Pierce Atwood LLP

Secretary of State Matthew Dunlap Issues Alert to Corporations and Non-Profit Entities Regarding Solicitations from Council for Corporations

Numerous Maine corporations have received mailings recently from a business operating under the name Maine Council for Corporations, whose address is usually listed as 126 Western Ave., #338, Augusta, ME 04330-7252. Please be…more

Scams, Secretary of State

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7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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Pazol v. Tough Mudder, Inc.: Muddying the waters on proof of jurisdictional facts under CAFA?

The Class Action Fairness Act of 2005 (CAFA) was intended to make it easier for defendants to remove class action lawsuits from state court to federal court. For example, CAFA introduced the concept of minimal as opposed to…more

Amount in Controversy, CAFA, Class Action, Corporate Counsel, Federal Jurisdiction

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Pitch Perfect - Creating a Compelling Story for Investors

Pitch decks are fundamental to your fundraising effort. If an investor is willing to give you their valuable time and attention, you should take full advantage of this chance to tell your story quickly, concisely, and…more

Business Plans, Capital Raising, Investors, Young Lawyers

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Under the Dome: 2014 Maine Election Edition

Maine’s polls closed a little more than sixteen hours ago and, except for a handful of recounts for Maine House and Senate seats, the results are in. Pierce Atwood’s Government Relations team, which includes John Delahanty,…more

Election Results, Legislative Agendas

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Supreme Judicial Court of Massachusetts Rules that Motor Vehicle Use Tax is Constitutional

Motor Vehicle Use Tax is Constitutional - Regency Transportation, Inc. v. Commissioner of Revenue - MA Supreme Judicial Court No. SJC-11873 (January 6, 2016) - The Massachusetts Supreme Judicial Court has held…more

Commerce Clause, Interstate Commerce, MA Supreme Court, Motor Vehicles, Sales & Use Tax

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2015 Summary of Key Maine Environmental Legislation

The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature…more

Community Development, Conservation, Contamination, Department of Environmental Protection, Endangered Species

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What You Need to Know About U.S. Law: Discovery in Aid of Foreign Proceedings.

The article below is the second in a series regarding "What You Need to Know About U.S. Law." Attorneys from a variety of practice groups at Pierce Atwood will author similar articles in the coming months to educate our overseas…more

Discovery, Federal Rules of Civil Procedure, Foreign Jurisdictions, Foreign Tribunals, Intel

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Supreme Judicial Court of Massachusetts Rules that Motor Vehicle Use Tax is Constitutional

Motor Vehicle Use Tax is Constitutional - Regency Transportation, Inc. v. Commissioner of Revenue - MA Supreme Judicial Court No. SJC-11873 (January 6, 2016) - The Massachusetts Supreme Judicial Court has held…more

Commerce Clause, Interstate Commerce, MA Supreme Court, Motor Vehicles, Sales & Use Tax

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SEC Issues Ground-Breaking Guidance: Pierce Atwood Business Counselor Q1 2014

Historically, subject to only very limited and narrow exceptions, the Securities and Exchange Commission, and many state securities regulators, have taken the position that brokers, finders and other intermediaries could not…more

Brokers, Compliance, FINRA, SEC

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Supreme Court Upholds FERC's Jurisdiction Over Wholesale Demand Response Programs

On January 25, 2016, the United States Supreme Court upheld the Federal Energy Regulatory Commission’s (FERC) jurisdiction over wholesale demand response programs in a 6-2 decision.  Please click here to read the decision,…more

Demand Response, Energy Sector, FERC, Jurisdiction, Power Grid

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When Can You Appeal a Local Permitting Decision? It Just Got More Complicated.

On Tuesday, the Maine Supreme Judicial Court (SJC) issued a decision addressing when someone can appeal to court a local board decision that is related to another local board decision, and concluded that the appeal can be filed…more

Building Permits, Land-Use Permits, ME Supreme Court, Zoning Laws

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Obama Administration Delays ACA Employer Mandate Until 2015

In a major development in the implementation of the Affordable Care Act (ACA), the Obama administration announced on Tuesday that it will delay implementation of the “employer mandate” feature of the law…more

Affordable Care Act, Deadlines, Delays, Employer Mandates, Healthcare

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Changes To The UCC Effective July 1: Are You Prepared?

