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We successfully compelled arbitration and then defended our client against a former executive’s multi-count claims that his termination violated the Massachusetts Wage Act and breached implied contractual duties. During the arbitral hearing, our attorneys prevailed on three of the executive’s four claims and succeeded in limiting the damages on his sole successful claim to a negligible amount. We then defeated the executive’s motion asking a court to vacate the arbitrator’s decision. We also succeeded in persuading the MCAD to dismiss his age discrimination claim with a finding of no reasonable grounds.
We serve as outside general counsel to Bates College, providing advice to the Board of Trustees and Administration on issues relating to risk, Title IX compliance, student discipline, student accommodations, other academic and student affairs matters, employment, immigration, intellectual property, and other matters. We have also advised Bates on construction-related matters including contract review and resolution of claims.
In an important victory for our client, Resource Real Estate (RRE), and for Maine landlords generally, the Maine Law Court reaffirmed that Section 8 is a voluntary program and that landlords do not engage in housing discrimination when they decline to participate in Section 8 for non-discriminatory, business reasons.
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.
Provide general employment advice and counsel to Unified Parking Partners, a Portland, Maine-based full service parking management company servicing all of New England.
Pierce Atwood represented a large employer in extended negotiations with a newly installed labor union, and, as a result of our negotiation strategy, achieved the rare outcome of getting the union to walk away from our client’s workplace.
Maine Beer Co. has grown from a small “nano” brewery producing 100 barrels of beer a year to a thriving microbrewery producing over 4000 barrels a year. To support the surge in production they expanded their staff from two to 12 full-time people and moved into a brand new 11,000 square foot production facility. As the company has grown so have its legal needs and Pierce Atwood has been there to help.
We convinced the Maine Department of Labor (MDOL) to reverse its finding that our client had misclassified its workers by treating them as independent contractors rather than employees. After filing an appeal of the original decision, we were able to persuade the MDOL that it did not have sufficient grounds on the facts or the law to prevail at a hearing before the Unemployment Insurance Commission.
On behalf of our client Iberdrola Energy Projects, Inc., we successfully negotiated a project labor agreement (PLA) with more than 24 trade unions for the construction of a $750 million combined-cycle gas turbine (CCGT) electric generating power plant in Salem, Massachusetts. This challenging project was made more complex by months of unanticipated delays relating to environmental permitting and financing issues. Nevertheless, construction commenced in April 2015, and when complete the new CCGT plan will supply electricity to more than 600,000 homes while lowering regional greenhouse gas emissions.
