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Representation of Verso Corporation in antitrust and employment litigation arising out of the closure and sale of Verso's paper mill in Bucksport, Maine.
We represented a minority shareholder in Major World, New York City’s largest used car dealership. Our client brought suit against Major World and its directors and officers for breach of fiduciary duty in bringing about a going-private buyout at an exceedingly low price. The case has an unusual cast of characters, including a movie producer and a federal prisoner. The defendants tried repeatedly to slow the process and move for dismissal on a variety of specious grounds. Pierce Atwood prevailed at every turn, with the defendants and all their outside directors bearing the burden of proving that the transaction was entirely fair to minority shareholders. The court also held that the controlling stockholder’s brother can even be found liable for aiding and abetting – a cause of action we did not even plead. The stage is now set for mediation, which will also include a large D&O insurance carrier.
As part of our Catalyst program, we represent Village Internet, LLC, a 2016 winner of the UNH Social Venture Innovation Challenge, in initial formation and general corporate matters.
We assisted a Massachusetts-based retailer with a 35-state voluntary compliance initiative, reducing sales and use tax exposure through negotiated settlements.
We recently represented a Maine-based retailer in a case alleging overtime violations under the Fair Labor Standards Act and analogous state statutes. Plaintiffs claimed that our client’s store managers located in Maine and other states were misclassified as exempt employees, and that they should have received premium pay for overtime hours worked. After an initial investigation, we were able to negotiate a favorable settlement that was approved by a New York state court.
We successfully defended a private equity firm in a class action matter relating to putative WARN Act violations by its investment, a now defunct toy retailer.
Represented multiple large clients at the Wells, Maine Waste Oil site as lead PRP counsel and Chair of Steering Committee in case with over several hundred participating PRPs. Nationally recognized innovative cash out settlement with state, involving property and liability transfers, insurance protections, and toxic tort protections. Continuing to represent the entity that completed the cleanup and manages the site post-closure, including addressing financial assurance matters.
Representation of real estate developer in connection with wetlands and Chapter 40B permitting of a 144-unit, age-restricted multifamily project in Abington, Massachusetts in close proximity to the Abington commuter rail station.
In a favorable decision for our client, Maine Superior Court Justice Michaela Murphy refused to grant the State Tax Assessor’s motion to compel deposition testimony relating to the taxpayer’s tax accrual (FIN 48) work papers and related documents. State Tax Assessor v. Kraft Foods Group, Inc. et al, BCD-AP-16-02 (Business & Consumer Ct., Jun. 7, 2017, Murphy, J.). Justice Murphy sits on the Business and Consumer Court (a division of the Superior Court), which hears most tax cases in Maine.