Bernstein Shur

100 Middle Street West Tower
Portland, ME 04101, United States

  • (207) 774-1200
  • (207) 774-1127

How a Facebook Page Could Empty Your – And Your Business’ – Bank Account

Malware capable of stealing your banking credentials is being spread via links posted on Facebook pages. The New York Times reports an uptick in malicious links on popular and seemingly harmless Facebook pages such as NFL fan…more

Bank Accounts, Facebook, Malware, Social Media

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The Construction Advantage – Issue 10

Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost - An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a…more

Construction Contracts, Construction Industry, Construction Workers, Contractors, Property Damage

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Tax-Exempt Bonds: Post-Issuance Compliance

Does your district have outstanding tax-exempt bond obligations? If yes, the IRS is interested in..…more

Bonds, Compliance, Due Diligence, IRS, Tax Exemptions

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HIPAA Compliance Date: Sept. 23, 2013

Impending HIPAA Compliance Date - As discussed in prior HIPAA Alerts a final 563-page Omnibus HIPAA Rule was released by the Department of Health and Human Services Office of Civil Rights to strengthen HIPAA’s security…more

Compliance, Data Protection, Deadlines, HHS, HIPAA

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How Does DOMA Ruling Affect Your Estate and Tax Planning?

The Supreme Court’s decision in Windsor v. U.S. has effectively struck down Section 3 of the Defense of Marriage Act, also known as DOMA, retroactively. Here are some tax advantages now available to married same-sex couples..…more

Annual Filings, DOMA, Estate Planning, Estate Tax, Income Taxes

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The Construction Advantage – Issue 4

In our fourth issue of The Construction Advantage, we depart from summaries of regional and national case law to provide you with some helpful information from George Burns, David Ray and Michael Bosse on contract drafting,…more

Construction Contracts, Contract Drafting, Liens, Mechanics Lien

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Workplace Investigations: What You Need To Know

Employee complaints of discrimination, harassment and retaliation in the workplace have been on the rise over the past years. Employers and administrators must be ready to respond to these types of claims. In the event…more

Audits, Discrimination, EEOC, Employer Liability Issues, Harassment

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Shedding light on corporate successor liability

Depending on your point of view, corporate successor liability is either the bane of a company that buys assets or a strong protection for a creditor fighting fraud. Ordinarily, a business that buys the assets of another…more

Corporate Sales Transactions, Successor Liability, Successors

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The Construction Advantage – Issue 10

Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost - An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a…more

Construction Contracts, Construction Industry, Construction Workers, Contractors, Property Damage

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Establishing A Property’s Tax Valuation – Earlier is Better

Few developers think of spending precious time and resources on working with a municipality to determine the appropriate property tax valuation method and an estimated preliminary value of a real estate project during the…more

Property Tax, Property Valuation

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The Construction Advantage – Issue 9

In our ninth issue of The Construction Advantage, we provide you with a new case, a new statute and updated OSHA rules and requirements. We hope that this newsletter has been helpful and informative to you so far in 2014. Please…more

Compliance, Construction Contracts, Construction Industry, Construction Workers, OSHA

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The Construction Advantage – Issue 9

In our ninth issue of The Construction Advantage, we provide you with a new case, a new statute and updated OSHA rules and requirements. We hope that this newsletter has been helpful and informative to you so far in 2014. Please…more

Compliance, Construction Contracts, Construction Industry, Construction Workers, OSHA

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Charitable Solicitation Requirements are Changing in Maine

On August 1, 2014, the State of Maine will eliminate its requirement under the Charitable Solicitations Act that all fundraising consultants, known as “professional fundraising counsel,” must be licensed by the Maine Department…more

Charitable Organizations, Fundraisers, General Solicitation, Licenses, Professional License

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Mainebiz Real Estate Insider – A Field of Dreams: Imagining a Solar System in the Back Forty

In April 2014, the Maine legislature passed The Maine Solar Energy Act, finding that solar energy development in Maine would help protect and improve the well-being of its residents, as well as provide greenhouse gas reductions…more

DOE, Economic Development, Energy, Energy Projects, Greenhouse Gas Emissions

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Kennebec County v. Maine Public Employees Retirement System: An Important Ruling for Maine’s Governmental Employers

The Maine Supreme Judicial Court (Law Court) recently handed down an important ruling limiting the administrative authority of the Maine Public Employees Retirement System (MPERS). In Kennebec County v. Maine Public Employee’s…more

Employee Benefits, Employer Mandates, Hiring & Firing, Public Employees, Public Employers

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Mainebiz Real Estate Insider – My “Non-Binding” Letter of Intent is a Contract?!?