Effective July 1, multiple amendments to the Uniform Commercial Code (UCC) became effective in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and 39 other states…more

Creditors, Debtors, Driver's Licenses, Due Diligence, Forms

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Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Pierce Atwood’s 2016 Summary of New Maine Laws Now Available! We are pleased to share our 2016…more

Audio Recording, Congressional Investigations & Hearings, Legislative Agendas, Legislative Committees, Political Campaigns

See All Updates »

Supreme Court Upholds FERC's Jurisdiction Over Wholesale Demand Response Programs

On January 25, 2016, the United States Supreme Court upheld the Federal Energy Regulatory Commission’s (FERC) jurisdiction over wholesale demand response programs in a 6-2 decision.  Please click here to read the decision,…more

Demand Response, Energy Sector, FERC, Jurisdiction, Power Grid

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Maine Modifies Vapor Intrusion Guidance

Addressing a hot topic, the Maine Department of Environmental Protection (DEP) just issued “Supplemental Guidance for Vapor Intrusion (VI) of Chlorinated Solvents and other Persistent Chemicals” superseding guidance issued in…more

Department of Environmental Protection, Environmental Policies, EPA, Petroleum, Vapor Intrusion

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Spokeo, Inc. v. Robins and the No-Injury Class Action

Class action practitioners have been closely watching Spokeo, Inc. v. Robins, a case before the Supreme Court on appeal from the Ninth Circuit. Spokeo presented the Court with the opportunity to decide whether a plaintiff may…more

Article III, Class Action, FCRA, Injury-in-Fact, Putative Class Actions

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Supreme Judicial Court of Massachusetts Rules that Motor Vehicle Use Tax is Constitutional

Motor Vehicle Use Tax is Constitutional - Regency Transportation, Inc. v. Commissioner of Revenue - MA Supreme Judicial Court No. SJC-11873 (January 6, 2016) - The Massachusetts Supreme Judicial Court has held…more

Commerce Clause, Interstate Commerce, MA Supreme Court, Motor Vehicles, Sales & Use Tax

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Virtual Marking for Patented Articles

The AIA introduced many changes to US patent law, including an amendment to 35 USC 287, which is frequently referred to as the “marking” statute. Marking a patented article provides constructive notice to the public of the…more

America Invents Act, Marketing, Patent Infringement, Patent Litigation, Patent Reform

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Maine BEP Provisionally Adopts DEP's Proposed Revisions to Site Law Rules

On October 2, 2015, we reported on the Maine Department of Environmental Protection’s (DEP’s) proposal to revise three chapters of its rules under the Site Location of Development Law (Site Law), the statute under which the DEP…more

Construction Industry, Department of Environmental Protection, Environmental Policies, Material Adverse Effects, Solid Waste

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The New Federal Trade Secrets Law: What You Need to Know

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act (DTSA) into law. This is the first federal private right of action for trade secret misappropriation. The key aspects to this new law are..…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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Under the Dome Special Edition: 2016 Summary of New Maine Laws

We are pleased to share our 2016 Summary of New Maine Laws enacted during the Second Regular Session of Maine's 127th Legislature, which adjourned sine die April 29, 2016. We provide you this summary to help you stay…more

Biomass, Business Development, Child Abuse, Conservation, Construction Industry

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Spokeo, Inc. v. Robins and the No-Injury Class Action

Class action practitioners have been closely watching Spokeo, Inc. v. Robins, a case before the Supreme Court on appeal from the Ninth Circuit. Spokeo presented the Court with the opportunity to decide whether a plaintiff may…more

Article III, Class Action, FCRA, Injury-in-Fact, Putative Class Actions

See All Updates »

What You Need to Know About U.S. Law: Discovery in Aid of Foreign Proceedings.

The article below is the second in a series regarding "What You Need to Know About U.S. Law." Attorneys from a variety of practice groups at Pierce Atwood will author similar articles in the coming months to educate our overseas…more

Discovery, Federal Rules of Civil Procedure, Foreign Jurisdictions, Foreign Tribunals, Intel

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What You Need to Know About U.S. Law: Trademark Opposition and Cancellation Primer

Similar to the laws of the EU and its member states, as well as other countries around the world, U.S. trademark law provides a mechanism through which parties with standing can oppose pending third-party applications or seek…more

Standing, Trademark Cancellation, Trademark Opposition Proceedings, Trademark Registration, Trademark Trial and Appeal Board

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New HIPAA Rules Affect Business Associates And Their Subcontractors

The new HIPAA rules issued by the Department of Health and Human Services have made substantial changes to the way in which covered entities (e.g., hospitals, health insurers, etc…) and their business associates (entities which…more

Business Associates, Covered Entities, HHS, HIPAA, HITECH

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Lead Paint and Drinking Water in Maine – Now Under Even More Scrutiny: Important news for owners of residential and child care buildings

