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
  • Worker’s Compensation
  • Zoning, Planning & Land Use
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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 »

The Defend Trade Secrets Act: Five Key Lessons

Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. …more

Confidential Information, Defend Trade Secrets Act (DTSA), Employer Liability Issues, Ex Parte, Intellectual Property Protection

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 »

Rhode Island Issues New RFP for 400 MW of Renewable Energy; Bid Submissions Due October 2018

National Grid, Rhode Island’s largest electric distribution company, has issued a request for proposals (RFP) for 10 - 15-year contracts for up to 400 MW of nameplate capacity of renewable energy and renewable energy…more

Competitive Bidding, Critical Infrastructure Sectors, Electricity, Energy Sector, Public Projects

See all updates »

Appeals Court Interprets Chapter 91 License As Extending Private Way Over Lawfully Filled Land

The Appeals Court’s recent decision in Maslow v. O’Connor at first glance appears straightforward. The holding reiterates a familiar tenet of Chapter 91 licensing – that a Chapter 91 license doesn’t affect pre-existing property…more

Appeals, Easements, Navigable Waters, Real Estate Development, Regulatory Oversight

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Pitch Perfect - Creating a Compelling Story for Investors

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

Business Plans, Capital Raising, Investors, Young Lawyers

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Under the Dome: 2014 Maine Election Edition

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

Election Results, Legislative Agendas

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Maine Revenue Services Alerts Taxpayers That Amended 2017 Returns May Be Required

Maine Revenue Services (MRS) issued guidance late last week responding to the state’s recently-enacted tax conformity legislation…more

Income Taxes, Internal Revenue Code (IRC), Local Taxes, New Guidance, SALT

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

See all updates »

Maine Legislature Passes Tax Conformity Legislation - Now Awaits Governor’s Signature

In a special session, the Maine legislature passed tax conformity legislation on August 30, 2018, after having failed to pass this legislation prior to its spring adjournment. The legislation is now on the Governor’s desk…more

Corporate Taxes, Estate Tax, GILTI tax, Income Taxes, Legislative Agendas

See all updates »

Maine Revenue Services Alerts Taxpayers That Amended 2017 Returns May Be Required

Maine Revenue Services (MRS) issued guidance late last week responding to the state’s recently-enacted tax conformity legislation…more

Income Taxes, Internal Revenue Code (IRC), Local Taxes, New Guidance, SALT

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

See all updates »

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

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

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

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. Ethics Commission Disburses Funds to Clean Elections Candidates despite Biennial Budget Typo..…more

Ballot Measures, Bonds, Child Abuse, Child Protection Laws, Disbursement Issues

See all updates »

BALCA Upholds Denial Of Labor Certifications Based On Undisclosed Alternative Minimum Job Requirements

In a pair of decisions, the Board of Alien Labor Certification Appeals found that omitting to disclose alternative minimum job requirements does not sufficiently apprise U.S. workers of a job opportunity and will, therefore,…more

Administrative Appeals, BALCA, Foreign Nationals, Job Descriptions, Labor Certifications

See all updates »

Rhode Island Issues New RFP for 400 MW of Renewable Energy; Bid Submissions Due October 2018

National Grid, Rhode Island’s largest electric distribution company, has issued a request for proposals (RFP) for 10 - 15-year contracts for up to 400 MW of nameplate capacity of renewable energy and renewable energy…more

Competitive Bidding, Critical Infrastructure Sectors, Electricity, Energy Sector, Public Projects

See all updates »

Maine BEP Adopts Mixed Bag Of Beneficial Use Rule Revisions; Requires License Modifications

On May 17, 2018, after a lengthy and tortuous rulemaking that included substantive review and authorization by the Legislature, but only if certain changes were made, the Board of Environmental Protection adopted several…more

Environmental Policies, Hazardous Substances, Solid Waste, State and Local Government, Waste Management

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In re Asacol Antitrust Litigation – An Antidote To In re Nexium And “Ascertainability-By-Affidavit”

When last I wrote about ascertainability, I noted that a debate over the propriety of “ascertainability-by-affidavit” continued to percolate within the First Circuit even as lower courts relied on In re Nexium Antitrust…more

Anti-Competitive, Antitrust Provisions, Ascertainable Class, Class Action, Class Certification

See all updates »

Maine Revenue Services Alerts Taxpayers That Amended 2017 Returns May Be Required

Maine Revenue Services (MRS) issued guidance late last week responding to the state’s recently-enacted tax conformity legislation…more

Income Taxes, Internal Revenue Code (IRC), Local Taxes, New Guidance, SALT

See all updates »

Maine Recreational Marijuana Statute Answers Some Questions For Employers But Raises Others

After more than a year of political wrangling, on May 2, 2018, the Maine Legislature overrode a second veto by Governor LePage and enacted the Marijuana Legalization Act…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Discrimination, Employment Policies, Governor LePage

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

See all updates »

