We successfully defended our clients Turner Construction Company and Stryker Biotech in a case that settled important issues of contract and evidence law affecting New Hampshire litigants. In Axenics, Inc. v. Turner Construction Company the New Hampshire Supreme Court ruled in favor of our clients that (1) a subcontractor cannot bring an unjust enrichment claim against an owner who has paid the general contractor in full, and (2) internal memoranda, work product, or other materials created for the purpose of settlement cannot be used at trial as evidence of liability or damages, even if they are never conveyed to the other side. This hotly-contested case came to the Supreme Court on appeal of a $1 million-plus judgment for the plaintiff-subcontractor, after an eighteen-day bench trial before Merrimack County Superior Court and Business and Commercial Dispute Docket Judge Richard McNamara.

For a Community Development Entity (CDE) client, we closed a $12 million New Market Tax Credit (NMTC) pooled loan fund. This is one NMTC transaction in a series of financings we are handling under the federal and state new markets programs.

Representation of a tax credit investor in connection with a new markets tax credit financing of a $10 million real estate development in Brunswick, Maine.

Represented Bangor Savings Bank in its role as tax credit investor in a state and federal New Markets Tax Credit transaction providing financing for the renovation and modernization of the Millinocket Memorial Library, a private nonprofit that now operates the former public library.

Assistance to Technology Access Foundation in connection with new markets tax credit financing matter.

We represented the Downeast Institute for Applied Marine Research & Education, a nonprofit in Beals, Maine, with the financing of its $6.7 million expansion, including a $5 million new markets tax credit financing. The expansion will add laboratory, office, housing, storage and conference space, as well as making improvements to the existing hatchery (used to grow soft shell clams and other commercially important bivalves to restock depleted resources).

We have served as outside general counsel to North Yarmouth Academy in matters involving employment, student affairs and governance. We have also assisted NYA with employment-based immigration work.

Representation of a major northeastern dairy products company in spinoff of Midwestern affiliate.

Represented NTE Energy, a power developer and energy services provider, in strategizing, structuring, negotiating, and documenting equity investments for three natural gas-fired power plants valued at more than $1.1 billion.

Pierce Atwood helped guide NTE Carolinas, an affiliate of NTE Energy, in its $605 million financing deal for construction and operation of Kings Mountain Energy Center, a 475 MW natural gas-fired electricity plant in City of Kings Mountain, North Carolina.

Represent NTE Energy in connection to its hybrid renewable biomass power generation projects. We have assisted with all aspects of development, financing and off-take agreement negotiations for projects in Florida, Tennessee, Alabama, Louisiana, Mississippi, Virginia, New Jersey, North Carolina, South Carolina, Ohio, Indiana and Washington.

We have represented a nuclear power plant in New Hampshire on multiple property tax valuation matters, as well as on obtaining pollution control exemptions.