Pierce Atwood LLP

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Merrill's Wharf
254 Commercial Street
Portland, ME 04101, United States
Phone: 207.791.1100
Fax: 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

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, CMS, Competition

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 »

Trying Times for Secondary Market for Consumer Debts

Those engaged in the business of selling consumer debt or of purchasing delinquent consumer debt for collection purposes are well-advised to take heed of the recent developments on the judicial and legislative fronts that have…more

Automotive Loans, Consumer Financial Products, Consumer Lenders, Debt Buyers, Debt Collection

See all updates »

MassDEP Issues New Regulations to Reduce GHG Emissions

Last week, the Massachusetts Department of Environmental Protection (MassDEP) promulgated final regulations to ensure that the Commonwealth will meet the 2020 statewide greenhouse gas (GHG) emissions limits mandated by the 2008…more

Carbon Emissions, Clean Energy, Department of Environmental Protection, Electricity, Energy Policy

See all updates »

Rhode Island Passes Legislation to Streamline Approval Process for Renewable Energy Projects

Following our client alert several days ago concerning the Rhode Island General Assembly’s consideration of legislation designed to streamline the approval process for renewable energy projects, we can report that the governor…more

Energy Policy, Energy Sector, New Legislation, Renewable Energy, Solar Energy

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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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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Maine Court Declines to Follow Textron; Work Product Rule Protects Tax Accrual Work Papers

In a well-reasoned decision, Maine Superior Court Justice Michaela Murphy refused to grant the State Tax Assessor’s motion to compel deposition testimony relating to the taxpayer’s tax accrual (FIN 48) work papers and related…more

Corporate Taxes, Depositions, Kraft, Motion to Compel, Tax Accrual Workpapers

See all updates »

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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Maine Court Declines to Follow Textron; Work Product Rule Protects Tax Accrual Work Papers

In a well-reasoned decision, Maine Superior Court Justice Michaela Murphy refused to grant the State Tax Assessor’s motion to compel deposition testimony relating to the taxpayer’s tax accrual (FIN 48) work papers and related…more

Corporate Taxes, Depositions, Kraft, Motion to Compel, Tax Accrual Workpapers

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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Comprehensive Massachusetts Bill Enacted to Drive Energy Storage and Offshore Wind Generation Resources

Recently, Massachusetts Governor Charlie Baker signed into law an omnibus energy bill H.4568 that will provide Massachusetts electricity customers with the benefit of electricity produced by offshore wind and hydropower…more

Clean Energy, Electricity, Energy Sector, Hydropower, New Legislation

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Island Means Island: Pierce Atwood Successfully Defends Against Tribal Claim to Control State Waters

In 1980, the State of Maine, Congress, and Maine tribes entered into Settlement Acts to resolve claims that the tribes owned two-thirds of the State. In return for, among other things, federal recognition and money, the tribes…more

Groundwater, Groundwater Management Plan, Native American Issues, Natural Resources, Tribal Lands

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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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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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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

Legislature Sustains Governor's Veto of Marijuana Implementation Legislation - On Monday, November 6, the Legislature met for the second day of the Special Session to take up the Governor’s veto of the marijuana…more

Affordable Care Act, Ballot Measures, Decriminalization of Marijuana, Governor LePage, Governor Vetoes

See all updates »

USCIS Issues Policy Memorandum Defining L-1A and EB-1 “Function Managers”

USCIS has issued a policy memorandum designating the decision of the Administrative Appeals Office in Matter of G- Inc. as policy guidance that applies to and binds all USCIS employees…more

Administrative Appeal Office, Administrative Appeals, EB-1, L-1A, Managers

See all updates »

Massachusetts EDCs Issue New RFP For 100 MW Of New Solar PV Generation; Bids Due December 5

The Massachusetts electric distribution companies (EDCs), in consultation with the Department of Energy Resources (DOER) have issued a new request for proposals (RFP) seeking offers from eligible solar photovoltaic (Solar PV)…more

Bid Solicitation, Bids, Clean Energy, Competitive Bidding, Energy Sector

See all updates »

LUPC Proposes New Rules Allowing Grid-Scale Solar Facilities

Responding to increasing interest in developing grid-scale solar farms in Maine’s unorganized territory, the Land Use Planning Commission (LUPC) yesterday proposed a rulemaking to allow development of grid-scale solar energy…more

Comment Period, Electric Generation Suppliers, Energy Projects, Energy Sector, Power Grid

See all updates »

A New Justice: Any Change For Class Actions?

