, we advised the Ministry of Energy on a variety of issues related to promotion of hydropower investment for export of electricity to Turkey, including an assessment of the legal and regulatory framework for investment in the hydropower sector, drafting of an Information Memorandum for private investors, review of the Market Rules, drafting and negotiation of a Cross-Border Electricity Trade Agreement between Turkey and Georgia which was executed in January 2012, and development of a new market design.

Assisted in cleanup, redevelopment, and permitting of a former paper mill on a 40-acre river site into a state-of-the-art manufacturing facility in Brewer, Maine, which is now constructing large-scale, high-tech building components for industrial facilities and shipping them via ocean barging. The firm addressed state and local environmental and land use permitting and real estate issues, including issues arising from historic contamination, negotiated numerous environmental and real estate concerns with interested parties, and facilitated the Voluntary Response Action Plan issued by the Maine DEP.

We assisted Moki Doorstep with corporate and intellectual property strategy and implementation related to a portable step that affixes to a vehicle door frame, offering a simple solution to reach a car roof. Moki’s Kickstarter campaign raised $110,736 from 2,220 backers in just 30 days, and was followed by an appearance on ABC’s “Shark Tank.”

Provide corporate and regulatory counsel to a large, Boston-based banking institution in connection with the monetization of federal and state income tax credits associated with a wide variety of energy projects.

Represented the monetization of wood fueled electric power generating facilities in Maine and New York developed by Boralex Industries, Inc.

Representation of Urbanica, Inc. and its affiliate UHomes LLC in connection with the acquisition and construction financing for a multifamily residential project to be located at 90 Antwerp Street, Brighton, Massachusetts.

As development of the Marcellus shale natural gas formation accelerated in 2010, Texas Eastern Transmission, a major interstate pipeline, and its large utility customers began to develop new quality specifications for natural gas shipped on the pipeline. Although Appalachian natural gas has long included high concentrations of ethane, and that gas previously met pipeline quality specifications and posed no threat to pipelines or consumer equipment, the large utilities wanted the ethane removed from the gas stream – at the producer's cost. The principal market for ethane is the petrochemical manufacturing region in Texas and Louisiana and there is no existing pipeline or other reasonable means of shipping the ethane. Representing long-time gas producer association clients Independent Oil & Gas Association of West Virginia, Inc. and Independent Oil & Gas Association of Pennsylvania, Pierce Atwood led the efforts to forge a multiparty settlement of the quality specifications at FERC. Pierce Atwood's efforts avoided costly litigation and secured the producers and pipelines upstream of Texas Eastern significant flexibility and gas quality standards that ensure Marcellus shale gas and traditional Appalachian supplies will meet pipeline specifications and flow to critical northeastern market.

Representation of two pulp/paper mills in seeking abatements of their municipal property tax assessments.

We provided immigration support for NAFTA L-1 and TN applications required for a core project team to accomplish a high-value internal business improvement project involving roll-out and “go live” implementation of Enterprise Resource Planning (ERP) applications for Cavendish Farms facilities in the United States and Canada. 

Advised national bank regarding contemplated acquisitions and merger review by the Department of Justice and the applicable federal banking agencies.

Pierce Atwood serves as national coordinating counsel on all environmental matters for a pulp and paper company with operations in New England, the Midwest, and the Mid-Atlantic. This role involves providing regular advice and counsel on issues such as compliance strategies for air emissions regulations, such as boiler MACT and BART, managing a potential river re-designation that could cost hundreds of millions of dollars in compliance costs, permitting a secure vault for storage of hazardous waste, and advising the company on day-to-day operations issues about issues ranging from management of contaminated soils to stormwater compliance. In this capacity, we work closely with company lawyers, corporate environmental staff, and environmental staff from each individual mill, as well as local counsel in various jurisdictions.

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

Lead negotiator for major property and casualty insurance company on enterprise performance management software contract. Successfully introduced and negotiated solution to an inter-operability issue that threatened to sink the deal.

Led negotiation team for independent statewide health information exchange in negotiation of key information technology agreements for full scale deployment of one of the first (and largest) statewide health information exchanges in the country using clinical data.

Lead negotiator on behalf of a New England-based insurance company in connection with replacing a home-grown IT system (including self-hosted servers and legacy software platforms) with an outsourced core insurance platform consisting of a policy administration system, claims processing and settlement solution, rating engine and underwriting and decisioning tools. When the vendor’s in-house counsel proved to be an obstacle to compromise and progress, we suggested and implemented strategies to minimize counsel’s role to enable the vendor’s senior business leaders to make key decisions.

