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We successfully defended a major retailer in parallel federal multi-district and state level class actions after a data security breach resulted in exposure of electronic payment card data.
Pierce Atwood successfully obtained the discharge of a mechanic’s lien asserted by a contractor on the basis that the retainage sought in the mechanic’s lien was performed beyond the statutory limitation period.
On behalf of North America’s largest vinyl siding manufacturer, we recently obtained dismissal of breach of warranty and consumer protection claims in a putative nationwide class action filed in the Northern District of New York. The court held that the four named plaintiffs’ claims were not subject to personal jurisdiction in New York, and based its decision in part on the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court.
We represented a check processing company and its debt collector affiliate in a series of putative class actions filed in California, Kansas, Maine, New York, and North Carolina, and consolidated in Multi-District Litigation in the District of Maine. After obtaining dismissal of all of the lawsuits originally filed outside of Maine, we negotiated a favorable nationwide class action settlement for our client of all remaining claims.
John Bulman is currently sitting on a Dispute Review Board for a nuclear power plant construction project. Industry professionals are chosen to sit on Dispute Review Boards by the interested parties involved with a construction project for their experience, their independence, their commitment to the project, and their training as mediators and arbitrators.
Red Shield Environmental Chapter 11 (Bankr. D. Me.). Represented Fort James Operating Company in settling disputes concerning the ongoing vitality of deeded use restrictions following the sale of assets and assignment of leases.
Represented developer Stephen Duprey in connection with the acquisition and financing of a mixed-use restoration project in Concord, New Hampshire, involving the former Eagle Hotel building and two neighboring buildings on Dixon Avenue with a total of nearly 100,000 square feet of space. This project received $13 million in New Markets Tax Credit support.
The U.S. Agency for International Development has been working with representatives of the Libyan provisional government to restructure its electricity market to attract needed private investment. Although any recommended changes likely will not be implemented until the civil war ends, Pierce Atwood attorney Julia Weller has been asked to draft a new Electricity Market Law for Libya to introduce international best practices, establish a phased introduction of competition and create a new independent regulator.
Working with our colleagues Mercados-AF we submitted two new laws to the Jamaican government. The consortium, Mercados-AF, was awarded two World Bank contracts to develop and implement new electricity and gas sector policies. We partnered with them to write two new energy acts. We wrote a framework for a new Electricity Act that will foster competition for new power plants on the island. We also developed the framework for a new Natural Gas Act that will govern the import, storage, sale, transmission, and distribution of natural gas – whether in the form of LNG, compressed natural gas, or locally discovered gas. The Ministry of Science, Technology, Energy and Mining of Jamaica is very pleased with the results of both projects.
Our attorneys took leading roles in the drafting of local admiralty rules for the Rhode Island Federal District Court. The Judges of the United States District Court for the District of Rhode Island approved the rules and they went into effect on January 15, 2013.