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  • Article

    District Of Massachusetts Denies Certification In Home Loan Modification Case

    The home mortgage crisis of the last several years has spawned its share of new government regulation and litigation.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    WARN Act Class Certified in the District of Maine

    Last week, United States District Court Judge George Singal granted class certification to a group of former employees of automobile part manufacturer Formed Fiber Technologies, LLC, who allege they were subjected to a "mass layoff" without the 60 days’ advance written notice required by the Worker Adjustment and Retraining Notification ("WARN") Act.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Enforcement Of U.S. Consumer Data Privacy Laws Part 1: Federal Agency Enforcement

    A threshold consideration for businesses trying to understand the actors that enforce U.S. consumer privacy laws is an analysis of which laws apply to that business.
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Avoiding The Efficiency Trap

    As recently discussed on this blog, the Seventh Circuit – in an opinion authored by Judge Posner – reversed a district court’s denial of class certification regarding claims involving Whirlpool washing machines that allegedly had a defect that caused mold to build up in the machines.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Shareholder Agreements—A Lot More Than Just "Housekeeping"

    Frequently we encounter corporations that do not have a Shareholder Agreement in place, which can create major problems for owners of a corporation.
    United StatesCorporate/Commercial Law
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Should Tenants Worry About Environmental Liabilities For Their Leased Property?

    By 2013, most property owners have heard of the advantages of performing environmental due diligence and conducting "All Appropriate Inquiry" by obtaining an Environmental Site Assessment before purchase.
    United StatesEnvironment
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    The Distinct Injury Requirement Is Alive And Well In Massachusetts Consumer Cases

    The patchwork of Massachusetts Supreme Judicial Court decisions construing our consumer protection statute (Chapter 93A) has created a great deal of confusion, particularly over the last decade as the Court has grappeled with the meaning of its 1985 decision in Leardi v. Brown.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Enforcing U.S. Consumer Data Privacy Laws Part 3: Private Litigation And Arbitration

    Following our discussions of state and federal government enforcement, this post focuses on the third way that consumer rights under U.S. privacy laws are enforced: in private proceedings.
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Matamoros v. Starbucks and Rule 23

    In our last post, Katy Rand explored both the substantive Massachusetts employment law issues and the Rule 23(a)(4) analysis in the First Circuit's recent Starbucks tips case. This post will now focus on the rest of the First Circuit's Rule 23 analysis.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    The New Net Worth Standard For Accredited Investors

    For companies raising capital through private or other limited offerings conducted in reliance on the safe-harbors from the registration requirements of the Securities Act of 1933.
    United StatesCorporate/Commercial Law
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Why You Should Revisit The Terms Of Your Corporate Insider Trading Policy In Light Of Increased Public And SEC Scrutiny

    Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 prohibit the employment of manipulative and deceptive devices in connection with the purchase or sale of securities, including transacting in securities "on the basis of" material nonpublic information, or, as it is more colloquially known, insider trading.
    United StatesCorporate/Commercial Law
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Do You Have An Employee Working In Georgia? If So, New E-Verify Requirements Should Be On Your Mind

    Georgia’s comprehensive immigration law requires that private employers enroll in E-Verify as a condition to obtaining or renewing a broad range of business licenses and other documentation required to operate a business or engage in a professional service.
    United StatesImmigration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    High Court Strikes A Blow To Securities-Fraud Defendants Opposing Class Certification

    In a watershed moment for class action securities litigation, last Wednesday the Supreme Court issued its opinion in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, making it easier for plaintiffs to obtain class certification and, in turn, pressure defendants into exorbitant settlements to avoid the costs of class action—and, in many cases, bet-the-company—litigation.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    What Businesses Need To Know About State Consumer Privacy Laws And Digital Accessibility

    In the continued absence of a comprehensive federal privacy law, a wave of new state privacy laws is filling the gap. As of August 2023, there are 11 states that have passed such laws...
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    SEC Adopts Rule Permitting General Solicitation In Private Placements And Proposes New Reg D Requirements

    On July 10, 2013, the SEC adopted new rules under Section 201(a) of the JOBS Act, repealing the ban on general solicitation in all Rule 144A offerings and certain Rule 506 transactions.
    United StatesCorporate/Commercial Law
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Maine House And Senate Under Democratic Control (Under The Dome: Inside The Maine State House 11.16.2012)

    While many were watching the Presidential race on election night, the battle for control of Maine’s Legislature also proved to be interesting.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Sweeping Maine Tax Reform Proposal Announced

    A bipartisan group of 11 legislators have proposed an overhaul of Maine’s tax system, including major changes to the individual and corporate income tax, property tax, sales tax, and estate tax.
    United StatesTax
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Ninth Circuit Upholds FERC's Interpretation Of Statute Of Limitations To Enforce Civil Penalties

    On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission's (FERC) interpretation of the statute...
    United StatesEnergy and Natural Resources
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Standard Fire Insurance Co. v. Knowles: Plaintiffs Cannot Manipulate Amount In Controversy To Avoid CAFA Jurisdiction

    The Class Action Fairness Act of 2005 (CAFA) was designed to ensure a federal forum for class-action cases "of national importance."
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Bond Package on November Ballot Unlikely; Early Cloture Date Set Going into Second Regular Session of 126th Legislature; (Under the Dome: Inside the Maine State House 8.2.13)

    Under the Dome: Inside the Maine State House</em> 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

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