Lead paint is a well-known problem for older homes, and lead in residential drinking water from historic plumbing is also a recognized issue in Maine. Lead can be a serious problem if children or pregnant women are exposed at…more

Child Care, Construction Industry, Contractors, Drinking Water, EPA

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Mobile Apps – New Frontier of the Video Privacy Protection Act

The First Circuit Court of Appeals, in its recent decision in Yershov v. Gannett Satellite Information Network, Inc., breaks new ground, extending the reach of the Video Privacy Protection Act of 1988 (VPPA) to video content…more

Advertising, Cartoon Network, Digital Downloads, Mobile Apps, Online Videos

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Governor Nominates McLean Commissioner of Maine Public Utilities Commission and Names Commissioner Vannoy as Chairman

Governor Paul R. LePage announced yesterday that Carlisle McLean has been nominated as Commissioner of the Maine Public Utilities Commission (MPUC). If confirmed by the Legislature, McLean would fill the position vacated by…more

Political Appointments, Public Utilities Commission

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New SEC Rule 506(c) - Accredited Investor Verification Requirements

We recently published a Business Alert regarding the SEC’s adoption of the final rule to lift the ban on general solicitation and advertising in Rule 506 offerings to accredited investors…more

Accredited Investors, Advertising, Dodd-Frank, General Solicitation, Marketing

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OMNICARE: Supreme Court Clarifies Whether Statements of Opinion by Companies and their Executives are Actionable under the Federal Securities Laws

This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the…more

Material Misstatements, Omnicare, Omnicare v Laborers District Council, Registration Statement, SCOTUS

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U.S. District Court Denies Penobscot Nation's Claim to Penobscot River

On December 16, 2015, Judge Singal issued his decision in the Penobscot Indian Nation v. Mills lawsuit, in which the Penobscot Indian Nation (PIN) had claimed that their reservation included the entire main stem of the Penobscot…more

Tribal Lands, Water Rights

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FERC Announces Significant Opportunities for Energy Storage Providers

Energy Storage Participation in the Energy, Capacity, and Ancillary Services Markets On April 11, 2016, the Federal Energy Regulatory Commission (FERC) announced that it will expand its evaluation of ISOs/RTOs policies that…more

Ancillary Agreements, Comment Period, Electricity, Energy Sector, Energy Storage

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Supreme Court Permits Use of Statistical Evidence to Prove Classwide Liability, but Declines to Adopt Categorical Rule

In Tyson Foods, Inc. v. Bouaphakeo, et al., the United States Supreme Court affirmed a judgment in favor of a class of Tyson employees, holding that averaged statistical analysis or so-called “representative evidence” presented…more

Admissible Evidence, Calculation of Damages, Class Action, Class Certification, Corporate Counsel

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Proposed Changes to Proof of Claim Procedure Require Mortgagees to Provide More Information in Less Time

On August 15, 2014, the Judicial Conference Advisory Committee on Rules of Practice and Procedure published a preliminary draft of proposed amendments to the Federal Rules of Bankruptcy Procedure and Official Forms. If adopted,…more

Commercial Bankruptcy, Evidence, Federal Rules of Civil Procedure, Mortgages, Proof of Claims

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Highlights From USPTO's Abstract Idea Examples

On January 27, 2015, the United States Patent and Trademark Office (USPTO) issued a set of examples for analyzing claims under the abstract idea exception to subject matter patent eligibility. The Abstract Idea Examples…more

Abstract Ideas, Computer-Related Inventions, Interim Guidance, Patent-Eligible Subject Matter, Patents

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Supreme Judicial Court of Massachusetts Rules that Motor Vehicle Use Tax is Constitutional

Motor Vehicle Use Tax is Constitutional - Regency Transportation, Inc. v. Commissioner of Revenue - MA Supreme Judicial Court No. SJC-11873 (January 6, 2016) - The Massachusetts Supreme Judicial Court has held…more

Commerce Clause, Interstate Commerce, MA Supreme Court, Motor Vehicles, Sales & Use Tax

See All Updates »

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Pierce Atwood’s 2016 Summary of New Maine Laws Now Available! We are pleased to share our 2016…more

Audio Recording, Congressional Investigations & Hearings, Legislative Agendas, Legislative Committees, Political Campaigns

See All Updates »

EPA's Proposed Water Quality Standards Rule Applicable to Maine

On April 20, 2016, the Environmental Protection Agency (EPA) proposed federal water quality standards that would apply to certain waters in Maine in place of existing Maine standards that EPA has disapproved. The proposed rule…more

Comment Period, Discharge of Pollutants, EPA, Native American Issues, Tribal Lands

