Family Law

• Divorce
• Adoption
• Premarital Agreement
  Our Trusts & Estates attorneys produced a complicated prenuptial agreement with just a few weeks’ notice and in the midst of the holiday season. We worked quickly to ensure our client could celebrate a New Year’s Eve wedding knowing her legal affairs were in order. Complex Prenuptial Agreement Produced on Short Notice
• Guardianship
  Pierce Atwood has an extensive history of successful representation of clients in all types of probate litigation matters, from guardianships, conservatorships, and adoptions to disputes over the validity or interpretation of Wills and Trusts.

Criminal Law

• Sex Crimes
  Title IX, a comprehensive federal law passed in 1972, requires gender equity for male and female students in every educational program that receives federal funding. Title IX applies to access to higher education, sexual assault and harassment, athletics, and many other aspects of education.
• Fraud
  The matters we handle range from alleged environmental crimes, banking and financial crimes, securities and commodities matters, ERISA matters, False Claims Act investigations and qui tam actions, securities fraud investigations, health care fraud investigations, food and drug investigations and anti-trust investigations. Regardless of the type of matter, Pierce Atwood has a proven record of helping clients avoid, resolve and mitigate the impact of government investigative and enforcement proceedings.
• White Collar Crimes
  We assist clients in federal and state investigations concerning statutory and regulatory noncompliance, competition laws, white collar crime and environmental compliance.
• Theft
• Assault
• Money Laundering
  Construction companies, and their officers, may encounter government investigations and enforcement actions brought by federal, state, and local agencies. Potential proceedings include assertions and investigations of false claims, bribery, accounting fraud, corruption, antitrust and competition, money laundering, disadvantaged owned business enterprise (DBE) fraud, intellectual property crime, and other similar issues. Additional compliance risks are present for our clients who perform work internationally.
• Internet Crimes