This week, Justice Gorsuch donned his black robes and began hearing arguments alongside his new colleagues on the Supreme Court. With his elevation to the high court, Justice Gorsuch assumes many new responsibilities. Some, of…more

Class Action, Judicial Appointments, Neil Gorsuch, SCOTUS, Trump Administration

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Maine to Require Collection of Sales and Use Tax from Remote Sellers

The state of Maine has waded into uncharted territory with the passage of a law that requires out-of-state sellers to collect Maine sales and use tax on their sales into Maine even if they do not have a physical presence in the…more

Governor LePage, Governor Vetoes, New Legislation, Sales & Use Tax, State Budgets

See all updates »

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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What You Need to Know About U.S. Law: You Really Need to Register Your Copyrights

As explained by the United States Supreme Court in Reed Elsevier, Inc. v. Muchnick, registering a copyright is an essential element of a cause of action for copyright infringement. Lesser appellate and trial courts have…more

Copyright, Copyright Infringement, Copyright Registration, DMCA, Intellectual Property Protection

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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

See all updates »

Consumer Financial Services Arbitration: Another Perspective

Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I have…more

Arbitration, Arbitration Agreements, AT&T Mobility v Concepcion, Banking Sector, CFPB

See all updates »

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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Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the…more

Antitrust Litigation, Antitrust Provisions, Article III, Competition, Discovery

See all updates »

LUPC Proposes New Rules Allowing Grid-Scale Solar Facilities

Responding to increasing interest in developing grid-scale solar farms in Maine’s unorganized territory, the Land Use Planning Commission (LUPC) yesterday proposed a rulemaking to allow development of grid-scale solar energy…more

Comment Period, Electric Generation Suppliers, Energy Projects, Energy Sector, Power Grid

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 Hazardous Waste Rules Updated for Exempt Solvent-Contaminated Wipes

The State of Maine Department of Environmental Protection (MEDEP) just amended its rules to formally include an exemption for “solvent-contaminated wipes,” putting to bed a long-standing question of how solvent-contaminated…more

Environmental Policies, EPA, Final Rules, Hazardous Waste, Solvents

See all updates »

EU-U.S. Privacy Shield – Its Origins and the High Bar It Must Meet

To predict the Privacy Shield’s future, it’s helpful to recall its origins and to understand the high bar it must meet – namely, ensuring “an adequate level of protection” under the Data Protection Directive. …more

CJEU, Data Security, Edward Snowden, EU, EU Cybersecurity Directives

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FERC Can Reprise 1993 Delegation Order to Address Quorum Issues

The Federal Energy Regulatory Commission (FERC) will be left without a quorum when Commissioner Norman Bay’s resignation becomes official on February 3, 2017 and FERC’s ability to issue orders will be limited until the…more

Administrative Resignation, Energy Sector, Federal Power Act, FERC, Natural Gas Act

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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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Massachusetts EDCs Issue New RFP For 100 MW Of New Solar PV Generation; Bids Due December 5

The Massachusetts electric distribution companies (EDCs), in consultation with the Department of Energy Resources (DOER) have issued a new request for proposals (RFP) seeking offers from eligible solar photovoltaic (Solar PV)…more

Bid Solicitation, Bids, Clean Energy, Competitive Bidding, Energy Sector

See all updates »

Ninth Circuit Widens Circuit Split on Ascertainability in Briseno v. ConAgra Foods, Inc.

