Pierce Atwood LLP

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Merrrill's Wharf
254 Commercial Street
Portland, ME 04101, United States
Phone: 617-488-8101
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • D.C.
  • Maine
  • Massachusetts
  • New Hampshire
  • Rhode Island
Number of Attorneys
100+ Attorneys

SJC Amends Notice Requirements Under Mass. R. Civ. P. 23

Earlier this year, the SJC approved several amendments to the Massachusetts Rules of Civil Procedure, which are to take effect on September 1, 2023. One such amendment applies to Mass. R. Civ. P. 23, and specifically to the…more

Class Action, Notice Requirements, Rules of Civil Procedure

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Aetna-Humana Merger Blocked

The District of Columbia federal court recently ruled that a proposed $37 billion merger between health insurance giants Aetna and Humana cannot proceed, granting the US Department of Justice’s bid to block the combination on…more

Aetna, Anti-Monopoly, Antitrust Provisions, Centers for Medicare & Medicaid Services (CMS), Competition

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Maine Law Court Adopts Integrated Business Records Exception to Hearsay Rule

In The Bank of New York Mellon v. Shone, 2020 ME 122, ---A.3d---, decided October 22, 2020, the Maine Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine…more

Business Records Exception, Evidence, Federal Rules of Evidence, Hearsay

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COVID-19: Governor Mills Eases Restrictions in Preparation for Maine’s Tourism Season, Maintains Public Health Measures

On March 5, 2021, Governor Janet Mills issued Executive Order 35 (FY 20/21) in an effort to prepare Maine’s economy for the upcoming tourism season while also seeking to protect the health and safety of Maine’s residents. The…more

Coronavirus/COVID-19, Emergency Management Plans, Governor Mills, Public Health, State and Local Government

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Massachusetts Commission Recommends Expediting Siting Processes for Clean Energy Projects

The Massachusetts Commission on Energy Infrastructure Siting and Permitting published its report making recommendations to Governor Maura Healey on clean energy infrastructure siting and permitting reform. Governor Healey…more

Clean Energy, Climate Action Plan, Energy Projects, Energy Reform, Energy Sector

See all updates »

Massachusetts Commission Recommends Expediting Siting Processes for Clean Energy Projects

The Massachusetts Commission on Energy Infrastructure Siting and Permitting published its report making recommendations to Governor Maura Healey on clean energy infrastructure siting and permitting reform. Governor Healey…more

Clean Energy, Climate Action Plan, Energy Projects, Energy Reform, Energy Sector

See all updates »

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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2023 Federal and State Estate and Gift Tax Summary

Estate and gift taxes are levied on transfers of property during lifetime and at death. The federal government and many state governments impose such taxes and adjust the amounts subject to tax annually for inflation (or…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Opportunity Zones: An Update

The federal Opportunity Zone (OZ) program, created in December 2017, has been a major topic of discussion for investors, businesses, and project developers alike. It seems, however, that the utilization of the OZ program has…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investment Opportunities

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Maine Court Clarifies Jurisdiction in Certain Property Tax Appeals and Addresses Maine Revenue Services’ Duty to Taxpayers When Changing Policy.

In a unanimous opinion, Maine Law Court relied on the plain language of 36 M.R.S. § 844 to hold that, in a municipality without a board of assessment review (BAR), a taxpayer whose nonresidential property is valued at $1 million…more

Appeals, Jurisdiction, Property Tax, Revenue, Rules of Construction

See all updates »

PFAS in Maine: Legislature Amends the PFAS in Products Law

On April 16, 2024, Maine Governor Janet Mills signed into law significant amendments to the PFAS in Products Law. Initially passed in 2021, the PFAS in Products Law required manufacturers of products with intentionally added…more

Department of Defense (DOD), Department of Environmental Protection, Department of Homeland Security (DHS), Department of Transportation (DOT), Environmental Protection Agency (EPA)

See all updates »

