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Represented a steel fabrication supplier who fabricated and delivered two towers for a new structural steel lift bridge in Massachusetts. Prosecuted and defended claims against the Design Builder of the public project during a three week trial on the Business Litigation Session of the Massachusetts Superior Court.
We represented the U.S. Energy Storage Association before FERC, state PUCs, and ISOs/RTOs to develop and implement rules and regulations in the capacity, energy, and ancillary services markets.
Pierce Atwood is U.S. intellectual property counsel to Electronic Recyclers International, Inc. (ERI), the largest recycler of electronic waste in North America. Headquartered in Fresno, California, ERI services every zip code in the United States with innovative and market leading e-waste solutions. Pierce Atwood advises ERI in connection with patent and trademark strategies and IP portfolio management.
On behalf on an independent day school in Massachusetts, negotiated and prepared vendor contract with a company providing residential housing arrangements for international students.
Representation of Verso Corporation in antitrust and employment litigation arising out of the closure and sale of Verso's paper mill in Bucksport, Maine.
We represented a minority shareholder in Major World, New York City’s largest used car dealership. Our client brought suit against Major World and its directors and officers for breach of fiduciary duty in bringing about a going-private buyout at an exceedingly low price. The case has an unusual cast of characters, including a movie producer and a federal prisoner. The defendants tried repeatedly to slow the process and move for dismissal on a variety of specious grounds. Pierce Atwood prevailed at every turn, with the defendants and all their outside directors bearing the burden of proving that the transaction was entirely fair to minority shareholders. The court also held that the controlling stockholder’s brother can even be found liable for aiding and abetting – a cause of action we did not even plead. The stage is now set for mediation, which will also include a large D&O insurance carrier.
As part of our Catalyst program, we represent Village Internet, LLC, a 2016 winner of the UNH Social Venture Innovation Challenge, in initial formation and general corporate matters.
We assisted a Massachusetts-based retailer with a 35-state voluntary compliance initiative, reducing sales and use tax exposure through negotiated settlements.
We recently represented a Maine-based retailer in a case alleging overtime violations under the Fair Labor Standards Act and analogous state statutes. Plaintiffs claimed that our client’s store managers located in Maine and other states were misclassified as exempt employees, and that they should have received premium pay for overtime hours worked. After an initial investigation, we were able to negotiate a favorable settlement that was approved by a New York state court.
We successfully defended a private equity firm in a class action matter relating to putative WARN Act violations by its investment, a now defunct toy retailer.