On this blog, we have previously written about the growing split among the federal circuits concerning courts’ approaches to ascertainability. The Third Circuit, in a string of cases within the last five years, adopted a test…more

Ascertainable Class, Class Action, Class Certification, ConAgra, Rule 23

See all updates »

Trying Times for Secondary Market for Consumer Debts

Those engaged in the business of selling consumer debt or of purchasing delinquent consumer debt for collection purposes are well-advised to take heed of the recent developments on the judicial and legislative fronts that have…more

Automotive Loans, Consumer Financial Products, Consumer Lenders, Debt Buyers, Debt Collection

See all updates »

DOJ/FTC Joint Guidance for Human Resources Professionals Suggests Broad Antitrust Risks

Provisions restricting the hiring of another company’s employees are often included in vendor agreements and a variety of corporate transactions and licenses. And it’s not unusual to see similar constraints adopted in…more

Antitrust Provisions, DOJ, FTC, Healthcare, Hiring & Firing

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The New 2017 AIA Contract Forms Add Exhibit A Requiring Greater Specificity in Contractually Required Insurance

In negotiating contracts based on the AIA’s widely-used construction industry forms, construction owners and contractors will soon start seeing the AIA’s new seven-page Insurance “Exhibit A,” which requires a more comprehensive…more

AIA Construction Forms, Commercial General Liability Policies, Construction Contracts, Construction Industry, Contract Terms

See all updates »

Rhode Island Passes Legislation to Streamline Approval Process for Renewable Energy Projects

Following our client alert several days ago concerning the Rhode Island General Assembly’s consideration of legislation designed to streamline the approval process for renewable energy projects, we can report that the governor…more

Energy Policy, Energy Sector, New Legislation, Renewable Energy, Solar Energy

See all updates »

Under The Dome: Inside The Maine State House

Legislature Sustains Governor's Veto of Marijuana Implementation Legislation - On Monday, November 6, the Legislature met for the second day of the Special Session to take up the Governor’s veto of the marijuana…more

Affordable Care Act, Ballot Measures, Decriminalization of Marijuana, Governor LePage, Governor Vetoes

See all updates »

LUPC Proposes New Rules Allowing Grid-Scale Solar Facilities

Responding to increasing interest in developing grid-scale solar farms in Maine’s unorganized territory, the Land Use Planning Commission (LUPC) yesterday proposed a rulemaking to allow development of grid-scale solar energy…more

Comment Period, Electric Generation Suppliers, Energy Projects, Energy Sector, Power Grid

See all updates »

Trying Times for Secondary Market for Consumer Debts

Those engaged in the business of selling consumer debt or of purchasing delinquent consumer debt for collection purposes are well-advised to take heed of the recent developments on the judicial and legislative fronts that have…more

Automotive Loans, Consumer Financial Products, Consumer Lenders, Debt Buyers, Debt Collection

See all updates »

CAFA, PART II?

In February 2017, Representative Goodlatte introduced the Fairness in Class Action Litigation Act of 2017. The Act, as with its 2015 predecessor, covers a lot of ground. It permits certification of damages classes only where…more

Appeals, CAFA, Class Action, Class Certification, Disclosure Requirements

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USCIS Issues Policy Memorandum Defining L-1A and EB-1 “Function Managers”

USCIS has issued a policy memorandum designating the decision of the Administrative Appeals Office in Matter of G- Inc. as policy guidance that applies to and binds all USCIS employees…more

Administrative Appeal Office, Administrative Appeals, EB-1, L-1A, Managers

See all updates »

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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Supreme Court Lowers Burden in Insider Trading Prosecutions

On December 6, 2016, the U.S. Supreme Court issued its first insider trading decision in nearly two decades unanimously affirming the Ninth Circuit and holding that an insider’s “gift” of confidential information to a “trading…more

Confidential Information, Dirks v SEC, Financial Markets, Illegal Tipping, Insider Trading

See all updates »

Rhode Island Passes Legislation to Streamline Approval Process for Renewable Energy Projects