Business and Corporate Law

• Corporate Law
  The Federal Trade Commission, Department of Justice, State Attorneys General, and a variety of other federal agencies and international bodies are actively engaged in enforcing domestic and international competition legal regimes. Responding to agency investigations and enforcement proceedings puts a premium on sound judgment, credibility, advocacy and knowing the ropes. Pierce Atwood attorneys are adept at navigating these sensitive matters and the collateral corporate governance, litigation, public relations, and customer issues that often accompany them. Many of our attorneys served in federal or state agencies with enforcement responsibilities in antitrust, competition or international compliance matters, so we understand that better outcomes result from being persuasive and persistent on vital client interests while picking the right battles, and understanding how to generate successful resolutions.
• Mergers and Acquisitions
  Pierce Atwood's Bankruptcy and Creditors' Rights team is multidisciplinary, drawing upon our banking, litigation, business, mergers and acquisitions and real estate experience to address the broad range of issues often involved in dealing with financially distressed entities effectively and efficiently. Our team represents secured creditors, trade and other unsecured creditors, bankruptcy and indenture trustees, government agencies, lessors, licensors, licensees, financially distressed entities, and acquirers of distressed assets and entities in and out of bankruptcy. Members of our team provide business and legal counsel on bankruptcy and creditors' matters pending throughout the country, particularly throughout New England and in the bankruptcy centers of the Southern District of New York and the District of Delaware. Because your business extends beyond the borders of a single state, ours does too.
• Business Formation
  As more and more states move to legalize possession, growing, and selling cannabis products, from CBD and marijuana, to edibles, beverages, and more, investor opportunities abound for new businesses and business ideas in this burgeoning industry. Our experienced business and cannabis industry attorneys provide strategic advice on business formation and operations, help marijuana cultivators create investor-friendly and industry-compliant corporate structures, and represent domestic and international investment funds that focus on cannabis and cannabis-related early-stage companies.
• Business Disputes
  Our Business attorneys assist clients in the formation of joint ventures and other strategic partnerships, customer relationships, contract drafting and review and other business law matters. We take particular pride in providing practical, real-time business counseling, drawing upon the wide range of situations and circumstances we have encountered advising diverse clients in diverse industries. We also regularly counsel boards of directors of public and private companies on fiduciary duties, conflicts of interest, director and officer liabilities, and shareholder disputes. We are often retained as counsel to special board committees in these matters.
• Business Transactions
  Pierce Atwood's Business Group counsels enterprises large and small on both their daily business needs and most crucial business transactions. Known for our core strengths in serving middle-market companies, we assist clients of every size, from NYSE-listed companies to the proverbial entrepreneurs in a garage. Our clients are involved in industries as diverse as life sciences, medical devices, software, telecommunications, footwear and apparel, banking and financial services, renewable energy, petroleum products distribution and forestry products.
• Limited Liability Companies
  Especially for people whose estates are potentially subject to federal or state estate taxes, lifetime gift planning is just as important as planning for death and incapacity. We can advise you on the most tax efficient ways to make gifts to charitable organizations or family members. We often employ techniques to leverage our clients' available gift tax exemptions such as the use of Grantor Retained Annuity Trusts, Family Limited Partnerships and Limited Liability Companies, or Qualified Personal Residence Trusts. We also provide our clients with various options for making charitable gifts that support organizations important to them while also providing considerable tax benefits.
• Construction Contracts
  Coordination of the construction contracts owners have with various stakeholders (architects, engineers, construction managers, general contractors) to ensure the contracts are consistent and complement each other
• Trade Secrets
  Protection of Organizational Assets – We help employers with non-competition, non-solicitation, and confidentiality agreements; advice on maximizing trade secret protection; and enforcement of employers' rights.
• Intellectual Property
  Good outcomes in the face of antitrust challenges require a legal team with genuine antitrust bona fides, industry depth, and a proper economic perspective about how the client’s posture in the marketplace and regulatory environment promote competition. Pierce Atwood brings that plus vigorous advocacy and sound judgment on a cost-effective platform. Our approach combines decades of substantive antitrust, consumer protection and competition experience with vital capabilities in intellectual property licensing and litigation, Foreign Corrupt Practices Act, cross-border transactions, securities law, multijurisdictional and international government investigations, and regulatory regimes governing a variety of domestic and international industries. Many Pierce Atwood attorneys have prior government agency and industry experience in agribusiness, construction, financial services, energy, healthcare, manufacturing, and emerging technology markets.
• Unfair Competition
  The firm’s trial attorneys have amassed decades of experience representing industry leaders and new market entrants alike in cutting edge antitrust and unfair competition litigation under the Sherman and Clayton Acts, the Lanham Act, and state antitrust and consumer protection statutes. In one example, one of our attorneys represented an animation studio in an antitrust class action brought by former employees alleging that no-poaching agreements and information sharing through industry salary surveys constituted horizontal conspiracy in violation of Sherman Act Section 1 and state antitrust laws.
• Antitrust