On behalf of the National Association of Regulatory Utility Commissioners (NARUC), we are assisting with drafting a new Electricity Market Law for Azerbaijan, to enable Azerbaijan's transition towards compliance with European Union requirements.  NARUC is supporting the Ministry of Energy of Azerbaijan on drafting the new law and creating a new market model for its electricity. The working committees set up by the Acting Minister of Energy include representatives from the Ministries of Energy and Economy, the two key utilities, other governmental agencies, the US Embassy and the USAID Mission.

Since 2017, Pierce Atwood has represented Avangrid Networks, Inc. and its affiliates CMP and NECEC Transmission LLC on all aspects of the development of the New England Clean Energy Connect (NECEC), a $1 billion, 147-mile high-voltage direct current transmission line that will interconnect the New England transmission system with the Hydro-Quebec (HQ) transmission system at the Canadian border in western Maine. The NECEC will deliver 1,200 MW of hydropower generated by Hydro-Quebec to the New England grid around the clock for at least 40 years. As found by the Maine PUC, this project promises to reduce the cost of electricity in Maine and New England by tens of millions of dollars each year, increase the reliability of the New England electric grid, and reduce greenhouse gas emissions by 3.0-3.6 million metric tons annually (the equivalent of removing 700,000 cars from the road).

Representation of the Skating Club of Boston in the acquisition and development of a new, state-of-the-art, three-rink, 4,000-seat skating facility on University Avenue in Norwood, Massachusetts. We have assisted the Skating Club in all aspects of site acquisition, title matters (including clearing some old reciprocal easements for an office park that was never developed), zoning, wetlands and MEPA permitting, payment in lieu taxes agreements, and development agreements. We also represented the Skating Club in the sale of its existing facility at 1234 and 1240 Soldier’s Field Road in Boston.

Pierce Atwood represented Great Bay Renewables in its investment in Longroad Energy’s Titan Solar project, a 70 MWac utility-scale solar project located in Imperial County, California. The investment was used to finance the buyout of a tax equity investor’s residual post-flip interest.

Representation of Capone Iron Corporation in a $10 million new markets tax credit financing for the construction of a manufacturing facility.

Pierce Atwood represented Great Bay Renewables in connection with its establishment of a $10.1 million interconnection deposit loan facility to support its development partner, Hexagon Energy. 

Assisting Cate Street’s subsidiary Newco Energy in development and $275 million new market tax credit and Section 1603 financing of its biomass plant in Berlin, New Hampshire.

Represented NEWSME Landfill Operations, LLC, the operator of Maine’s largest state-owned landfill, in separate projects to license a 7 million cubic yard vertical increase in disposal capacity and to accept municipal solid waste for disposal. Both projects involved successful defenses of appeals to the Maine Board of Environmental Protection.

We successfully defended our clients Turner Construction Company and Stryker Biotech in a case that settled important issues of contract and evidence law affecting New Hampshire litigants. In Axenics, Inc. v. Turner Construction Company the New Hampshire Supreme Court ruled in favor of our clients that (1) a subcontractor cannot bring an unjust enrichment claim against an owner who has paid the general contractor in full, and (2) internal memoranda, work product, or other materials created for the purpose of settlement cannot be used at trial as evidence of liability or damages, even if they are never conveyed to the other side. This hotly-contested case came to the Supreme Court on appeal of a $1 million-plus judgment for the plaintiff-subcontractor, after an eighteen-day bench trial before Merrimack County Superior Court and Business and Commercial Dispute Docket Judge Richard McNamara.

For a community development entity (CDE) client, we closed a $12 million new market tax credit (NMTC) pooled loan fund. This is one NMTC transaction in a series of financings we are handling under the federal and state new markets programs.

Representation of a tax credit investor in connection with a new markets tax credit financing of a $10 million real estate development in Brunswick, Maine.

Represented Bangor Savings Bank in its role as tax credit investor in a state and federal New Markets Tax Credit transaction providing financing for the renovation and modernization of the Millinocket Memorial Library, a private nonprofit that now operates the former public library.

Assistance to Technology Access Foundation in connection with new markets tax credit financing matter.

We represented the Downeast Institute for Applied Marine Research & Education, a nonprofit in Beals, Maine, with the financing of its $6.7 million expansion, including a $5 million new markets tax credit financing. The expansion will add laboratory, office, housing, storage and conference space, as well as making improvements to the existing hatchery (used to grow soft shell clams and other commercially important bivalves to restock depleted resources).