Following our client alert several days ago concerning the Rhode Island General Assembly’s consideration of legislation designed to streamline the approval process for renewable energy projects, we can report that the governor…more

Energy Policy, Energy Sector, New Legislation, Renewable Energy, Solar Energy

See all updates »

When Is A Park Constitutionally Protected Parkland? Mass. SJC Re-Examines Test Under Article 97

In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected by…more

Conservation, MA Supreme Judicial Court, Municipalities, Public Parks, Urban Planning & Development

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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 Judicial Court, Motor Vehicles, Sales & Use Tax

See all updates »

Massachusetts EDCs Issue New RFP For 100 MW Of New Solar PV Generation; Bids Due December 5

The Massachusetts electric distribution companies (EDCs), in consultation with the Department of Energy Resources (DOER) have issued a new request for proposals (RFP) seeking offers from eligible solar photovoltaic (Solar PV)…more

Bid Solicitation, Bids, Clean Energy, Competitive Bidding, Energy Sector

See all updates »

Maine Hazardous Waste Rules Updated for Exempt Solvent-Contaminated Wipes

The State of Maine Department of Environmental Protection (MEDEP) just amended its rules to formally include an exemption for “solvent-contaminated wipes,” putting to bed a long-standing question of how solvent-contaminated…more

Environmental Policies, EPA, Final Rules, Hazardous Waste, Solvents

See all updates »

Mass. Appeals Court Rebuffs Mortgagee’s Novel Bid For Equitable Subrogation

In its decision yesterday in Wells Fargo Bank v. Comeau, the Massachusetts Appeals Court rejected the plaintiff mortgagee’s attempt to use the doctrine of equitable subrogation in a novel way: to impose on a surviving wife the…more

Appeals, Banking Sector, Equitable Subrogation, Mortgages, Real Estate Market

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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 Judicial Court, Motor Vehicles, Sales & Use Tax

See all updates »

The New 2017 AIA Contract Forms Add Exhibit A Requiring Greater Specificity in Contractually Required Insurance

In negotiating contracts based on the AIA’s widely-used construction industry forms, construction owners and contractors will soon start seeing the AIA’s new seven-page Insurance “Exhibit A,” which requires a more comprehensive…more

AIA Construction Forms, Commercial General Liability Policies, Construction Contracts, Construction Industry, Contract Terms

See all updates »

Alternative Duties for Alternative Entities: High Court Allows LLC and LLP Managers to Limit or Waive Fiduciary Duties

The nation’s leading forum for business and shareholder disputes recently confirmed that alternative entities such as limited liability companies (LLCs), limited partnerships (LPs) and master limited partnerships (MLPs) can…more

Appeals, Conflicts of Interest, Contract Terms, Covenant of Good Faith and Fair Dealing, DE Supreme Court

See all updates »

Romulus v. CVS Pharmacy, Inc.: Meal Periods, Ascertainability, and the Importance of Removal

In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically, the…more

CAFA, Class Certification, CVS, Employer Liability Issues, Employment Litigation

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Workplace Wellness Program Incentives Under Fire - Again

For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor of…more

AARP, ADA, Affordable Care Act, Discrimination, EEOC

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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 Judicial Court, Motor Vehicles, Sales & Use Tax

See all updates »

Maine DEP Plans to Tighten Opacity Standards in Response to EPA SIP Call

You think maintaining compliance with opacity standards is a challenge now – just wait. As anyone who has started a campfire knows, opacity (the density of the smoke) tends to be high when starting and ending fuel burning, as…more

Air Pollution, Biomass, Boilers, Carbon Emissions, Comment Period

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Court In FERC V. Barclays Bank PLC Interprets Statute Of Limitations Applicable To FERC Enforcement Actions

In Federal Energy Regulatory Commission v. Barclays Bank PLC, et al. (Barclays Bank), the U.S. District Court for the Eastern District of California (the court) has granted a motion for judgment on the pleadings of defendant…more

Anti-Manipulation Rule, Banking Sector, Barclays, Enforcement Actions, Federal Power Act