Employment Law

• Workers Compensation
  We assist clients in the full range of regulatory matters, such as licensing and disciplinary proceedings, reimbursement-related rulemaking proceedings, fraud and abuse reporting and compliance, certificate of need applications, and numerous other regulatory matters. Our practice includes representation of clients in front of the Maine Department of Health & Human Services, the Maine Board of Pharmacy, the Maine Bureau of Insurance, the Maine Boards of Licensure in Medicine, Osteopathic Medicine and Nursing, and the Maine Workers Compensation Board, among others.
• Wrongful Termination
  We have substantial experience investigating sexual harassment claims, discrimination claims, wrongful discharge claims, supervisor or coworker bullying and other employee relations concerns, and many other workplace issues. Our team can be especially valuable when a third party is needed, as many states have laws that permit such investigations to be done only by attorneys or licensed private investigators.
• Employment Discrimination
  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. Arbitration Success in Employment Discrimination Case
• Employment Contract
  Drafted and negotiated an employment agreement for the new president of a large nonprofit organization in Massachusetts. Employment Agreement for President of Nonprofit
• Employment Litigation
  Lead counsel in obtaining dismissal of employment claims against hotel operator in U.S. District Court in Boston. Employment Claims Against Hotel Operator
• Non-compete Agreement
  Assist seafood processing companies with non-disclosure and non-compete agreements, and other general contractual and transactional matters. NDAs and Non-Competes for Seafood Processing Companies
• Severance Agreement
  Difficult economic times require difficult benefits decisions. We counsel and assist businesses with respect to employee benefit and other human resource issues associated with plant shutdowns, voluntary and involuntary work force reductions and "outsourcing." We have helped businesses to design "early out" programs providing extended health coverage and enhanced severance pay benefits.
• Sexual Harassment
  Our education group attorneys provide training to school administrators, faculty, and staff on topics such as sexual harassment prevention, boundary issues, privacy and information security, ADA compliance, and best practices for hiring and contract review. We can also develop targeted training programs for the areas where you need the most assistance.

Property Law

• Real Estate Litigation
  Our attorneys represent clients for projects along the east coast from Florida to Maine and New Hampshire and across the country to Illinois, Colorado, Utah and California. Among the firm's real estate clients are multinational corporations, regional and national development companies, and individual property owners. On the asset management side, we represent numerous businesses in lease negotiations, disputes and refinancing. We often serve as local counsel as the go-to firm for national and international firms in need of focused expertise in Maine and Massachusetts real estate law.
• Construction Litigation
  Pierce Atwood's construction law attorneys work to anticipate and prevent disputes and claims that can threaten a project’s success and our clients’ relationships with project stakeholders. When disputes arise, we draw upon the wealth of mediation and other alternative dispute resolution methods available to best serve our clients’ interests in delivering projects safely, on time, and on budget.
• Real Estate Transactions
  For more than 75 years, Pierce Atwood has counseled the pulp, paper, and forest products industries in Maine and elsewhere, even as they have faced immense changes during the past decade. In Maine alone, this vital industry spends over a billion dollars annually and employs tens of thousands of men and women who earn, on average, the highest wages of any workers in the state. Pierce Atwood's long history of representing clients in this industry has placed us on the forefront of relevant legal issues in the Northeast and across the nation, advising companies in virtually all areas of practice, including energy, environmental, health and safety, labor, land use and forestry, legislative and regulatory, product regulation, real estate sales, acquisitions financing, litigation, and taxation. Pierce Atwood also represents the forest products industry's largest trade organization.
• Eminent Domain
  Our energy lawyers regularly represent major developers and users of electric transmission facilities, both AC and DC, including within ISO-New England, Pennsylvania-New Jersey-Maryland (PJM), Midwest ISO (MISO), New York ISO (NYISO), California ISO and Electric Reliability Council of Texas (ERCOT). We represent our clients on all aspects of development, including regulatory authorization, environmental permitting and siting, real estate, land use, eminent domain issues, and construction contracting and dispute resolution. With the advent of FERC Order 1000, our attorneys have taken the lead in preparing detailed proposals to competitive solicitations for new transmission facilities designed to address public policy needs, including connecting renewable resources to the transmission grid and mitigating transmission congestion, including the largest active transmission development project in New England designed to import Canadian hydropower to New England and a major HVDC link between Iowa and Illinois to transport wind generation into the PJM market.
• Easement
• Land Use and Zoning
  Each development project presents a unique set of challenges and potential solutions, and many “land use” issues are not confined to traditional planning and zoning considerations. Our relationships with local planning boards and state and federal regulators, as well as our in-depth knowledge of state and federal land use laws, allows our lawyers to simplify and expedite the land use permitting process. We have successfully obtained federal, state, and local approvals for significant development projects in Maine, Massachusetts, New Hampshire, and throughout New England.
• Property Damage
  John Bulman mediated a four-party property damage subrogation action currently pending in Massachusetts Federal Court. Mediation of Property Damage Subrogation Action
• Condominium Law
  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. Arbitrator in Condominium Project Construction Dispute