FCC Issues New Consent Requirements for Certain Marketing Communications

In an important regulatory update that may significantly impact your organization’s marketing strategies, the Federal Communications Commission (FCC) adopted amendments to the Telephone Consumer Protection Act (TCPA) with a…more

Auto-Dialed Calls, Consent, Consumer Protection Laws, FCC, Lead Generators

See all updates »

Man Bites Dog: Real Estate Developer SLAPPs Objecting Abutters’ Claims

A decision late last year from the Massachusetts Supreme Judicial Court (SJC), 477 Harrison Ave., LLC v. JACE Boston, LLC (pdf), gives real estate developers a surprising new weapon when confronted by litigious neighbors…more

Abuse of Process, Adjacent Property Owners, Anti-SLAPP, Real Estate Development, Unfair or Deceptive Trade Practices

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Maine Law Court Provides Guidance Regarding Classification of Loans

In Franklin Savings Bank v. Bordick, issued on February 29, 2024, the Law Court reversed a decision of the Business and Consumer Docket (BCD) and remanded a personal property recovery judgment for further analysis regarding the…more

Affirmative Defenses, Disclosure Requirements, Guidance Update, Loan Documentation, Promissory Notes

See all updates »

New Updates to AAA Construction Rules Now in Effect

Effective March 1, 2024, the American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (AAA Rules). The AAA Rules provide a framework for resolving construction…more

American Arbitration Association, Construction Industry, Contract Terms, Mediation

See all updates »

Massachusetts DPU Completes Investigation into Future Role of Commonwealth’s Gas Distribution Companies

After a three-year investigation and the receipt of substantial stakeholder input, the Massachusetts Department of Public Utilities (DPU or Department) recently issued an order (D.P.U. 20-80-B) to set forth the role that local…more

Clean Energy, Climate Change, Compliance, Energy Projects, Greenhouse Gas Emissions

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Part 4: Making a COVID-19 Tuition Suit Last

We recently highlighted two Boston-based COVID-19 tuition refund class action suits, against Brandeis University and Boston College, and the impact of a provision in the Commonwealth’s Fiscal Year 2024 Budget that grants…more

Class Action, Colleges, Coronavirus/COVID-19, Refunds, Tuition

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Searching for Shells: New Federal Law Requires Privately-Held Companies to Disclose Ownership

Tucked away in the recently-passed National Defense Authorization Act is the long-expected Anti-Money Laundering Act of 2020 (AMLA). The AMLA is the most significant update to anti-money laundering (AML) laws in the U.S. in the…more

Corporate Governance, Currency Transaction Reports (CTR), Disclosure Requirements, FinCEN, Privately Held Corporations

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IRS Issues Proposed Regulations Under Code Section 457(f)

In June 2016, the IRS issued long-awaited proposed regulations under Section 457(f) of the Internal Revenue Code of 1986, as amended. While the proposed regulations will generally apply to compensation deferred under a plan for…more

Deferred Compensation, Employee Benefits, Forfeiture, Internal Revenue Code (IRC), IRS

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COVID-19: Developments in Class Action Litigation Surrounding Business Interruption Insurance Coverage

Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses.  Hundreds of businesses have…more

Business Interruption, Civil Authority Coverage, Class Action, Class Certification, Commercial Insurance Policies

See all updates »

Federal: SBA Issues Guidance on Paycheck Protection Program - UPDATE

The Small Business Administration (SBA) and U.S. Treasury have once again updated their Frequently Asked Questions (FAQs), revising their April 6 guidance for borrowers and lenders. The SBA has made it clear that the U.S…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

See all updates »

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to…more

Disgorgement, Enforcement, Federal Power Act, FERC, Natural Gas Act

See all updates »

MassDEP Proposes Changes to Chapter 91 Regulations

Applicants for new/renewed licenses must address climate issues - The Massachusetts Department of Environmental Protection (MassDEP) is proposing regulatory revisions in response to the effects of a changing climate,…more