Letters of intent (LOIs) can be valuable, but they also present risks. Those risks arise in part because LOIs often are drafted in a manner that places them in a legal gray area. They usually are intended to be non-binding but…more

Good Faith, Land Sale Contract, Letter of Intent, Negotiations, Term Sheets

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The Construction Advantage – Issue 5

In our fifth issue of The Construction Advantage, we discuss some potential federal tax legislation, the time of accrual for a statute of limitation on an indemnity obligation, and a payment bond case recently decided by a…more

Bonds, Construction Workers, Contractors, Statute of Limitations, Subcontractors

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Are You Ready for the Wage and Hour Crackdown?

Ready or not, heightened government scrutiny of your wage and hour practices is coming. President Obama’s proposed budget for 2015 includes an increase of more than $41 million for the Wage and Hour Division of the U.S…more

Compliance, DOL, Wage and Hour

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The Construction Advantage – Issue 10

Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost - An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a…more

Construction Contracts, Construction Industry, Construction Workers, Contractors, Property Damage

See All Updates »

The Construction Advantage – Issue 5

In our fifth issue of The Construction Advantage, we discuss some potential federal tax legislation, the time of accrual for a statute of limitation on an indemnity obligation, and a payment bond case recently decided by a…more

Bonds, Construction Workers, Contractors, Statute of Limitations, Subcontractors

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Attorney hopes Lac-Megantic victims will get compensation next year

The attorney shepherding through bankruptcy the Maine railway blamed for one of the worst rail disasters in Canadian history hopes to start getting victims some monetary compensation early next year, he said Thursday…more

Canada, Commercial Bankruptcy, Railways, Train Accidents

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Legislative Update & Cloture Deadline

The 126th Maine Legislature convened and the newly elected members were sworn in on Wednesday, December 5, 2012. The 35 member Senate has 19 Democrats, 15 Republicans, and 1 unenrolled, and the 151 member House has 89 Democrats,…more

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Mainebiz Real Estate Insider – Reading Between the Liens

Maine has one of the most powerful mechanics lien laws in the country protecting contractors’ rights to get paid for their work, sometimes to the detriment of owners and mortgage holders. A mechanics lien creates a security…more

Contractors, Mechanics Lien, Property Owners, Real Estate Development, Secured Lenders

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Bernstein Shur Business and Commercial Litigation Newsletter #44

We are pleased to present the 44th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address subpoena enforcement, a rejected class action settlement, and…more

Antitrust Litigation, Case Management, Class Action, Credit Cards, Dow Chemical

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Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm resolution…more

ADA, Affordable Care Act, Discrimination, EEOC, Employee Benefits

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Workplace Investigations: What You Need To Know

Employee complaints of discrimination, harassment and retaliation in the workplace have been on the rise over the past years. Employers and administrators must be ready to respond to these types of claims. In the event…more

Audits, Discrimination, EEOC, Employer Liability Issues, Harassment

See All Updates »

Mainebiz Real Estate Insider – Avoid Common Traps of Commercial Subleases

If you are a subtenant, many practical questions exist such as who will change the light bulbs, who will plow the driveway, and who is in charge if the HVAC doesn’t work or if there are other problems in the subleased premises?…more

Commercial Leases, Commercial Real Estate Market, Leases, Subletting

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Federal Lawsuit Outlines Online Banking Procedures By Dan Mitchell

Originally published in MainBiz on November 26, 2012. Last July, the federal First Circuit Court of Appeals issued a first-of-its kind decision regarding the obligations of banks and their commercial customers in response…more

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Is It Sewer or Stormwater – and Who Pays?

What’s in the pipes? Is it sewer, stormwater, or both? Which customers pay for upgrades and administration costs?…more

Environmental Liability, Storm Sewers, Storm Water

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Legislative Changes to Maine’s TIF Statute Take Effect Oct. 9, 2013

What is Tax Increment Financing? - Maine’s municipal TIF statute is an economic development tool for municipalities. When a municipality designates a TIF district, the assessed value of property within the district from…more

Economic Development, Municipal Bonds, Municipalities, Property Tax, Tax Increment Financing

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Bernstein Shur Business and Commercial Litigation Newsletter #44

We are pleased to present the 44th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address subpoena enforcement, a rejected class action settlement, and…more

Antitrust Litigation, Case Management, Class Action, Credit Cards, Dow Chemical

See All Updates »

Mainebiz Real Estate Insider – Risky Business? Due Diligence Hints for Bidding at a Foreclosure Auction

Know a property being foreclosed, or see the signs and advertisements for foreclosure actions? They are everywhere. It is important to do your homework before bidding. Bid confidently by doing some pre-auction investigation…more

Due Diligence, Foreclosure, Mortgages, Real Estate Market

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Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm resolution…more

ADA, Affordable Care Act, Discrimination, EEOC, Employee Benefits

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The Construction Advantage – Issue 7

Reed Construction Data – Economy Improving Slowly but Surely - Reed Construction Data reports that the economy continues to improve but challenges remain. Based upon recent construction data from Reed Construction, the…more

ERISA, Public Schools, Real Estate Development

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Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm resolution…more

