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

See All Updates »

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

See All Updates »

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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Massachusetts Unveils Limited Amnesty Program

Beginning March 16, 2015, the Massachusetts Department of Revenue is offering an aptly described “limited” amnesty program for taxpayers with certain tax liabilities. Technical Information Release 15-2…more

Department of Revenue, Tax Amnesty

See All Updates »

EPA Amends All Appropriate Inquiries Rule To Clarify Best Practices

The EPA has amended its "All Appropriate Inquiries" Rule (AAI Rule) to reference the recently published ASTM International E1527–13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment…more

ASTM, CERCLA, Contaminated Properties, Environmental Assessments, EPA

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The Road Ahead: Privacy and Cybersecurity in 2015

2014 has been called the “Year of the Data Breach.”  In the wake of many high-profile data breaches, including the recent Sony breach, 2015 promises a continued focus on privacy and cybersecurity issues. This week, President…more

Cybersecurity, Data Breach, FTC, Information Sharing, LabMD

See All Updates »

Massachusetts Unveils Limited Amnesty Program

Beginning March 16, 2015, the Massachusetts Department of Revenue is offering an aptly described “limited” amnesty program for taxpayers with certain tax liabilities. Technical Information Release 15-2…more

Department of Revenue, Tax Amnesty

See All Updates »

Unions Can Now Use Your Email to Organize Your Workforce

The Prior Rule - The NLRB held in its 2007 Register Guard decision that employers could prohibit the use of company email for non-business purposes, including engaging in concerted protected activity. Arguing that this…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

See All Updates »

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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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

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

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Water, Water everywhere …

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC…more

Clean Water Act, Critical Habitat, Dams, ESA, Habitat Conservation Plan

See All Updates »

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

See All Updates »

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

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

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. Democrats Take their Budget Plan on the Road While Governor Pushes For Constitutional Amendment…more

Affordable Care Act, Energy Efficiency, Governor LePage, Healthcare, Minimum Wage

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 »

Maine DEP Finalizes Amendments to Revamp Solid Waste Rules

We recently reported on the Maine Department of Environmental Protection’s (DEP) numerous proposed changes to Maine’s solid waste rules. These changes were proposed largely in response to legislation passed during the past few…more

Department of Environmental Protection, Proposed Amendments, Rulemaking Process, Solid Waste, Waste Management

See All Updates »

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

See All Updates »

Massachusetts Unveils Limited Amnesty Program

Beginning March 16, 2015, the Massachusetts Department of Revenue is offering an aptly described “limited” amnesty program for taxpayers with certain tax liabilities. Technical Information Release 15-2…more

Department of Revenue, Tax Amnesty

See All Updates »

Unions Can Now Use Your Email to Organize Your Workforce

The Prior Rule - The NLRB held in its 2007 Register Guard decision that employers could prohibit the use of company email for non-business purposes, including engaging in concerted protected activity. Arguing that this…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

See All Updates »

2013 Summary Of New Maine Laws & Carried Over Legislation

As an on-going service to our clients, Pierce Atwood is pleased to provide this updated summary of selected new Maine laws enacted during the 126th Maine Legislature’s 1st Regular Session and 1st Special Session, as well as…more

Legislative Agendas, New Legislation

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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 DEP Finalizes Amendments to Revamp Solid Waste Rules

We recently reported on the Maine Department of Environmental Protection’s (DEP) numerous proposed changes to Maine’s solid waste rules. These changes were proposed largely in response to legislation passed during the past few…more

Department of Environmental Protection, Proposed Amendments, Rulemaking Process, Solid Waste, Waste Management

See All Updates »

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

See All Updates »

U.S. Supreme Court Decides Trademark Tacking is Issue for Jury

On January 21, 2015, the Supreme Court ruled in Hana Financial, Inc. v. Hana Bank that the issue of whether two trademarks may be “tacked” for purposes of determining a priority claim is a question for the jury…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

See All Updates »

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

See All Updates »

Maine DEP Revises Universal Waste Rules, Adds Regulations for Architectural Paint

In March, the Maine Department of Environmental Protection (DEP) revised the state’s hazardous waste and universal waste regulations, based on a fall 2014 proposal.  There are several particularly important changes to the…more

Amended Regulation, Hazardous Waste, recycl

See All Updates »

The Road Ahead: Privacy and Cybersecurity in 2015

2014 has been called the “Year of the Data Breach.”  In the wake of many high-profile data breaches, including the recent Sony breach, 2015 promises a continued focus on privacy and cybersecurity issues. This week, President…more

Cybersecurity, Data Breach, FTC, Information Sharing, LabMD

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 »

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

See All Updates »

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

See All Updates »

FERC Proposes Creating Frequency Response Market

The Federal Energy Regulatory Commission (FERC) recently issued a Notice of Proposed Rulemaking proposing to revise its regulations to foster competition in the sale of primary frequency response service.  FERC seeks comments by…more

FERC, Market Based Approach, NPRM, Proposed Amendments, Transmission Planning

See All Updates »

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

See All Updates »

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

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

See All Updates »

