Advise Maine-based agricultural company with respect to antitrust compliance issues in connection with supplier and distributor relationships, including antitrust compliance training to sales staff.

Representation of non-profit public interest organization in connection with antitrust implications of national and state health care cost transparency efforts.

Representation of leading manufacturer of sports equipment and apparel in connection with price maintenance and price discrimination matters and other antitrust implications of its retail strategy.

Pierce Atwood won an insurance coverage appeal to the Massachusetts Appeals Court for our client, an insured food processing company. 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. The appeals court reversed summary judgment that the trial court entered in favor of the insurer, and remanded the matter to the trial court for further proceedings. The decision is significant because it is the first in the country where the court ruled that an insured’s liability based on application of the res ipsa loquitur doctrine could be sufficient to establish an “occurrence” under a CGL policy, despite not knowing the actual cause of damage. This is an important decision that is extremely beneficial to policy holders.

Pierce Atwood represents project developer Plus Power in connection with the financing, land use, environmental mitigation and siting of a 150 MW / 300 MWh battery storage facility in Carver, Massachusetts. Cranberry Point Energy Storage is the largest battery storage project under construction in Massachusetts.

We represent the project developer before the Massachusetts Department of Public Utilities and the Massachusetts Environmental Policy Act Office (MEPA) for approval to construct and operate a 250 MW lithium-ion battery facility and a 345 kV transmission line.

Represented US entity in distributorship dispute with UK company and its US sales and marketing subsidiary.  The matter was administered by ICDR and arbitrated in Rhode Island. Issues concerned reaching the correct respondent (which had approximately 13 related companies).  Received award for 100% of damages, plus attorney’s fees under Rhode Island statute, plus interest, and had the correct respondent liable for the award.  The matter is now in collection in the UK, which administers such awards under the New York Convention.

John Bulman has been appointed to chair an arbitration panel regarding a large complex dispute involving development of a new petrochemical plant.

Represented one of two partners in partnership dispute pertaining to operation of P&C personal lines insurance agency.  Ultimately we secured an agreement to arbitrate the dispute, addressing liability and then issues of valuation for a divorce between the partners.  Secured findings in favor of our client and very successful award of damages (high six figures) for his interest in the agency.

John Bulman is serving as an arbitrator in a matter relating to the construction of a natural gas-fueled combined-cycle generating facility in New England.

We successfully compelled arbitration and then defended our client against a former executive’s multi-count claims that his termination violated the Massachusetts Wage Act and breached implied contractual duties. During the arbitral hearing, our attorneys prevailed on three of the executive’s four claims and succeeded in limiting the damages on his sole successful claim to a negligible amount. We then defeated the executive’s motion asking a court to vacate the arbitrator’s decision. We also succeeded in persuading the MCAD to dismiss his age discrimination claim with a finding of no reasonable grounds.

John Bulman has been appointed the sole arbitrator in a large complex construction dispute involving a multi-unit residential condominium development project located in suburban Boston.