Climate Change, License Renewals, Licenses, MassDEP, Proposed Amendments

See all updates »

President Biden Nominates Three FERC Commissioners

On February 29, 2024, President Biden nominated three new commissioners of the Federal Energy Regulatory Commission (“FERC”). The nominations will be reviewed and voted on by the Senate Energy and Natural Resources Committee and…more

FERC, Joe Biden, Presidential Nominations

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Dictionaries and the Law – Hunting, Poaching, and the Right to Food

The Law Court’s recent decision in Parker v. Department of Inland Fisheries & Wildlife is fascinating—it is a rare instance when the Court has been called upon to interpret and apply a new constitutional provision. The Maine…more

Constitutional Amendment, Hunting, New Amendments, Private Property, Scope of Coverage

See all updates »

New Updates to AAA Construction Rules Now in Effect

Effective March 1, 2024, the American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (AAA Rules). The AAA Rules provide a framework for resolving construction…more

American Arbitration Association, Construction Industry, Contract Terms, Mediation

See all updates »

Mass. SJC adopts "totality of the circumstances” test to determine whether municipal land is held for a specific purpose

In its recent decision in Carroll v. Select Board of Norwell (pdf), the Massachusetts Supreme Judicial Court (SJC) reaffirmed that where town-owned land is held for a specific purpose, M.G.L. c. 40, § 15A dictates that it cannot…more

Affordable Housing, Constitutional Amendment, MA Supreme Judicial Court, Municipalities, Proposed Amendments

See all updates »

Treasury Issues Long-Awaited Guidance on Transferability and Direct Pay Provisions of IRA

The U.S. Department of the Treasury recently issued its long-awaited guidance on two cash monetization options available for renewable energy projects under the Inflation Reduction Act of 2022 (IRA or Act) – Transferability and…more

Carbon Capture and Sequestration, Energy Tax Incentives, Inflation Reduction Act (IRA), New Guidance, Renewable Energy

See all updates »

FTC Votes to Ban Non-Competition Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted along partisan lines to adopt its proposed “Non-Compete Clause Rule” banning outright virtually all non-competition agreements. Unless enjoined by a federal court, the…more

Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements, Non-Disclosure Agreement

See all updates »

COVID-19: Business Concerns and Potentially Relevant Insurance Policies

The impacts of the coronavirus are far-reaching. Concern about lost revenue, liability for the health and welfare of workers, their family members, and customers remain top-of-mind for all businesses…more

Business Interruption, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Insurance Claims

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Portland Minimum Wage to Increase to $19.50 on January 1

Portland City Council Declines to Repeal State of Emergency, Triggering Hazard Wage Effective 1/1/2022 On Monday, December 20, the Portland City Council voted to postpone action to repeal the current municipal state of…more

Employer Liability Issues, Local Ordinance, Minimum Wage, Wage and Hour

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Federal Court Rules MetaBirkin NFTs Entitled to First Amendment Protection in Hermès Trademark Case

In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how courts…more

Corporate Counsel, First Amendment, Intellectual Property Protection, Non-Fungible Tokens (NFTs), Popular

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Massachusetts High Court Reaffirms "Single Look Doctrine” For Evaluating Liquidated Damages Clause in Commercial Leases

Last week the Supreme Judicial Court of Massachusetts (SJC) held that, despite defaulting only one month into its five-year lease, a commercial tenant is bound by a liquidated damages clause requiring a lump-sum payment of all…more

Commercial Leases, Data Breach, Eviction, Landlords, Liquidated Damages

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PFAS in Maine: Legislature Amends the PFAS in Products Law

On April 16, 2024, Maine Governor Janet Mills signed into law significant amendments to the PFAS in Products Law. Initially passed in 2021, the PFAS in Products Law required manufacturers of products with intentionally added…more

Department of Defense (DOD), Department of Environmental Protection, Department of Homeland Security (DHS), Department of Transportation (DOT), Environmental Protection Agency (EPA)

