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In 2016, Pierce Atwood partner John Bulman successfully mediated a six-party case pending in federal court. The matter involved a dispute between a publicly traded company and former board members and officers. The allegations included claims of breach of fiduciary duty, gender discrimination, theft of intellectual property and whistleblower claims. Three insurance policies were in play and after two days of mediation and some follow up, the matter settled.
We assisted the owners of OrthoLite in a successful recapitalization involving the sale of equity interests to a private equity firm and the rollover by management of a significant continuing equity position. Headquartered in Amherst, MA, with offices in Portland, OR and Hong Kong, and manufacturing facilities in China and Vietnam, OrthoLite is the world's leading supplier of comfort insoles. OrthoLite sells more than 140 million pairs of insoles annually, for use in footwear brands by Adidas, ASICS, New Balance, Merrell, Nike, Puma, Vans and Timberland.
In the 2012-2013 Maine Legislative Session, we represented the aviation industry in successfully lobbying to extend the airplane sales & use tax exemption 20 years. This single sentence in an extensive state budget provides relief for aircraft purchasers, pilots flying into Maine and maintenance of aircraft while in Maine. In 2011 Maine lawmakers approved a temporary sales and use tax exemption for aircraft and aircraft parts, but that exemption was scheduled to expire in 2015. With this exemption, Maine will be on a level playing field with other New England states in the aviation community.
Successfully represented California Department of Water Resources and California Electricity Oversight Board in opposing Calpine's proposed rejection of multi-billion dollar wholesale power purchase agreement. Calpine Corporation Chapter 11 (Bankr. S.D.N.Y.). See 337 B.R. 27 (S.D.N.Y. 2006).
Distributed Energy Systems Corp. and Northern Power Systems, Inc. (Bankr. D. Del.). Successfully preserved contested intellectual property rights of The Timberland Company under section 365(n).
In Beth Carnicella v. Mercy Hospital, we obtained summary judgment for our client, Mercy Hospital, in connection with a lawsuit filed by a former employee who alleged that Mercy failed to provide her with reasonable accommodation. The plaintiff appealed the trial court’s ruling in our client’s favor to the Law Court, which affirmed, concluding a jury could not find Mercy liable for disability discrimination.
Representation of Sunlight Capital Partners in connection with acquisition, disposition and financing of their portfolio of 200 MW of small scale solar projects located in southern California.
Represented 16-member performing party group at Superfund site in New Hampshire with various USEPA and NHDES compliance issues, including the planning, drafting, negotiation and execution of environmental covenants as part of a water line extension.
We represented a Maine-based manufacturing company in a supply agreement with a key parts supplier and a related $2.5 million subordinated secured loan with equity conversion features to the supplier.
Representing the development community, we successfully preserved Maine’s Historic Preservation Tax Credit. When pressed to balance the state’s budget, Maine legislators considered limiting a tax credit that has resulted in the revitalization of a number of key historic properties throughout the state. Working with beneficiaries of this tax credit, we were able to educate legislators on the importance of this program, including the economic activity it stimulates and to preserve this credit.
Pierce Atwood serves as counsel for the New England Ocean Cluster House - a place for entrepreneurs to come together, collaborate, and grow their businesses, which are all focused on the commercialization of new ocean-related products. Located in Portland, Maine, the New England Cluster House is the result of a combined effort between The Icelandic Ocean Cluster, North Atlantic Assets & Soli DG, Inc. of Maine and MENADO, an initiative of the Maine International Trade Center.
We defended a general contractor’s surety in a multimillion dollar case involving failed concrete panels in a water treatment plant in Vermont. The matter was resolved without trial.