The Defend Trade Secrets Act: Five Key Lessons

Courts will refuse to grant trade secret protection under the Defend Trade Secret Act (DTSA) when an employer has not taken certain basic precautions to create and maintain the secrecy of the subject information. …more

Confidential Information, Defend Trade Secrets Act (DTSA), Employer Liability Issues, Ex Parte, Intellectual Property Protection

See all updates »

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 »

SCOTUS Resolves Circuit Split Regarding American Pipe Tolling

In an opinion authored by Justice Ginsburg and joined by all of the Justices (though with only a concurrence from Justice Sotomayor), the Supreme Court today ruled that its 1974 ruling in American Pipe & Constr. Co. v. Utah does…more

Appeals, China Agritech Inc v Resh, Class Action, Class Certification, Class Members

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

See all updates »

DEP Proposes New Approach To Visible Emissions (Opacity) Regulation

The Maine Department of Environmental Protection (DEP) recently proposed extensive changes to its Visible Emissions Regulation (Chapter 101) that may impact a facility’s ability to remain in compliance…more

Biomass, Comment Period, Department of Environmental Protection, Discharge of Pollutants, Environmental Policies

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 »

National e-Manifest System For Hazardous Waste Manifesting And Tracking To Launch On June 30

On Saturday, June 30, 2018, the U.S. Environmental Protection Agency (EPA) anticipates launching a new national system for tracking hazardous waste shipments electronically. Known as “e-Manifest,” this system is an attempt to…more

Environmental Policies, EPA, Hazardous Waste, Shipping, Waste Disposal

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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

See all updates »

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

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 »

FERC Commissioner Rob Powelson Announces Departure

Last week, Commissioner Rob Powelson announced that he will be leaving the Federal Energy Regulatory Commission (FERC) in mid-August to become the President and CEO of the National Association of Water Companies…more

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

See all updates »

Federal District Courts Tackle Application of Bristol-Myers Squibb Co. v. Superior Court to Class Actions

In June 2017, we wrote about the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) and how it would likely affect attempts by plaintiffs to pursue multi-state or nationwide class…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Due Process, Forum Shopping, General Jurisdiction

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 »

Asking Applicants About Salary History Now Banned In Massachusetts And Vermont, Connecticut Soon To Follow

Effective July 1, 2018, Massachusetts and Vermont became the first New England states to prohibit employers from inquiring into or seeking prospective employees’ salary history…more

Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing

See all updates »

National Grid Seeks Approval of New RFP for 400 MW of Renewable Energy In Rhode Island; October 2018 Proposed Bid Submission Deadline

National Grid, Rhode Island’s largest electric company, has requested the Rhode Island Public Utilities Commission’s (RIPUC) review and approval of a draft solicitation for long-term contracts for up to 400 MW of renewable…more

Public Utilities Commission, Renewable Energy, Request for Proposals, Utilities Sector

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

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Ethics Commission Disburses Funds to Clean Elections Candidates despite Biennial Budget Typo..…more

Ballot Measures, Bonds, Child Abuse, Child Protection Laws, Disbursement Issues

See all updates »

Maine Land Use Planning Commission to Discuss Revisions to Its Adjacency Principle

Staff of the Maine Land Use Planning Commission (LUPC or Commission) will introduce for discussion at the February 14, 2018 Commission meeting proposed revisions to the Commission’s application of the adjacency principle, which…more

Adjacent Property Owners, County Planning Commissions, Real Estate Development, State and Local Government, Subdivision

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

See all updates »

BALCA Upholds Denial Of Labor Certifications Based On Undisclosed Alternative Minimum Job Requirements

In a pair of decisions, the Board of Alien Labor Certification Appeals found that omitting to disclose alternative minimum job requirements does not sufficiently apprise U.S. workers of a job opportunity and will, therefore,…more

Administrative Appeals, BALCA, Foreign Nationals, Job Descriptions, Labor Certifications

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 »

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 »

Mass. SJC Expands Time For Bringing Property Damage Claims Under Chapter 21E

Lawsuits to recover cleanup costs and property damages resulting from environmental contamination can be expensive and time-consuming. Plaintiffs should be sure their claims are timely before embarking on the litigation…more

Contaminated Properties, Environmental Assessments, Environmental Violations, MA Supreme Judicial Court, Property Damage

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Troubleshooters And Why Words Matter: Appeals Court Overturns Board’s Interpretation Of Zoning Bylaw

As municipalities assert more control over development, zoning bylaws become more complex. And as mechanics, programmers, and lawyers all know, when there are many parts, there are many more opportunities for things to go wrong…more

Appeals, Bylaws, Construction Project, Land Use Restrictions, Municipalities

See all updates »

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

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

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

See all updates »

Rhode Island Issues New RFP for 400 MW of Renewable Energy; Bid Submissions Due October 2018

National Grid, Rhode Island’s largest electric distribution company, has issued a request for proposals (RFP) for 10 - 15-year contracts for up to 400 MW of nameplate capacity of renewable energy and renewable energy…more