See all updates »

FCC Issues New Consent Requirements for Certain Marketing Communications

In an important regulatory update that may significantly impact your organization’s marketing strategies, the Federal Communications Commission (FCC) adopted amendments to the Telephone Consumer Protection Act (TCPA) with a…more

Auto-Dialed Calls, Consent, Consumer Protection Laws, FCC, Lead Generators

See all updates »

Maine Court Clarifies Jurisdiction in Certain Property Tax Appeals and Addresses Maine Revenue Services’ Duty to Taxpayers When Changing Policy.

In a unanimous opinion, Maine Law Court relied on the plain language of 36 M.R.S. § 844 to hold that, in a municipality without a board of assessment review (BAR), a taxpayer whose nonresidential property is valued at $1 million…more

Appeals, Jurisdiction, Property Tax, Revenue, Rules of Construction

See all updates »

COVID-19: Developments in Class Action Litigation Surrounding Business Interruption Insurance Coverage

Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses.  Hundreds of businesses have…more

Business Interruption, Civil Authority Coverage, Class Action, Class Certification, Commercial Insurance Policies

See all updates »

Federal: SBA Issues Guidance on Paycheck Protection Program - UPDATE

The Small Business Administration (SBA) and U.S. Treasury have once again updated their Frequently Asked Questions (FAQs), revising their April 6 guidance for borrowers and lenders. The SBA has made it clear that the U.S…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

See all updates »

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to…more

Disgorgement, Enforcement, Federal Power Act, FERC, Natural Gas Act

See all updates »

COVID-19: Maine Governor Limits Evictions; Urges Banks and Credit Unions to Stop Foreclosures

On April 16, 2020, Maine Governor Janet Mills issued Executive Order 40 FY 19/20, which, together with The Maine Supreme Judicial Court’s Pandemic Management Order issued on March 18, 2020 (the law court order), is intended to…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Moratorium

See all updates »

First Circuit Offers Lessons to Businesses Facing Cybersecurity Incidents and Class Action Litigation Risk

In Webb v. Injured Workers Pharmacy, LLC, the First Circuit recently reversed a lower court’s dismissal of class action claims brought by former pharmacy patients alleging that their sensitive personal information had been…more

Cyber Incident Reporting, Cybersecurity, Data Breach, Data Privacy, Data Security

See all updates »

FTC Votes to Ban Non-Competition Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted along partisan lines to adopt its proposed “Non-Compete Clause Rule” banning outright virtually all non-competition agreements. Unless enjoined by a federal court, the…more

Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements, Non-Disclosure Agreement

See all updates »

Massachusetts Relaxes Outdoor Mask Requirement and Announces Future Rollback and Lifting of Business Restrictions

Effective April 30, 2021, Order 67 relaxes the Commonwealth’s mask mandate, requiring a face covering outside in public only when not possible to socially distance, or as otherwise required by sector-specific guidance. Face…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Personal Protective Equipment

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Supreme Court Preserves Availability of Profits Award for Both “Willful” and “Innocent” Trademark Infringement

On April 23, 2020, the U.S. Supreme Court unanimously held in Romag Fasteners, Inc. v. Fossil Group, Inc., 590 U.S. ___ (2020), that the Lanham Act does not impose a “willfulness” prerequisite for awarding profits in trademark…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Appeals Court Excuses City’s Notice-by-Mail Fail

Today the Appeals Court decided Markham v. Pittsfield Cellular Telephone Company (pdf), holding that the 90-day appeal period under M.G.L. c. 40A, § 17 for zoning appeals alleging procedural defects is not tolled where a zoning…more

Appeals, Urban Planning & Development, Zoning Board of Appeals, Zoning Laws

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District of Rhode Island Rules that Class Action Waivers are Not Enforceable Outside of Arbitration