We have served as outside general counsel to North Yarmouth Academy in matters involving employment, student affairs and governance. We have also assisted NYA with employment-based immigration work.

Representation of a major northeastern dairy products company in spinoff of Midwestern affiliate.

Represented NTE Energy, a power developer and energy services provider, in strategizing, structuring, negotiating, and documenting equity investments for three natural gas-fired power plants valued at more than $1.1 billion.

Represent NTE Energy in connection to its hybrid renewable biomass power generation projects. We have assisted with all aspects of development, financing and off-take agreement negotiations for projects in Florida, Tennessee, Alabama, Louisiana, Mississippi, Virginia, New Jersey, North Carolina, South Carolina, Ohio, Indiana and Washington.

We have represented a nuclear power plant in New Hampshire on multiple property tax valuation matters, as well as on obtaining pollution control exemptions.

We serve as general counsel to Ocean Renewable Power Company, LLC, a developer of tidal energy technology and projects. Our work includes successful applications for FERC and state environmental authorizations for product trials in Western Passage off the Maine coast, a program that is now implemented in Alaska and Canada.

We have assisted several clients with successful disclosures of their offshore accounts and financial assets under the IRS’ offshore voluntary disclosure and streamlined disclosure programs.

The Maine Legislature in 2011 passed a landmark bill (PL 90) aimed at reforming the failing individual health insurance market in Maine. The bill authorized establishment of a new non-governmental insurance company (the Maine Guaranteed Access Reinsurance Association, or “MGARA”) that would provide reinsurance to cover the sickest individuals historically responsible for the bulk of the health services used and corresponding costs, with the ultimate goal of reducing premiums in that market. The Board of Directors of MGARA retained Pierce Atwood to analyze the new groundbreaking law, form the new reinsurance company, guide its financing and other operations, and work with the Legislature and Bureau of Insurance through this complex process. MGARA began its operations in July 2012 as planned and is currently providing reinsurance for over 3,000 of Maine's sickest individuals. Pierce Atwood is proud to have served MGARA and the State in this important work.

We serve as The Hinckley Company’s outside general counsel, advising them on virtually all of their legal needs.  Our close working relationship with Hinckley’s management team allows us understand Hinckley’s long term and strategic objectives, which in turn allows us to provide specifically tailored strategic advice with a full appreciation of the nuances of Hinckley’s business and growth strategy. 

John Bulman mediated a P3 (public-private partnership) dispute relating to a transportation infrastructure project in the Western U.S.

Served as chair of a panel addressing the termination of construction manager on a major biophysics research building.  Beyond overseeing highly contentious proceedings, issued lengthy decision construing scope of section 4-61 of the Connecticut General Statutes, the Connecticut dispute resolution law pertaining to this public construction contract.  Decision was subject to judicial review and was affirmed.

Pierce Atwood represented Great Bay Renewables in the formation of a strategic partnership with Granite Source Power, a developer of battery energy storage and electricity generation projects.

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

We are advising large pension funds in interest rate hedging programs, including OTC derivatives and exchange-traded futures contracts and related clearing agreements.

Pierce Atwood served as permitting counsel to a real estate development firm in connection with an affordable housing project in Boston's South End. This important project will include dozens of new homes for moderate-income, first-time homebuyers.

We represented Xpress Natural Gas (XNG) in expanding access to compressed natural gas throughout the State of Maine and elsewhere in New England. Pierce Atwood assisted XNG in obtaining all necessary regulatory approvals and environmental permits for compressed natural gas production facilities in Baileyville and Eliot, Maine. These facilities receive natural gas from major pipelines, condition and compress it, and then dispense it into tank trailers made of composite materials. The trailers are then trucked to customer locations throughout Maine and elsewhere, where the CNG is used primarily as boiler fuel. These were the first facilities of their kind in New England, and allow consumers who are not presently served by a gas utility to take advantage of this abundant, clean burning, economic and domestically produced energy resource. Our attorneys successfully led XNG through the process of obtaining approvals from the Public Utilities Commission. We drafted and obtained a town zoning ordinance amendment and other local approvals, and successfully navigated permit or exemption issues before the Department of Environmental Protection, the Maine Fuel Board, and the State Fire Marshal. We were also successful in determining that the facility was not subject to Federal Energy Regulatory Commission jurisdiction.

Representing New Leaf Energy, Inc. (formerly Borrego Solar Systems, Inc.) in the preparation of petition to the Massachusetts Department of Public Utilities for approval of battery storage systems, including a facility located in western Massachusetts.

