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  • Article

    There's No Tying In Litigation - Factors To Determine The Winner For Fee Shifting Provisions

    Deciding whether to include a prevailing party attorneys' fee provision in a contract is important, as doing so has significant risk and cost implications of litigation.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Treasury Issues Long-Awaited Guidance On Transferability And Direct Pay Provisions Of IRA

    The U.S. Department of the Treasury recently issued its long-awaited guidance on two cash monetization options available for renewable energy projects under the Inflation Reduction Act of 2022...
    United StatesEnergy and Natural Resources
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Insurance And Risk Management For Breach Of Data Privacy And Information Security

    Unfortunately, the standard commercial property and general liability insurance policies do not cover electronic data, network and privacy risks and so, unless you have taken steps to specifically cover these "electronic" risks, your business may have to pay for these losses out of its own funds.
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    DOE Issues Proposed Rules To Accelerate Permitting And Enable More Rapid Deployment Of Interstate Transmission Projects

    On August 10, 2023, the Department of Energy ("DOE") issued a Notice of Proposed Rule Making ("NOPR") proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program ("CITAP Program")...
    United StatesEnergy and Natural Resources
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Noohi v. Toll Bros., Inc., ___ F.3d ___ (4th Cir. 2013): Dialing Back AT&T Mobility LLC v. Concepcion

    On February 26, 2013, a panel of the 4th Circuit Court of Appeals in Noohi v. Toll Bros., Inc., a putative class action alleging the wrongful retention of class members’ earnest money deposits under the terms of their purchase and sale contracts, held that the arbitration provision contained in those agreements was unenforceable based on a requirement of state law.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    FERC Makes Meaningful Revisions To Interconnection Process With Order No. 2023

    In what FERC Chairman Willie Phillips referred to as "a watershed moment for our nation's transmission grid," the new rule includes several areas of reform.
    United StatesEnergy and Natural Resources
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Why Class Definitions Matter

    Three things are certain in life: death, taxes, and class definitions.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Data Breaches And Litigation: It's The American Way

    According to Gartner, Inc., a Stamford, Connecticut-based information technology research and advisory firm, approximately 7.5 per cent of adults in the United States lost money as a result of some sort of financial fraud in 2008, in large part because of data breaches.
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Data Security Breach Notification Requirements In The United States: What You Need to Know

    Data security breach notification has become a significant compliance risk for most businesses today.
    United StatesPrivacy
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    The Fiduciary Exception to the Attorney-Client Privilege

    While the question of what discovery is permitted in litigation involving the Employment Retirement Income Security Act (ERISA) after the Supreme Court’s decision in MetropolitanLife Ins. Co v. Glenn, 554 U.S. 105 (2008), looms, an equally intriguing question is emerging in various federal circuits about what privileges apply in ERISA discovery.
    United StatesLitigation, Mediation & Arbitration
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Article

    Major Changes To Legislative Leadership And Committee Composition In Store (Under The Dome: Inside The Maine State House Special Edition 11.21.2012)

    Election Day change in control of both chambers of Maine’s Legislature was dramatic, with Democratic candidates capturing a number of open seats and defeating incumbent legislators in both chambers.
    United StatesGovernment, Public Sector
    Pierce Atwood LLP
    Pierce Atwood LLP

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