Earlier this month, in Elsie Metcalfe v. Grieco Hyundai, LLC, the Rhode Island Federal District Court invalidated a class action waiver in an agreement without an arbitration clause that was therefore not subject to the Federal…more

Arbitration, Breach of Contract, Class Action, Federal Arbitration Act, Rhode Island

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Congress Passes New and Additional Business, Tax Relief Measures in COVID-19 Stimulus Bill

On Monday, December 21, Congress enacted a $900 billion stimulus package to support American workers and businesses impacted by COVID-19. This summary provides an overview of the business and tax relief measures contained in the…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Economic Stimulus, Employee Retention

See all updates »

Long-Awaited Tax Package Provides Some Relief from Archaic Massachusetts Estate Tax Laws

On October 4, 2023, Massachusetts Governor Maura Healey signed a historic tax relief package titled, “An Act to improve the Commonwealth’s competitiveness, affordability, and equity.” The tax package encompasses a wide range of…more

Estate Tax, Federal Taxes, Personal Property, Tax Relief

See all updates »

Massachusetts Commission Recommends Expediting Siting Processes for Clean Energy Projects

The Massachusetts Commission on Energy Infrastructure Siting and Permitting published its report making recommendations to Governor Maura Healey on clean energy infrastructure siting and permitting reform. Governor Healey…more

Clean Energy, Climate Action Plan, Energy Projects, Energy Reform, Energy Sector

See all updates »

Sixth Circuit Rejects Traditional Certification Process in FLSA Collective Actions, Deepening Circuit Court Divide

In Clark v. A&L Homecare & Training Ctr., LLC, 68 F.4th 1003 (6th Cir. 2023), the Sixth Circuit Court of Appeals recently created a new standard for its district courts to employ when determining whether to authorize notice in…more

Appeals, Certification Requirements, Collective Actions, Fair Labor Standards Act (FLSA), Preliminary Injunctions

See all updates »

Maine Law Court Provides Guidance Regarding Classification of Loans

In Franklin Savings Bank v. Bordick, issued on February 29, 2024, the Law Court reversed a decision of the Business and Consumer Docket (BCD) and remanded a personal property recovery judgment for further analysis regarding the…more

Affirmative Defenses, Disclosure Requirements, Guidance Update, Loan Documentation, Promissory Notes

See all updates »

COVID-19: Maine Governor Limits Evictions; Urges Banks and Credit Unions to Stop Foreclosures

On April 16, 2020, Maine Governor Janet Mills issued Executive Order 40 FY 19/20, which, together with The Maine Supreme Judicial Court’s Pandemic Management Order issued on March 18, 2020 (the law court order), is intended to…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Moratorium

See all updates »

COVID-19: New Hampshire Revises Universal Guidance for All Businesses (Updated September 9, 2020)

Last Updated September 9, 2020 As New Hampshire continues its phased reopening following COVID-19 business closures, new orders and sector-specific guidance place significant obligations on businesses with respect to employer…more

Coronavirus/COVID-19, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Health and Safety, Infectious Diseases

See all updates »

FTC Votes to Ban Non-Competition Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted along partisan lines to adopt its proposed “Non-Compete Clause Rule” banning outright virtually all non-competition agreements. Unless enjoined by a federal court, the…more

Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements, Non-Disclosure Agreement

See all updates »

U.S. SBA Corrects Rulemaking on Paycheck Protection Program Loans for Construction Businesses

In a whirlwind of legislation, rulemaking, guidance, and answers to FAQs on the CARES Act, inevitably confusion arose related to business eligibility for the Paycheck Protection Program’s (PPP)…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

See all updates »

President Biden Nominates Three FERC Commissioners

On February 29, 2024, President Biden nominated three new commissioners of the Federal Energy Regulatory Commission (“FERC”). The nominations will be reviewed and voted on by the Senate Energy and Natural Resources Committee and…more

FERC, Joe Biden, Presidential Nominations

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Keep Calm and Plan On: Estate & Gift Changes Ahead

