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.