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The Supreme Court's Vindication of The In re Nexium Dissent

We have commented previously on several aspects of the Supreme Court’s recent decision in Tyson Foods. One additional important aspect that deserves special attention in the First Circuit is the issue of how to cull uninjured…more

Actual Injuries, Article III, Class Action, Class Certification, Nexium

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What You Need to Know About U.S. Law: Product Regulations and Importing into the United States - What You Don't Know CAN Hurt You – and Could Destroy Your Business

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of…more

Advertising, Consumer Product Safety Commission (CPSC), EPA, FDA, FTC

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EPA Proposes Changes to Hazardous Waste Generator Rules and a New Management of Hazardous Waste Pharmaceuticals Rule

The U.S. Environmental Protection Agency (EPA) is proposing two new hazardous waste rules that EPA believes will strengthen environmental protection and reduce regulatory burdens. The first is an update to the hazardous waste…more

EPA, Federal Register, Hazardous Waste, Healthcare Facilities, Pharmaceutical Industry

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Massachusetts Appellate Tax Board Rejects Utility Loss Carryback

Massachusetts Electric Company v. Commissioner of Revenue - Appellate Tax Board Docket No. C310170 (February 24, 2016) - The Appellant, Massachusetts Electric Company (“MEC”), was a Massachusetts public utility…more

Energy Sector, Internal Revenue Code (IRC), Natural Disasters, Public Utility, Tax Appeals

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Supreme Judicial Court of Massachusetts Rules that Motor Vehicle Use Tax is Constitutional

Motor Vehicle Use Tax is Constitutional - Regency Transportation, Inc. v. Commissioner of Revenue - MA Supreme Judicial Court No. SJC-11873 (January 6, 2016) - The Massachusetts Supreme Judicial Court has held…more

Commerce Clause, Interstate Commerce, MA Supreme Court, Motor Vehicles, Sales & Use Tax

See All Updates »

Governor Nominates McLean Commissioner of Maine Public Utilities Commission and Names Commissioner Vannoy as Chairman

Governor Paul R. LePage announced yesterday that Carlisle McLean has been nominated as Commissioner of the Maine Public Utilities Commission (MPUC). If confirmed by the Legislature, McLean would fill the position vacated by…more

Political Appointments, Public Utilities Commission

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Lead Paint and Drinking Water in Maine – Now Under Even More Scrutiny: Important news for owners of residential and child care buildings

Lead paint is a well-known problem for older homes, and lead in residential drinking water from historic plumbing is also a recognized issue in Maine. Lead can be a serious problem if children or pregnant women are exposed at…more

Child Care, Construction Industry, Contractors, Drinking Water, EPA

See All Updates »

Supreme Judicial Court of Massachusetts Rules that Motor Vehicle Use Tax is Constitutional

Motor Vehicle Use Tax is Constitutional - Regency Transportation, Inc. v. Commissioner of Revenue - MA Supreme Judicial Court No. SJC-11873 (January 6, 2016) - The Massachusetts Supreme Judicial Court has held…more

Commerce Clause, Interstate Commerce, MA Supreme Court, Motor Vehicles, Sales & Use Tax

See All Updates »

New York High Court Adopts Delaware's Deferential Business Judgment Review for Controlling Stockholder Buyouts

In re Kenneth Cole Productions, Inc. Shareholder Litigation - We previously reported on the Delaware Supreme Court’s landmark decision in Kahn v. M&F Worldwide Corp. (MFW) applying the deferential, defendant-friendly…more

Business Judgment Rule, Buyouts, Class Action, Controlling Stockholders, DE Supreme Court

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Supreme Judicial Court of Massachusetts Rules that Motor Vehicle Use Tax is Constitutional

Motor Vehicle Use Tax is Constitutional - Regency Transportation, Inc. v. Commissioner of Revenue - MA Supreme Judicial Court No. SJC-11873 (January 6, 2016) - The Massachusetts Supreme Judicial Court has held…more

Commerce Clause, Interstate Commerce, MA Supreme Court, Motor Vehicles, Sales & Use Tax

See All Updates »

When Can You Appeal a Local Permitting Decision? It Just Got More Complicated.