The current federal unified estate and gift tax exemption of $11.7 million per person is set to automatically revert to approximately $6 million on January 1, 2026.  However, with a new president and rebalancing in the House and…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

See all updates »

Long-Awaited Tax Package Provides Some Relief from Archaic Massachusetts Estate Tax Laws

On October 4, 2023, Massachusetts Governor Maura Healey signed a historic tax relief package titled, “An Act to improve the Commonwealth’s competitiveness, affordability, and equity.” The tax package encompasses a wide range of…more

Estate Tax, Federal Taxes, Personal Property, Tax Relief

See all updates »

USCIS Begins Premium Processing for Remaining H-1B Cap-Subject Petitions

On June 10, 2019, USCIS began accepting premium processing requests for all remaining FY 2020 H-1B cap-subject petitions. Petitioners may now file a Form I-907, Request for Premium Processing Service with the USCIS service…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

See all updates »

Rhode Island Businesses Could Soon Receive Tax Relief

Rhode Island Senate leadership is backing legislation that would exempt the first $100,000 of tangible property from property taxation by municipalities. The tangible tax is currently levied on businesses for property other than…more

Business Taxes, Municipalities, Property Tax, Rhode Island, State and Local Government

See all updates »

Council on Environmental Quality Proposes Substantial Revisions to NEPA

The White House Council on Environmental Quality (CEQ) recently published a proposed rule that makes substantial revisions to the National Environmental Policy Act (NEPA) regulations, implementing the amendments directed by…more

Biden Administration, Climate Change, Department of Environmental Quality, Environmental Assessments, Environmental Impact Statements

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President Trump Signs New Bankruptcy Legislation – Is Relief from Questionable Bankruptcy Preference Claims In Sight?

On Friday, August 23, President Trump signed into law the “Small Business Reorganization Act of 2019.” The SBRA will take effect in February 2020 and, at long last, may provide some (although probably minimal) relief to…more

Bankruptcy Code, Bankruptcy Reform, Chapter 11, Chapter 7, Commercial Bankruptcy

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Q2 Update: New England and First Circuit Class Action Tracker

We are pleased to present our updates to the New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the First Circuit in New England…more

Class Action, Class Certification

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First Circuit Gives Green Light to ADA Suits Against Hotels Based on Booking Sites

On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the 1st Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast…more

Americans with Disabilities Act (ADA), Hotels, Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

See all updates »

Essential I-9 Updates: Video I-9 Document Review for Qualifying Employers, a New Form Version, and Wrapping-up COVID Form Compliance

The U.S. government has taken a huge leap forward this week in modernizing the Form I-9 process. Starting August 1, 2023, the Department of Homeland Security (DHS) will allow qualifying employers to review I-9 documents…more

Compliance, Coronavirus/COVID-19, Department of Homeland Security (DHS), Document Review, E-Verify

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EPA Designates Two PFAS as Hazardous Substances

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

See all updates »

Maine Office of Securities Enforcement Update

The Maine Office of Securities enforces Maine’s securities laws, licenses broker-dealers, broker-dealer agents, investment advisers, and investment adviser representatives, and reviews registration statements and exemption…more

Broker-Dealer, Cease and Desist Orders, Chapter 11, Consent Order, Cryptocurrency

See all updates »

Massachusetts Commission Recommends Expediting Siting Processes for Clean Energy Projects

The Massachusetts Commission on Energy Infrastructure Siting and Permitting published its report making recommendations to Governor Maura Healey on clean energy infrastructure siting and permitting reform. Governor Healey…more

Clean Energy, Climate Action Plan, Energy Projects, Energy Reform, Energy Sector

See all updates »

EPA Designates Two PFAS as Hazardous Substances

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

See all updates »

Rhode Island’s Amended Joint Tortfeasor Causes Increased Certainty in the Settlement of Multi-Party Negligence Matters

