ArticleDistrict Of Massachusetts Denies Certification In Home Loan Modification CaseThe home mortgage crisis of the last several years has spawned its share of new government regulation and litigation.United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleWARN Act Class Certified in the District of MaineLast 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 & ArbitrationPierce Atwood LLP
ArticleEnforcement Of U.S. Consumer Data Privacy Laws Part 1: Federal Agency EnforcementA 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 StatesPrivacyPierce Atwood LLP
ArticleAvoiding The Efficiency TrapAs 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 & ArbitrationPierce Atwood LLP
ArticleShareholder 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 LawPierce Atwood LLP
ArticleShould 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 StatesEnvironmentPierce Atwood LLP
ArticleThe Distinct Injury Requirement Is Alive And Well In Massachusetts Consumer CasesThe 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 & ArbitrationPierce Atwood LLP
ArticleEnforcing U.S. Consumer Data Privacy Laws Part 3: Private Litigation And ArbitrationFollowing 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 StatesPrivacyPierce Atwood LLP
ArticleMatamoros v. Starbucks and Rule 23In 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 HRPierce Atwood LLP
ArticleThe New Net Worth Standard For Accredited InvestorsFor 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 LawPierce Atwood LLP
ArticleWhy You Should Revisit The Terms Of Your Corporate Insider Trading Policy In Light Of Increased Public And SEC ScrutinySection 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 LawPierce Atwood LLP
ArticleDo You Have An Employee Working In Georgia? If So, New E-Verify Requirements Should Be On Your MindGeorgia’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 StatesImmigrationPierce Atwood LLP
ArticleHigh Court Strikes A Blow To Securities-Fraud Defendants Opposing Class CertificationIn 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 & ArbitrationPierce Atwood LLP
ArticleWhat Businesses Need To Know About State Consumer Privacy Laws And Digital AccessibilityIn 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 StatesPrivacyPierce Atwood LLP
ArticleSEC Adopts Rule Permitting General Solicitation In Private Placements And Proposes New Reg D RequirementsOn 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 LawPierce Atwood LLP
ArticleMaine 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 SectorPierce Atwood LLP
ArticleSweeping Maine Tax Reform Proposal AnnouncedA 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 StatesTaxPierce Atwood LLP
ArticleNinth Circuit Upholds FERC's Interpretation Of Statute Of Limitations To Enforce Civil PenaltiesOn 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 ResourcesPierce Atwood LLP
ArticleStandard Fire Insurance Co. v. Knowles: Plaintiffs Cannot Manipulate Amount In Controversy To Avoid CAFA JurisdictionThe Class Action Fairness Act of 2005 (CAFA) was designed to ensure a federal forum for class-action cases "of national importance." United StatesLitigation, Mediation & ArbitrationPierce Atwood LLP
ArticleBond 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 SectorPierce Atwood LLP