Competitive Bidding, Critical Infrastructure Sectors, Electricity, Energy Sector, Public Projects

See all updates »

DEP Proposes New Approach To Visible Emissions (Opacity) Regulation

The Maine Department of Environmental Protection (DEP) recently proposed extensive changes to its Visible Emissions Regulation (Chapter 101) that may impact a facility’s ability to remain in compliance…more

Biomass, Comment Period, Department of Environmental Protection, Discharge of Pollutants, Environmental Policies

See all updates »

Troubleshooters And Why Words Matter: Appeals Court Overturns Board’s Interpretation Of Zoning Bylaw

As municipalities assert more control over development, zoning bylaws become more complex. And as mechanics, programmers, and lawyers all know, when there are many parts, there are many more opportunities for things to go wrong…more

Appeals, Bylaws, Construction Project, Land Use Restrictions, Municipalities

See all updates »

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

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

Commerce Clause, Interstate Commerce, MA Supreme 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 »

Buyers And Sellers Beware: Effectively Limiting Post-Closing Litigation Exposure With Anti-Reliance Clauses In Purchase Agreements

The Delaware Court of Chancery—the nation’s leading forum for corporate and M&A disputes—recently provided a roadmap for how to limit post-closing litigation exposure by eliminating certain fraud claims…more

Acquisition Agreements, Business Valuations, Common Law Claims, Contract Terms, Due Diligence

See all updates »

Supreme Court Affirms Class Action Waivers In Employment Arbitration Agreements

Since the Federal Arbitration Act’s (FAA) enactment in 1925, parties have sparred over the enforceability of arbitration agreements in a number of contexts…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Epic Systems Corp v Lewis, Ernst & Young v Morris

See all updates »

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

See all updates »

States Designate Opportunity Zones

The Tax Cuts and Jobs Act of 2017 created a new economic development program that encourages long-term investments in low-income areas, so-called “Opportunity Zones,” by offering tax deferral for capital gains reinvested in…more

Community Development, Economic Development, Investment Funds, Low-Income Issues, New Legislation

See all updates »

DEP Proposes New Approach To Visible Emissions (Opacity) Regulation

The Maine Department of Environmental Protection (DEP) recently proposed extensive changes to its Visible Emissions Regulation (Chapter 101) that may impact a facility’s ability to remain in compliance…more

Biomass, Comment Period, Department of Environmental Protection, Discharge of Pollutants, Environmental Policies

See all updates »

FERC Commissioner Rob Powelson Announces Departure

Last week, Commissioner Rob Powelson announced that he will be leaving the Federal Energy Regulatory Commission (FERC) in mid-August to become the President and CEO of the National Association of Water Companies…more

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

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, FRCP 23, Notice Requirements, Proposed Amendments, Settlement

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. Ethics Commission Disburses Funds to Clean Elections Candidates despite Biennial Budget Typo..…more

Ballot Measures, Bonds, Child Abuse, Child Protection Laws, Disbursement Issues

See all updates »

Buyers And Sellers Beware: Effectively Limiting Post-Closing Litigation Exposure With Anti-Reliance Clauses In Purchase Agreements

The Delaware Court of Chancery—the nation’s leading forum for corporate and M&A disputes—recently provided a roadmap for how to limit post-closing litigation exposure by eliminating certain fraud claims…more

Acquisition Agreements, Business Valuations, Common Law Claims, Contract Terms, Due Diligence

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 »

FERC Proposes To Lighten Interlocking Directorate Requirements

On July 19, 2018, FERC issued a Notice of Proposed Rulemaking (NOPR) proposing to lighten some requirements for directors holding multiple Board positions…more

comment-p, Corporate Officers, Directors, Federal Power Act, 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 »

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 »

Maine Recreational Marijuana Statute Answers Some Questions For Employers But Raises Others

After more than a year of political wrangling, on May 2, 2018, the Maine Legislature overrode a second veto by Governor LePage and enacted the Marijuana Legalization Act…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Discrimination, Employment Policies, Governor LePage

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 »

Rhode Island Issues New RFP for 400 MW of Renewable Energy; Bid Submissions Due October 2018

National Grid, Rhode Island’s largest electric distribution company, has issued a request for proposals (RFP) for 10 - 15-year contracts for up to 400 MW of nameplate capacity of renewable energy and renewable energy…more

Competitive Bidding, Critical Infrastructure Sectors, Electricity, Energy Sector, Public Projects

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 »

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 »

Asking Applicants About Salary History Now Banned In Massachusetts And Vermont, Connecticut Soon To Follow

Effective July 1, 2018, Massachusetts and Vermont became the first New England states to prohibit employers from inquiring into or seeking prospective employees’ salary history…more

Employer Liability Issues, Employment Discrimination, Equal Pay, Gender-Based Pay Discrimination, Hiring & Firing

See all updates »

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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 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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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