See all updates »

Proposed Changes to Rule 23: Electronic Notice and Efforts to Curb Abuses in Settlement Objection Process

On this blog, we previously wrote about the Fairness in Class Action Litigation Act of 2017, and identified its potential to bring significant changes to class action practice. That Act was passed by the House on March 9, 2017,…more

Class Action, Notice Requirements, Proposed Amendments, Rule 23, Settlement

See all updates »

Under The Dome: Inside The Maine State House

Legislature Sustains Governor's Veto of Marijuana Implementation Legislation - On Monday, November 6, the Legislature met for the second day of the Special Session to take up the Governor’s veto of the marijuana…more

Affordable Care Act, Ballot Measures, Decriminalization of Marijuana, Governor LePage, Governor Vetoes

See all updates »

Alternative Duties for Alternative Entities: High Court Allows LLC and LLP Managers to Limit or Waive Fiduciary Duties

The nation’s leading forum for business and shareholder disputes recently confirmed that alternative entities such as limited liability companies (LLCs), limited partnerships (LPs) and master limited partnerships (MLPs) can…more

Appeals, Conflicts of Interest, Contract Terms, Covenant of Good Faith and Fair Dealing, 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

See all updates »

Court In FERC V. Barclays Bank PLC Interprets Statute Of Limitations Applicable To FERC Enforcement Actions

In Federal Energy Regulatory Commission v. Barclays Bank PLC, et al. (Barclays Bank), the U.S. District Court for the Eastern District of California (the court) has granted a motion for judgment on the pleadings of defendant…more

Anti-Manipulation Rule, Banking Sector, Barclays, Enforcement Actions, Federal Power Act

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 »

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 »

Supreme Court Lowers Burden in Insider Trading Prosecutions

On December 6, 2016, the U.S. Supreme Court issued its first insider trading decision in nearly two decades unanimously affirming the Ninth Circuit and holding that an insider’s “gift” of confidential information to a “trading…more

Confidential Information, Dirks v SEC, Financial Markets, Illegal Tipping, Insider Trading

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 Focus on Boatyards and Marinas Continues

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing focus…more

Clean Air Act, Discharge of Pollutants, Environmental Policies, EPA, General Permit

See all updates »

Senate Committee Hearing on FERC Nominees

Last week the Senate Committee on Energy and Natural Resources held a hearing to consider the nominations of Robert Powelson and Neil Chatterjee to serve as Commissioners of FERC. Mr. Powelson is currently a Pennsylvania Public…more

Administrative Appointments, Clean Energy, Critical Infrastructure Sectors, Energy Sector, FERC

See all updates »

MPUC to Disburse up to $2.5 Million from RGGI Trust Fund: Applications Due August 10

The Maine Public Utilities Commission (MPUC) is seeking applications from eligible Maine energy intensive manufacturing businesses for disbursements from Maine’s Regional Greenhouse Gas Initiative (RGGI) Trust Fund to off-set…more

Applications, Electricity, Greenhouse Gas Emissions, Public Utilities Commission, RGGI

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

See all updates »

“We’re Listening” – CMS Issues Final Rule For Year 2 Of The Quality Payment Program And Highlights Efforts To Continue Flexibilities And Reduce Clinical Burdens

On November 2, 2017, CMS issued the final rule with comment for the second year (2018) of the Quality Payment Program as well as an interim final rule. Continuing with its theme of a CMS that is “listening to feedback,” CMS…more

Alternative Payment Models (APM), CMS, Health Care Providers, Medicare, Medicare Access and CHIP Reauthorization (MACRA)

See all updates »

Trying Times for Secondary Market for Consumer Debts

Those engaged in the business of selling consumer debt or of purchasing delinquent consumer debt for collection purposes are well-advised to take heed of the recent developments on the judicial and legislative fronts that have…more

Automotive Loans, Consumer Financial Products, Consumer Lenders, Debt Buyers, Debt Collection

See all updates »

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