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The Maine Legislature in 2011 passed a landmark bill (PL 90) aimed at reforming the failing individual health insurance market in Maine. The bill authorized establishment of a new non-governmental insurance company (the Maine Guaranteed Access Reinsurance Association, or “MGARA”) that would provide reinsurance to cover the sickest individuals historically responsible for the bulk of the health services used and corresponding costs, with the ultimate goal of reducing premiums in that market. The Board of Directors of MGARA retained Pierce Atwood to analyze the new groundbreaking law, form the new reinsurance company, guide its financing and other operations, and work with the Legislature and Bureau of Insurance through this complex process. MGARA began its operations in July 2012 as planned and is currently providing reinsurance for over 3,000 of Maine's sickest individuals. Pierce Atwood is proud to have served MGARA and the State in this important work.
We serve as The Hinckley Company’s outside general counsel, advising them on virtually all of their legal needs. Our close working relationship with Hinckley’s management team allows us understand Hinckley’s long term and strategic objectives, which in turn allows us to provide specifically tailored strategic advice with a full appreciation of the nuances of Hinckley’s business and growth strategy.
John Bulman mediated a P3 (public-private partnership) dispute relating to a transportation infrastructure project in the Western U.S.
Served as chair of a panel addressing the termination of construction manager on a major biophysics research building. Beyond overseeing highly contentious proceedings, issued lengthy decision construing scope of section 4-61 of the Connecticut General Statutes, the Connecticut dispute resolution law pertaining to this public construction contract. Decision was subject to judicial review and was affirmed.
Performed a pay equity audit for a prominent private college in Massachusetts.
We are advising large pension funds in interest rate hedging programs, including OTC derivatives and exchange-traded futures contracts and related clearing agreements.
Pierce Atwood served as permitting counsel to a real estate development firm in connection with an affordable housing project in Boston's South End. This important project will include dozens of new homes for moderate-income, first-time homebuyers.
We represented Xpress Natural Gas (XNG) in expanding access to compressed natural gas throughout the State of Maine and elsewhere in New England. Pierce Atwood assisted XNG in obtaining all necessary regulatory approvals and environmental permits for compressed natural gas production facilities in Baileyville and Eliot, Maine. These facilities receive natural gas from major pipelines, condition and compress it, and then dispense it into tank trailers made of composite materials. The trailers are then trucked to customer locations throughout Maine and elsehwhere, where the CNG is used primarily as boiler fuel. These were the first facilities of their kind in New England, and allow consumers who are not presently served by a gas utility to take advantage of this abundant, clean burning, economic and domestically produced energy resource. Our attorneys successfully led XNG through the process of obtaining approvals from the Public Utilities Commission. We drafted and obtained a town zoning ordinance amendment and other local approvals, and successfully navigated permit or exemption issues before the Department of Environmental Protection, the Maine Fuel Board, and the State Fire Marshal. We were also successful in determining that the facility was not subject to Federal Energy Regulatory Commission jurisdiction.
Representing New Leaf Energy, Inc. (formerly Borrego Solar Systems, Inc.) in the preparation of petition to the Massachusetts Department of Public Utilities for approval of battery storage systems, including a facility located in western Massachusetts.
Represented client in enforcement action brought by NHDES as a result of release of oil into the Piscataqua River in Newington, NH.
On behalf of our client Vans, Inc., we won summary judgment in trade-dress infringement case in Federal District Court in Boston. The court granted summary judgment to Vans, upholding the design of its Pro-Tec snow and skateboarding helmets against competitor’s trade dress allegations. Vans, Inc. and five other companies that design, manufacture, and sell sports helmets (among other products), were sued by a competitor alleging trade-dress infringement and unfair competition. The plaintiff, Bern Unlimited, Inc., contended the visor on its Baker snow helmets was unique and distinctive, and that Vans and the other defendants were prohibited from selling helmets that also contained a visor. The court found as a matter of law that Bern’s helmet design lacked distinctiveness, thus freeing Vans and other companies to sell competing helmets with visors. In a 56-page opinion issued on March 31, 2015, U.S. District Court Judge Dennis Saylor dismissed the claims against Vans and the other defendants.
Pierce Atwood represented Great Bay Renewables, LLC, in connection with a $6.1 million PJM interconnection deposit facility to support Red Stone Renewables, a privately-owned developer of utility scale renewables projects.
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