Immigration Law

• Employment Immigration
  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. North Yarmouth Academy Outside General Counsel for Employment Matters
• Green Cards
• Business Immigration
  We provide corporate immigration services for clients with multi-national business operations or whose business needs require local hire of foreign workers. Our clients include publicly traded Fortune 500 companies with annual revenue in excess of $10 billion, as well as small businesses, foreign investors and start-ups. An important aspect of our business immigration practice is obtaining appropriate employment-based visas for foreign workers needed by clients in labor-short or special skills occupations, as well as for executives, managers, and key employees on cross-border assignment.

Health Law

• Personal Injury
  Products liability litigation is one of the most complex areas of litigation with the cases often involving scientific and technical issues combined with serious or even catastrophic personal injuries. Pierce Atwood's products liability group responds to these challenges by combining cutting-edge scientific and technical knowledge with extensive personal injury experience to deliver successful and cost-effective products liability defenses to our clients in trial and appellate courts.
• Disability Discrimination
  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. Summary Judgment for Mercy Hospital

Trusts and Estates

• Estate Planning
  We have a long history of providing estate administration services to families in Maine, New Hampshire, and Massachusetts. We understand that you need experienced and sensitive counsel in the midst of difficult transitions, such as in the weeks and months following a death. Our lawyers and staff are skilled in the personal and the technical aspects of estate administration. Working with Pierce Atwood will give you the peace of mind that comes from knowing that if the worst should happen, we will be there to help your family every step of the way.
• Wills
• Trusts
  We helped a client to develop a tax efficient charitable giving plan wherein he will leave his estate to numerous charitable organizations. We customize such gifts to maximize value to the charitable organizations and minimize taxes, in this case using a combination of charitable trusts and outright gifts to endowments. Tax-Efficient Gift Plan
• Power of Attorney
  When providing estate planning services for our clients, we work closely to understand our clients' priorities, goals, family, and philanthropic interests. We carefully analyze the related tax issues and consider the available planning opportunities. Then we create and assist clients with implementing their estate plans. The plans typically include Wills, Trusts, Advance Health Care Directives, and Durable Powers of Attorney and may also include Irrevocable Life Insurance Trusts, Charitable Remainder or Lead Trusts, Minor's Trusts, or other instruments. We provide planning for estates of all sizes and are comfortable working with "complicated assets" such as real estate holdings, closely held businesses, large retirement plans, and unique executive compensation plans.
• Probate

Finance Law

• Bankruptcy
• Foreclosure
  Pierce Atwood's maritime attorneys have advised clients in connection with many complex vessel purchase and construction transactions that depend on perfection of preferred ships mortgages. Our team also is experienced in litigation matters arising out of foreclosures on ship mortgages and vessel repossessions.
• Tax Law
  The Maritime team at Pierce Atwood is prepared to help you navigate the complex patchwork of federal, state and local laws governing activities along the shore and at sea. Recognizing that our clients' needs often do not end at the water's edge, our team includes attorneys with expertise in admiralty, environmental, real estate, commercial, corporate, banking and tax law.
• Debt Collection
  Our class action litigators have defended clients from a variety of industries in a wide range of class actions asserting claims under federal and state substantive laws, including consumer class actions, product liability class actions, wage and hour class actions, bank overdraft fee class actions, insurance coverage class actions, Fair Debt Collection Practices Act class actions, and ERISA class actions. Our lawyers also have extensive experience with the Class Action Fairness Act, and handling class actions that are consolidated in Multi-District Litigation (MDL) dockets. In the past several years, we have achieved excellent results for our business clients in class actions filed in federal and state courts in Maine, Massachusetts, Alabama, California, Florida, New York, Pennsylvania, South Carolina, and other jurisdictions.