PretiFlaherty

Software Inventions See More Help in Bascom Decision

Since the Supreme Court decided Alice Corp. v. CLS Bank International, patent examiners and the courts have been working to better define patent eligibility. Following closely on the heels of their Enfish, LLC, v. Microsoft…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Baker Wasn't Thinking Politics When He Signed Transgender Bill in Private

The Boston Globe’s State House bureau chief, Frank Phillips, wrote that Charlie Baker’s decision to sign the transgender public accommodations bill on Friday, July 8 -- behind closed doors and with no fanfare -- “was not the…more
| Civil Rights, Elections & Politics

Debtors’ Lien-Stripping Attempt Likely Would Have Succeeded in New Hampshire

A North Carolina bankruptcy court recently denied a Debtors’ attempt to “strip off” a junior lien on their primary residence by rejecting the argument that the property should be valued near the time of plan confirmation. In re…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Alta, snowmaking pipes and conduit hydro power

Federal energy regulators have issued Alta Ski Area a written determination that its proposed micro-hydropower project will not be required to be licensed under the Federal Power Act. If developed, Alta's project would be one…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

This Week: Join Us at the ABI Northeast Bankruptcy Conference

The 23rd annual Northeast Bankruptcy Conference takes place this week, from July 14-17, at the Omni Mount Washington Resort in Bretton Woods, New Hampshire. This conference provides a great opportunity to gain insight into our…more
| Bankruptcy, Civil Procedure, Finance & Banking, Taxation

Maine tidal project preliminary permit issued

A tidal energy developer has been granted a preliminary permit to study a proposed project in Western Passage, near the city of Eastport, Maine. Under the Federal Power Act, most grid-connected tidal power projects require…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Ex Parte Attachment, and Priority, Reinstated to First in Time Creditor

In Estate of Summers v. Nisbet, the Maine Supreme Judicial Court reinforced the first in time, first in right nature of attachment and trustee process under Maine law. Attachment and trustee process are powerful enforcement…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential

Debtor May Still Claim Homestead Exemption Even If He Was Kicked Out

The bankruptcy court for the Eastern District of New York found that a debtor who was ordered to vacate his home could still claim an exemption in the property. In a divorce proceeding several months prior to the bankruptcy…more
| Bankruptcy, Civil Procedure, Family Law, Finance & Banking, Real Estate - Residential

Bankruptcy Court Rules Chapter 13 Debtors Must Assume or Reject Leases in 120 Days

In a recent decision from the Bankruptcy Court for the District of Maine, In re Cho, the Court ruled that 11 U.S.C. § 365(d)(4)(A) applies to debtors in Chapter 13 cases. In this case, the debtors operated a dry cleaning…more
| Bankruptcy, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Creditors Benefit from Seventh Circuit’s Interpretation of “Ordinary Course of Business” Defense to Preferences

The Court of Appeals for the Seventh Circuit recently discussed the standard for whether payments made to vendors in the 90 days prior to a bankruptcy filing are within the “ordinary course of business” defense. In making that…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking

ISONE External Market Monitor report 2015

A report by the New England electricity market's external monitor has found that "the markets performed competitively in 2015." ISO New England operates wholesale electricity markets covering most of New England. It…more
| Antitrust & Trade Regulation, Energy & Utilities

In the Line at Social Security, I Wonder, Have We Made It Too Easy to Quit?

One of the smartest, most perceptive persons I have ever had the good fortune to know, a gentleman from Worcester who has had a long and highly successful career in accounting and insurance, once said to me, “I’m willing to…more
| Labor & Employment Law

Maine biomass commission to meet

A commission charged by the Maine legislature to study the state's biomass energy industry will hold its first meeting next month. The study committee's work will result in a report to the legislature, and could include…more
| Energy & Utilities, Environmental Law

FERC Order 826 increases penalty power

Acting under a 2015 law, the Federal Energy Regulatory Commission has released an interim final rule increasing the maximum civil monetary penalties that it can assess for violations of statutes, rules, and orders within the…more
| Energy & Utilities, Environmental Law

Recreating with Pot Should be Legal but I Can't Convince Myself to Vote Yes

In the summer of 1968, I was fortunate to land a job as a meat packer at Bolton & Smart, one of the many wholesalers then located in Boston’s Clinton Street Market, on what is now mainly the site of Christopher Columbus Park in…more
| Construction Law, Elections & Politics, Health, Labor & Employment Law
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Portland, ME 04101, United States

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