Anyone who has handled tort claims in Rhode Island, including personal injury and negligence matters, knows that the resolution of these claims is complicated by the presence of multiple defendants. These complications come by…more

Construction Industry, Construction Project, Contractors, General Contractors, Subcontractors

See all updates »

MassDEP Proposes Changes to Chapter 91 Regulations

Applicants for new/renewed licenses must address climate issues - The Massachusetts Department of Environmental Protection (MassDEP) is proposing regulatory revisions in response to the effects of a changing climate,…more

Climate Change, License Renewals, Licenses, MassDEP, Proposed Amendments

See all updates »

Long-Awaited Tax Package Provides Some Relief from Archaic Massachusetts Estate Tax Laws

On October 4, 2023, Massachusetts Governor Maura Healey signed a historic tax relief package titled, “An Act to improve the Commonwealth’s competitiveness, affordability, and equity.” The tax package encompasses a wide range of…more

Estate Tax, Federal Taxes, Personal Property, Tax Relief

See all updates »

New Hampshire Enacts Consumer Data Privacy Act

It’s official – New Hampshire has joined the procession of states across the nation (from California to Connecticut and many states in between) enacting broadly applicable consumer privacy laws…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Retention, Data Storage

See all updates »

Mass. High Court Clarifies Scope of New Zoning Act Bond Provision

The Supreme Judicial Court (SJC) last week gave real estate litigators an early holiday gift: an important, clarifying opinion on a recent amendment to Section 17 of M.G.L. c.. 40A (the Zoning Act), which governs appeals to…more

Affordable Housing, Housing Developers, Urban Planning & Development, Zoning Laws

See all updates »

Now is the Time to Appeal Excessive 2022 Rhode Island Commercial Property Tax Assessment

January 31, 2023 is the first of several deadlines that must be met in order to appeal your excessive property tax assessment. If you miss it, you will be foreclosed from bringing an appeal, or even effectively arguing that the…more

Commercial Property Owners, Property Owners, Property Tax, Property Valuation, Tax Appeals

See all updates »

DOL Proposes Major Expansion of Workers’ Overtime Eligibility

The rumors circulating since June 2021 have proven to be true: the U.S. Department of Labor (DOL) has proposed a rule that would substantially increase the salary basis threshold for exempt employees. As a reminder,…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Minimum Salary

See all updates »

Federal: SBA Issues Guidance on Paycheck Protection Program - UPDATE

The Small Business Administration (SBA) and U.S. Treasury have once again updated their Frequently Asked Questions (FAQs), revising their April 6 guidance for borrowers and lenders. The SBA has made it clear that the U.S…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

See all updates »

FTC Votes to Ban Non-Competition Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted along partisan lines to adopt its proposed “Non-Compete Clause Rule” banning outright virtually all non-competition agreements. Unless enjoined by a federal court, the…more

Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements, Non-Disclosure Agreement

See all updates »

New Hampshire Enacts Consumer Data Privacy Act

It’s official – New Hampshire has joined the procession of states across the nation (from California to Connecticut and many states in between) enacting broadly applicable consumer privacy laws…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Retention, Data Storage

See all updates »

Maine Tax Changes Following End of COVID-19 State of Emergency

On June 30, 2021, Maine Revenue Services (MRS) published a Tax Alert describing changes to COVID-19 tax relief programs following the end of Maine’s state of civil emergency, also on June 30. Below is a summary of the key…more

Coronavirus/COVID-19, Income Taxes, Property Tax, Sales & Use Tax, State Taxes

See all updates »

EPA Finalizes Stringent Drinking Water Standards for Five PFAS Chemicals

On April 10, 2024, the Environmental Protection Agency (EPA) issued the first ever National Primary Drinking Water Regulations (NPDWRs), which are legally enforceable national standards, setting limits for five individual PFAS…more

Drinking Water, Environmental Protection Agency (EPA), New Rules, PFAS, Safety Standards

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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