Represented client in enforcement action brought by NHDES as a result of release of oil into the Piscataqua River in Newington, NH. 

On behalf of our client Vans, Inc., we won summary judgment in trade-dress infringement case in Federal District Court in Boston. The court granted summary judgment to Vans, upholding the design of its Pro-Tec snow and skateboarding helmets against competitor’s trade dress allegations. Vans, Inc. and five other companies that design, manufacture, and sell sports helmets (among other products), were sued by a competitor alleging trade-dress infringement and unfair competition. The plaintiff, Bern Unlimited, Inc., contended the visor on its Baker snow helmets was unique and distinctive, and that Vans and the other defendants were prohibited from selling helmets that also contained a visor. The court found as a matter of law that Bern’s helmet design lacked distinctiveness, thus freeing Vans and other companies to sell competing helmets with visors. In a 56-page opinion issued on March 31, 2015, U.S. District Court Judge Dennis Saylor dismissed the claims against Vans and the other defendants.

Pierce Atwood represented Great Bay Renewables, LLC, in connection with a $6.1 million PJM interconnection deposit facility to support Red Stone Renewables, a privately-owned developer of utility scale renewables projects.

We work closely with the clothing company of a nationally known pop star to help protect and enforce the company’s trademark rights and negotiate various licensing and other business contracts.

When our client, BTS, an international management consulting and business training firm based in Stockholm, acquired Wizerize, a leading technology and consulting company based in Copenhagen, BTS turned to the Pierce Atwood immigration team for assistance with the design and implementation of cost-effective immigration strategies that would allow key Wizerize talent from Copenhagen to work collaboratively in the United States with the BTS Digital Services Division on the business integration of the Web 2.0 technology platform – Wizer® – developed and built by Wizerize.

We assisted a client in providing post-bankruptcy financing of approximately $70 million through mortgage and sale/leaseback arrangements on facilities in 10 states, and was heavily involved in the plan confirmation proceeding. Alterra Healthcare Corp. (Bankr. D. Del.).

We won a precedent setting appeal before the Texas Public Utility Commission involving a decision of the Electric Reliability Counsel of Texas (ERCOT) on behalf of our clients West Oaks Energy and Longhorn Energy. This PUCT decision rejected a retroactive market resettlement that had been ordered by ERCOT, resulting in a $10 million price reversal for our clients and others. In this case, ERCOT adjusted settled market prices, on a retroactive basis, for the December 1, 2010 through February 1, 2011 period , claiming there had been a “significant software or data error” that justified the price change. In the appeal to the PUCT we demonstrated that in fact there was no software or data error, simply an unhappiness on ERCOT’s part with how its own market design was functioning. The PUCT, by unanimous vote, agreed with us and also agreed that while prospective rule changes are needed from time to time it is extremely harmful to market participants, and to market confidence, to try and make these changes on a retroactive basis. This decision has also led to a potential reversal of a second market resettlement that was ordered by ERCOT. In that second case, and on behalf of firm client XO Energy TX, we had challenged an almost identical retroactive market resettlement as unlawful and contrary to system protocols. This second resettlement involved over $2.7 million. At ERCOT’s request this matter is now being held in abeyance until the next ERCOT Board meeting when it will be reconsidered. We are delighted with these outcomes and believe the PUCT decision is likely to put an end to unwarranted, after the fact price changes in the ERCOT market. We believe it also establishes very important precedent for all ISO electricity markets.

We assisted the Farnsworth Art Museum, located in Rockland, Maine, with a combined state and federal new markets tax credit financing, helping the museum to secure capital needed for critical repairs and improvements to the building. The NMTC investment has allowed the museum, which opened in 1948 and boasts a remarkable collection of over 15,000 objects, to stay open and continue welcoming more than 100,000 visitors annually.

Represented landowner Kendall F. Crocker III in successfully preserving an historic farm and approximately 300 acres of land located on Jewell Hill in Fitchburg, Ashby, and Ashburnham, Massachusetts. The land, known locally as Crocker Farm, was sold to The Trustees of Reservations and is now permanently preserved through a conservation restriction so that it can provide valuable scenic and public recreational opportunities for generations to come.  Mr. Crocker, the Trustees, and all three municipalities worked together to preserve the land through a combination of donor fundraising, grants awarded to the municipalities through the Commonwealth’s Land Grant Program, and a sales price substantially below the appraised value.

Lead counsel in obtaining dismissal of federal and state privacy claims against a large retailer in U.S. District Court in Boston.