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

See All Updates »

Massachusetts Unveils Limited Amnesty Program

Beginning March 16, 2015, the Massachusetts Department of Revenue is offering an aptly described “limited” amnesty program for taxpayers with certain tax liabilities. Technical Information Release 15-2…more

Department of Revenue, Tax Amnesty

See All Updates »

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

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. Democrats Take their Budget Plan on the Road While Governor Pushes For Constitutional Amendment…more

Affordable Care Act, Energy Efficiency, Governor LePage, Healthcare, Minimum Wage

See All Updates »

Maine Supreme Court Affirms Broad Review Powers for BEP in Clearing Way for Wind Project

The Maine Supreme Judicial Court (the Law Court) recently issued an important decision that confirms the broad authority of the Maine Board of Environmental Protection (BEP) to review decisions of the Commissioner of the Maine…more

Department of Environmental Protection, Energy, Energy Policy, Environmental Policies, Wind Power

See All Updates »

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

See All Updates »

Maine Court Upholds Award Of Workers’ Comp - Cautionary Case For Employers That Allow Employees To Work At Home

Presumption of Causation – In Estate of Sullwold v Salvation Army, the court confirmed that in case of death – even when working at home – there is a rebuttable presumption that the death was caused by work, provided…more

Causation, Corporate Counsel, Employer Liability Issues, Rebuttable Presumptions, Workers Compensation Awards

See All Updates »

Massachusetts Unveils Limited Amnesty Program

Beginning March 16, 2015, the Massachusetts Department of Revenue is offering an aptly described “limited” amnesty program for taxpayers with certain tax liabilities. Technical Information Release 15-2…more

Department of Revenue, Tax Amnesty

See All Updates »

Massachusetts Unveils Limited Amnesty Program

Beginning March 16, 2015, the Massachusetts Department of Revenue is offering an aptly described “limited” amnesty program for taxpayers with certain tax liabilities. Technical Information Release 15-2…more

Department of Revenue, Tax Amnesty

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 »

For-Profit Corporations Can Object to Federal Laws on Religious Grounds

The United Statutes Supreme Court’s recent Hobby Lobby decision holds that for-profit closely held corporations can object, on the basis of sincerely held religious beliefs, to the contraception mandate imposed by the Patient…more

Affordable Care Act, Burwell v Hobby Lobby, Closely Held Businesses, Contraceptive Coverage Mandate, Healthcare

See All Updates »

Maine DEP Revises Universal Waste Rules, Adds Regulations for Architectural Paint

In March, the Maine Department of Environmental Protection (DEP) revised the state’s hazardous waste and universal waste regulations, based on a fall 2014 proposal.  There are several particularly important changes to the…more

Amended Regulation, Hazardous Waste, recycl

See All Updates »

Massachusetts Unveils Limited Amnesty Program

Beginning March 16, 2015, the Massachusetts Department of Revenue is offering an aptly described “limited” amnesty program for taxpayers with certain tax liabilities. Technical Information Release 15-2…more

Department of Revenue, Tax Amnesty

See All Updates »

Amending Your Bylaws to Mitigate the Cost of Shareholder Litigation: Fee-shifting and forum selection provisions

Shareholder litigation is on the rise, increasing the cost of doing business; and companies often face litigation on multiple fronts, further increasing litigation exposure. In 2013, 94 percent of M&A deals were challenged by…more

ATP Tours, Fee-Shifting Statutes, Forum Selection Clause, Shareholder Litigation, Shareholders

See All Updates »

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

See All Updates »

Massachusetts Unveils Limited Amnesty Program

Beginning March 16, 2015, the Massachusetts Department of Revenue is offering an aptly described “limited” amnesty program for taxpayers with certain tax liabilities. Technical Information Release 15-2…more

Department of Revenue, Tax Amnesty

See All Updates »

Maine DEP Finalizes Amendments to Revamp Solid Waste Rules

We recently reported on the Maine Department of Environmental Protection’s (DEP) numerous proposed changes to Maine’s solid waste rules. These changes were proposed largely in response to legislation passed during the past few…more

Department of Environmental Protection, Proposed Amendments, Rulemaking Process, Solid Waste, Waste Management

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

See All Updates »

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

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

See All Updates »

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

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

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

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 »

New FEMA Flood Zone Maps: Is Your Property About To Be Included In A High Risk Zone?

The Federal Emergency Management Agency (FEMA) is set to finalize new flood zone maps for the coastal areas of New England in the next few weeks. On many of these new maps, coastal flood zones are likely to shift, putting many…more

Disaster Preparedness, FEMA, Flood Zones

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 »

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

See All Updates »

DOMA Undone

Signed into law in 1996, the Defense of Marriage Act, known as DOMA, defined “marriage” for purposes of federal law as a union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex…more

DOMA, Due Process, Equal Protection, Estate Planning, Estate Tax

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Contact

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

  • 207.791.1100
  • 207.791.1350

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
  • 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
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • D.C.
  • Maine
  • Massachusetts
  • New Hampshire
  • Rhode Island
Other Countries
  • Sweden
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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