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  • Article

    The District Of Massachusetts Stays True To Wal-Mart

    After the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, it was fashionable for some in the plaintiffs' bar to argue that the deciding factor was the size of the class.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Protecting Your Business Judgment: Recent Developments In Delaware Law On M&A Deals Involving Controlling Stockholders

    This summer, the Delaware Court of Chancery twice ruled that if robust procedural protections are used, a merger involving a company with a controlling stockholder will be reviewed under the deferential business judgment rule instead of the much more exacting entire fairness standard.
    United StatesCorporate/Commercial Law
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    SEC Proposes Rules To Amend Regulation A

    On December 18, 2013, the Securities and Exchange Commission (the "SEC") released proposed rules to amend Regulation A to provide for the offering of up to $50 million in securities. Regulation A is a quasi-public offering process intended to allow established companies that are not yet ready to go public an avenue for advertising and selling securities.
    United StatesCorporate/Commercial Law
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Fifth Circuit Says No Nexus Required Between Reasonable Accommodation And Essential Functions

    The vast majority of requests for accommodation aim to help an employee perform the essential functions of his or her job.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Wellness Plans Receive Boost From Court Of Appeals

    Wellness plans have long held the potential to help employers manage the cost of their health benefits.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    NESCOE Proposes ISO-NE Facilitate Addition Of New Electric Transmission Infrastructure & Natural Gas Capacity

    The New England States Committee on Electricity (NESCOE) has proposed that ISO-New England (ISO-NE) facilitate the addition of new electric transmission infrastructure to access renewable resources and increased natural gas firm pipeline capacity to serve generation load in New England.
    United StatesEnergy and Natural Resources
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    EPA Supports Maine DEP's Ozone Proposal

    As most have heard by now, the Maine DEP has issued a proposal to eliminate the ozone nonattainment new source review requirements in areas of the State that attain the ozone standard.
    United StatesEnvironment
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Maine Supreme Court Invalidates Permit For Saddleback Ridge Wind Project

    On March 5, 2013, the Maine Supreme Judicial Court (the"Law Court") issued a decision in which it invalidated Saddleback Ridge Wind, LLC's ("Saddleback") permit to construct the Saddleback Ridge Wind Project.
    United StatesEnvironment
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Governor LePage Delivers State of the State Address; Supplemental Spending Bill Nears Completion in Committee (Under the Dome: Inside the Maine State House 2.8.13)

    On February 5, 2013, Governor LePage delivered his State of the State Address to a Joint Convention of the Legislature. This speech focused on what Mainer’s are earning, compared to the costs of living and working in the State.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Governor’s State Of The State Address Scheduled For Next Week (Under The Dome: Inside The Maine State House 1.31.14)

    Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Order of Bonds on November’s Ballot Set; Hospitals Close to Getting Paid for Old MaineCare Debt; Tax Expenditure Review Task Force Set to Meet (Under the Dome: Inside the Maine State House 9.13.13)

    Under the Dome: Inside the Maine State House is a regular update that provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Under The Dome: Inside The Maine State House 9.27.13

    Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    New HIPAA Rules Expand Breach Notification Requirements

    If your company is subject to HIPAA, new rules published by the Department of Health and Human Services ("HHS") will require changes in your policies and practices regarding data breaches.
    United StatesIntellectual Property
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Denial Of Class Certification In Litigation Alleging Wrongful Foreclosure Of Consumer Mortgages: Manson Et Al. v. GMAC Mortgage, LLC Et Al.

    In a recent Memorandum and Order, Judge Richard G. Stearns of the United States District Court for the District of Massachusetts denied class certification in a case brought on behalf of Massachusetts residents.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Diversity, Choice-of-Law and Fee Awards in Class Action Settlements

    In an opinion authored by Chief Justice Sandra Lynch that could, and should, find its way into civil procedure casebooks, the First Circuit charted a course through the complexities of the Erie doctrine and state choice-of-law principles in determining which law governed the award of attorneys' fees to be paid under a class action settlement agreement, reached in a federal MDL proceeding, where subject matter jurisdiction was based on diversity of citizenship.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Keeping Form Subservient To Substance In Rule 80B (and 80C) Actions

    What is the proper remedy when a party challenges a municipal action under Rule 80B, but the court later determines that this was the wrong procedural vehicle to challenge...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Lawrence v. Philip Morris USA, Inc.: New Hampshire Supreme Court Reverses Class Certification in "Light" Cigarette Case

    Yesterday, the New Hampshire Supreme Court reversed the certification of a class of purchasers of "Light" cigarettes in a case alleging that Philip Morris USA, Inc. (Philip Morris), by using the name "Lights" and describing the cigarettes as "Lowered Tar & Nicotine," violated the New Hampshire Consumer Protection Act.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Scovil v. FedEx: When a Fleet of Individual Evidence Doesn’t Predominate

    Judge Hornby issued a decision this week in the District of Maine, certifying additional state-law class claims and rejecting defendant’s request to decertify an FLSA class in a misclassification case involving FedEx drivers.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Supreme Court Agrees To Hear Appeal From First Circuit Of Website Accessibility Tester Case

    On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier...
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    The Efficiency Trap

    In a recent Seventh Circuit decision that has received much attention, Judge Posner explained the predominance requirement of Rule 23(b)(3) in a way that no doubt will be cited frequently by plaintiffs' class action lawyers.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP

Showing 181–200 of 331 results

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