On Tuesday, the Maine Supreme Judicial Court (SJC) issued a decision addressing when someone can appeal to court a local board decision that is related to another local board decision, and concluded that the appeal can be filed…more

Building Permits, Land-Use Permits, ME Supreme Court, Zoning Laws

See All Updates »

U.S. Senate Confirms Colette Honorable as a FERC Commissioner

The U.S. Senate has confirmed Colette Honorable as a Commissioner at the Federal Energy Regulatory Commission (FERC). Receiving bipartisan praise throughout the process, Honorable’s confirmation cleared the full U.S. Senate on…more

Administrative Appointments, Confirmation Proceedings, FERC

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Consumer Financial Protection Bureau Publishes Proposed Rule Precluding Class Action Waivers in Arbitration Clauses

As we reported last year, in October 2015 the Consumer Financial Protection Bureau published an outline of proposals that would limit the use of arbitration provisions in contracts for consumer financial products. On May 5,…more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Class Action, Class Action Arbitration Waivers

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New York High Court Adopts Delaware's Deferential Business Judgment Review for Controlling Stockholder Buyouts

In re Kenneth Cole Productions, Inc. Shareholder Litigation - We previously reported on the Delaware Supreme Court’s landmark decision in Kahn v. M&F Worldwide Corp. (MFW) applying the deferential, defendant-friendly…more

Business Judgment Rule, Buyouts, Class Action, Controlling Stockholders, DE Supreme Court

See All Updates »

Highlights From USPTO's Abstract Idea Examples

On January 27, 2015, the United States Patent and Trademark Office (USPTO) issued a set of examples for analyzing claims under the abstract idea exception to subject matter patent eligibility. The Abstract Idea Examples…more

Abstract Ideas, Computer-Related Inventions, Interim Guidance, Patent-Eligible Subject Matter, Patents

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Fiscal Cliff Averted: Estate, Gift And GST Tax Changes

The country was heading for a “fiscal cliff” as the Bush-era tax cuts were scheduled to expire on January 1, 2013. But the U.S. Senate and House of Representatives voted in the final hours to make those tax cuts permanent for…more

American Taxpayer Relief Act, Estate Tax, Family Limited Partnerships, Fiscal Cliff, Generation-Skipping Transfer

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Supreme Court Upholds FERC's Jurisdiction Over Wholesale Demand Response Programs

On January 25, 2016, the United States Supreme Court upheld the Federal Energy Regulatory Commission’s (FERC) jurisdiction over wholesale demand response programs in a 6-2 decision.  Please click here to read the decision,…more

Demand Response, Energy Sector, FERC, Jurisdiction, Power Grid

See All Updates »

3 Fundraising Mistakes Startup Entrepreneurs Make (and How to Avoid Them)

Some startups want to tout big fundraising numbers. Resist that urge. Focus on a smart valuation and return focus to the product…more

Business Formation, Fundraisers, Legal Perspectives, Startups, Venture Capital

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What You Need to Know About U.S. Law: Product Regulations and Importing into the United States - What You Don't Know CAN Hurt You – and Could Destroy Your Business

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of…more

Advertising, Consumer Product Safety Commission (CPSC), EPA, FDA, FTC

See All Updates »

7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

See All Updates »

EPA's Proposed Water Quality Standards Rule Applicable to Maine

On April 20, 2016, the Environmental Protection Agency (EPA) proposed federal water quality standards that would apply to certain waters in Maine in place of existing Maine standards that EPA has disapproved. The proposed rule…more

Comment Period, Discharge of Pollutants, EPA, Native American Issues, Tribal Lands

See All Updates »

Supreme Court Upholds FERC's Jurisdiction Over Wholesale Demand Response Programs

On January 25, 2016, the United States Supreme Court upheld the Federal Energy Regulatory Commission’s (FERC) jurisdiction over wholesale demand response programs in a 6-2 decision.  Please click here to read the decision,…more

Demand Response, Energy Sector, FERC, Jurisdiction, Power Grid

See All Updates »

Governor Nominates McLean Commissioner of Maine Public Utilities Commission and Names Commissioner Vannoy as Chairman

Governor Paul R. LePage announced yesterday that Carlisle McLean has been nominated as Commissioner of the Maine Public Utilities Commission (MPUC). If confirmed by the Legislature, McLean would fill the position vacated by…more

Political Appointments, Public Utilities Commission

See All Updates »

What You Need to Know About U.S. Law - Punishing the Dishonest Competitor

The article below is the first in a series regarding "What You Need to Know About U.S. Law." Attorneys from a variety of practice groups at Pierce Atwood will author similar articles in the coming months to educate our overseas…more

Competition, False Advertising, Injunctive Relief, Lanham Act, Unfair or Deceptive Trade Practices

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Contact

Merrill's Wharf
254 Commercial Street
Portland, ME 04101, United States

  • 207.791.1100
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
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Other U.S. Locations
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Other Countries
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Number of Attorneys

100+ Attorneys

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