We advised a major national insurer regarding the privacy law implications of its big data marketing initiatives.

Pierce Atwood successfully represented, on a pro bono basis, an 800-acre nonprofit facility that cares for hundreds of abused and neglected animals in Maine, after the town in which the facility is located refused to grant the property tax exemption to which the facility was entitled.

Representing manufacturing facilities and electric and gas utilities in property tax abatement proceedings.

We achieved a property tax exemption for a valuable oceanfront property, used for charitable and religious purposes, in face of challenge by the Town where the property is located.

During Maine’s 2015 legislative session, our government relations attorneys helped to defeat various proposals to help protect the interests of our clients. We successfully defeated numerous proposals that would have been detrimental to our clients, including the defeat of a water extraction tax bill, a bill prohibiting contractor indemnification, and several solid waste bills.

We provide legal and strategic guidance to a provider organization regarding direct-to-employer contracting, including network provider contract design and structure.

Serve as lead PRP counsel and Chair of Steering Committee for over 100 participating PRPs at Plymouth, Maine NPL Superfund site; represent parties in Removal Order, RI/FS Order, Remedial Design AOC and ongoing Technical Impracticability Waiver effort; manage all site issues with EPA and state including PCB issues, Natural Resource Damage claims, post-remediation obligations and financial assurance.

We represent a public utility in some 30 local property tax appeals pending in state courts and administrative bodies.

Advised a publicly traded student loan company in a series of technology transactions with large and sophisticated technology and services vendors, including a mission-critical call center outsourcing agreement.

Represented several Maine pulp and paper facilities on MEPDES licensing renewals and modifications, including review of nutrient limitations and development of site-specific metals limitations.

Represent several pulp and paper mills with compliance inspections under Maine’s Multi-Sector General Permit for industrial facility stormwater discharges.

Represented an affordable housing provider in completing the purchase, rehabilitation, and preservation of 32 units of heavily subsidized low-income housing through the federal Low Income Housing Tax Credit (LIHTC) program, MassDevelopment bonds, and low-interest loans from the City of Quincy’s Affordable Housing Trust. The development, known as Bersani Circle, is the culmination of more than a year’s worth of work with the City of Quincy and various lender and tax credit investment entities, and will provide affordable housing at a time of great need.

Represented RBS Citizens, N.A., as agent and lead lender, in documentation and closing of term loans and lines of credit to a manufacturer with facilities in Maine, California and Tennessee, totaling $35 million.

Regularly represent owners and operators (including former owners and operators) at federal and state RCRA Corrective Action sites, including sites with off-site VOC plumes; advise on all aspects of compliance and liability, including Corrective Action Orders and Licenses, negotiation of toxic tort settlements, land swaps, transfers of property to new owner/operator, Natural Resource Damage claims, and financial assurance. Sites have included Saco Defense and Maine Electronics, among others. Pierce Atwood attorneys have actively participated in the Maine DEP Corrective Action Improvements Initiative, beginning in 2017.

Lead real estate and permitting counsel to NYSE-listed energy company on purchase of all operating permits and development rights for 300 MW class to-be-constructed combined cycle dual fuel project, requiring delivery of new gas laterals and redeployment of excess water reservoir capacities for cooling.

Represent MEREDA, Maine’s premier real estate development association, on all governmental relations issues, including issues affecting land use, environmental compliance and regulation, taxation, and economic development. In one example, Pierce Atwood assisted MEREDA with drafting and lobbying for the new 10,000 square foot exemption to the Site Location of Development Act.

Strada Funding, LLC (ME and NH). Successfully represented a private lender seeking to recover in excess of $2.7 million from eight guarantors of loans made to former Chapter 11 debtor, Strada 315, LLC, the developer of a $35 million mixed-use condominium project located in Ft. Lauderdale, Florida.

We are representing a recreational vessel owner in connection with post-fire investigation and claim coordination.

We are working with Dixville Capital LLC to bring back to life and dramatically expand the historic Balsams Grand Resort Hotel in New Hampshire. The project will involve real estate assembly, negotiation of critical path agreements with various constituents, capital markets access, permitting, and resort and real estate development. In addition to working with startups, through our Catalyst Program we also work with investors that are involved with launching and re-launching businesses throughout the country.

We represented a major out-of-state developer in the due diligence, acquisition, remediation and redevelopment of idle and contaminated properties in Lewiston, Maine. This work included obtaining liability protection for the client under the State’s Voluntary Response Action Program and preparation of an environmental covenant. The site is now back in productive use as new retail store, gas station and car wash.