ADA, Affordable Care Act, Discrimination, EEOC, Employee Benefits

See All Updates »

Legislative Update & Cloture Deadline

The 126th Maine Legislature convened and the newly elected members were sworn in on Wednesday, December 5, 2012. The 35 member Senate has 19 Democrats, 15 Republicans, and 1 unenrolled, and the 151 member House has 89 Democrats,…more

See All Updates »

Federal Practice & Bankruptcy: SCOTUS on Bankruptcy: Jurisdiction and Inherited IRAs Clarified

In a rare burst of bankruptcy enthusiasm, the US Supreme Court in June issued two decisions on matters important to the administration of bankruptcy cases. In re Bellingham, decided June 9, addressed a seemingly esoteric…more

Chapter 11, Consumer Bankruptcy, Estate Planning, IRA, Liquidation

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Protecting Your Intellectual Property

In This Presentation, Ned Sackman, an attorney and member of Bernstein Shur’s Labor and Employment Practice Group, explores ways companies can secure intellectual property using the following tools: • Non-disclosure,…more

Copyright, Exit Interviews, Non-Compete Agreements, Non-Disclosure Agreement, Non-Solicitation Agreements

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Recent Amendments to Maine’s Freedom of Access Act

The Maine Legislature recently enacted several important changes to Maine’s Freedom of Access Act that go into effect October 9, 2013. The new laws contain several new provisions that will have an impact on how municipalities…more

Document Requests, FOIA, New Regulations

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Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm resolution…more

ADA, Affordable Care Act, Discrimination, EEOC, Employee Benefits

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Mainebiz Real Estate Insider – Real Estate Magic: Memos of Lease

Every once in a while, among the dusty and dormant documents hidden in Maine’s 18 registries of deeds, an occasional magic scroll comes to life. One of the more magical documents is the often forgotten Memorandum of Lease. This…more

Leases, Real Estate Market

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Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm resolution…more

ADA, Affordable Care Act, Discrimination, EEOC, Employee Benefits

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Real Estate Tip – Confusing Precision with Accuracy

In a recent EPA case, Natural Resources Defense Council, v. United States Environmental Protection Agency, a federal circuit court found against the agency’s decision to allow a product’s registration because of a rounding error…more

Appeals, Deeds, Real Estate Transfers

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Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm resolution…more

ADA, Affordable Care Act, Discrimination, EEOC, Employee Benefits

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New Hampshire LLCs: New Statute & Increased Protections

A new statute, RSA 304-C, governing limited liability companies in New Hampshire went into to effect January 1, 2013. The new act, which entirely modifies the law governing LLCs in New Hampshire, is designed to be user-friendly…more

Duty of Loyalty, LLC, Operating Agreements, Opt-In, Real Estate Holding Companies

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Mainebiz Real Estate Insider – We Like Like-Kind Exchanges

A real estate owner who holds a property for investment or business purposes, sells the real estate and recognizes a gain. She pays the taxes on the gain at both the federal and state level and uses the remaining proceeds from…more

Capital Gains, Real Estate Investments, Tax-Deferred Exchanges

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Mainebiz Real Estate Insider – LOI ROI: The Value of a Letter of Intent

Efficiency and value are fundamental guiding principles in our business lives and most of us look for ways to maximize those qualities. In real estate transactions, whether you are a buyer, seller, landlord, or tenant, a letter…more

Contract Negotiations, Letters of Intent, Purchase Agreement, Real Estate Market, Term Sheets

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Mainebiz Real Estate Insider – Enfeoffing Your Emblements: Losing Lawyer Language

The next time you review a deed that you receive from your lawyer, check it for the word “behoof.” It typically occurs in the phrase “..and to its and their use and behoof forever.” If you find it, call your attorney and ask him…more

Deeds, Legal Writing

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Shedding light on corporate successor liability

Depending on your point of view, corporate successor liability is either the bane of a company that buys assets or a strong protection for a creditor fighting fraud. Ordinarily, a business that buys the assets of another…more

Corporate Sales Transactions, Successor Liability, Successors

See All Updates »

New EEOC Enforcement Guidance Gives Broad Protection to Pregnant Employees

The U.S. Equal Employment Opportunity Commission recently issued new Enforcement Guidance (the Guidance) on pregnancy discrimination in the work place, shedding light on how the EEOC interprets the federal Pregnancy…more

EEOC, Employee Rights, Pregnancy, Pregnancy Discrimination

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Mainebiz Real Estate Insider – Protecting the Penny Wise in a Lease

Some penny wise clients resist advice to get real estate out of their own individual names, opening themselves to unnecessary risk. Fortunate clients, who have not met the “trial bar” up close and personal, sometimes still won’t…more

Asset Protection, Commercial Leases, Landlords, Leases, Liability

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Construction Law
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Maine
  • New Hampshire
Number of Attorneys

100+ Attorneys

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