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Represented Maine Natural Gas on its annual cost of gas proceeding. We ably assisted MNG to prepare the filing and get it approved by a Commission without any issue in a matter of weeks. MNG was very pleased with the outcome and to have Pierce Atwood on its team.
We have successfully defended the Maine Principals’ Association in numerous legal challenges to its student athlete eligibility rules, including claims that the rules discriminate against student athletes on the basis of sex, national origin, religion and disability.
We obtained an industry-specific interpretation of the Maine Service Provider Tax for telecom contractors. We helped our telecom construction clients educate Maine Revenue Services on the nuances of their businesses and gain the ability to apply the tax in a way makes more sense in this industry.
Defended former owner of facility against state court action involving cost-recovery claims, toxic tort claims, and diminution in value claims, alleging damages running to millions of dollars.
Successfully represented several large manufacturing facilities that underwent extensive PSD/NSR and Refrigerant (CFC, HCFC) compliance reviews by EPA. These reviews began with EPA information requests seeking large amount of information, in some cases dating back to the 1970s, with respect to virtually every capital project at the facilities and detailed review of compliance with Maine’s EPA-approved State Implementation Plan regulations and EPA’s New Source Performance Standards.
Represented market participants, including Bath Iron Works, Calpine, and Cate Street in ISO-NE markets, providing them representation and advice regarding compliance with market rules.
Pierce Atwood partner Michael Daly successfully represented an insured food processing company in an appeal before the Massachusetts Appeals Court to obtain insurance coverage for accidentally damaging its customer’s product. The appeal turned on the issue of whether an unexplained cause of damage to property constitutes an “occurrence” under a commercial general liability (CGL) insurance policy.
We represented a leading energy provider in mediation of approximately $150 million in related claims by two contractors arising out of a $1.55 billion transmission line construction project. The claims arose from an allegation that environmental compliance on the project was overly restrictive, leading to both delay and significantly increased costs of compliance. After two days of mediation per claim that included presentations by expert witnesses, we resolved the disputes for a fraction of the requested amount.
John Bulman mediated a dispute over an interstate highway construction project between a state department of transportation (DOT) and a regional heavy contractor.
Pierce Atwood represented Mercy Health System of Maine in its consolidation with Eastern Maine Healthcare Systems (EMHS). In addition to the issues involved in any large M&A transaction, including transaction structuring, drafting and negotiation of definitive documents, comprehensive due diligence, and coordination of corporate governance and organizational integration, our team has also dealt with all of the issues inherent in hospital and health system mergers, acquisitions, affiliations, and similar transactions, such as antitrust concerns, HIPAA compliance, medical and executive staff retention and consolidation, benefit plan transition, and the navigation of other relevant federal and state regulatory and licensure issues applicable to the healthcare industry.