We represent a major developer in the acquisition and redevelopment of an idle, contaminated former Maine DOT maintenance facility. This work has included obtaining liability protection for the client under the State’s Voluntary Response Action Program and preparation of an environmental covenant. The 10+ acre property is now redeveloped and the site of large office buildings employing hundreds of workers.

Representation of the Town of Westwood (MA) in connection with the redevelopment of Islington Center, Westwood, Massachusetts.

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

Retained to advise Vermont Electric Power Company (VELCO) in connection with general regulatory issues. 

Representation of a renewable energy developer in the factoring of receivables from ISO-NE.

Represent developer, owner and operator of renewable gas facilities in all aspects of negotiating and documenting the siting, supply, off-take and financing of their renewable energy projects, which produce biogas, pipeline-grade methane and carbon sequestration credits from livestock and food industry waste streams by utilizing an advanced anaerobic digestion technology.

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.

Assisted a national bank in review of its Maine residential foreclosure practices.

On behalf of a group of automobile manufacturers, we worked with a coalition of automotive interests to defeat what is commonly titled “right to repair” legislation, which would have put intellectual property rights at risk by requiring manufacturers to share diagnostic and other proprietary information at prices dictated by statute.

Represented an owner/developer in conjunction with all aspects of a major commercial facility roof top PV installation in California, which at the time was the largest project of its type there. This work included negotiation of Cal ISO grid integration protocols, negotiation with the local utility with which the project interconnects, working with the California PUC on permits and tax credits, and advice regarding federal tax credits, together with associated commercial and financial advice.

Pierce Atwood represented Great Bay Renewables in connection with its $45 million royalty financing of U.S. renewable energy developer Hexagon Energy, LLC. With this transaction, Great Bay gains future royalties related to Hexagon’s portfolio of solar, solar plus energy storage and standalone energy storage development projects. Hexagon’s portfolio currently consists of 43 development projects totaling 5.3 GWac located across 12 states and four regional transmission organizations.

Pierce Atwood advised Great Bay Renewables, LLC, with respect to its $30 million royalty investment in renewable energy developer Nokomis Energy’s portfolio of 77 solar development projects located across seven states. The transaction also includes any future development projects added to Nokomis’s portfolio. The $30 million royalty investment will be made in tranches over approximately the next two to three years as Nokomis achieves certain project advancement milestones.

Pierce Atwood represented Great Bay Renewables in connection with its $30 million royalty investment in Apex Clean Energy’s 195 MWac Angelo Solar project in Tom Green County, Texas.

Pierce Atwood represented Great Bay Renewables in connection with its $46 million royalty investment with Longroad Energy in support of Longroad’s acquisition of the 70 MWac Titan Solar project in Imperial County, California. This project is Great Bay’s first royalty investment in California, and its second operating project royalty investment with Longroad Energy. Pierce Atwood previously represented Great Bay in connection with its royalty on Longroad’s Prospero 2 solar project in Texas.

Pierce Atwood represented Great Bay Renewables in connection with its $42.5 million royalty investment in Apex Clean Energy’s 202 MW Lotus Wind Project in Macoupin County and Morgan County, Illinois. Lotus Wind, a premier Midwest renewable energy project, is anticipated to achieve commercial operations in Q2 of 2026.

Represented Great Bay Renewables in connection with its follow-on $25 million royalty investment in Tri Global Energy’s portfolio of wind and solar energy development projects located across the United States. This is an extension of the $30 million royalty investment that Great Bay made in TGE in early 2019, for which Pierce Atwood also represented Great Bay, bringing the total royalty capital commitment to $55 million.

Pierce Atwood represented Great Bay Renewables in its $35 million royalty investment in a 250MW solar project developed by Longroad Energy, known as Prospero 2. The Prospero 2 solar project, located in Andrews County, Texas, achieved commercial operation on August 2, 2021, and is operated by Longroad. The solar facility is located on land leased from the University of Texas under a long-term lease agreement.

Representing Great Bay Renewables in connection with royalty investments being made in both renewable energy projects and renewable energy developers.

Pierce Atwood advised RWE Renewables in connection with the purchase of a partial interest in New England Aqua Ventus, to develop University of Maine’s floating offshore wind technology demonstration project off the coast of Maine. We are advising RWE Renewables on numerous Maine and local law issues, including energy and Maine PUC matters; submerged lands leasing; transmission interconnection; environmental permitting; tax matters; real estate; legislative and governmental affairs; and other Maine matters.