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Publications

Climate Change Compliance and Verso Paper
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Lessons learned from the RGGI process at the Bucksport mill provide valuable insight into how public policy can support manufacturing while ensuting ...
Aug 02, 2010
Is Your Business Method Patentable? The Supreme Court's Bilksi Opinion Sheds New Light on the Definition of ...
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On June 28, the U.S. Supreme Court issued a highly anticipated opinion regarding the type of innovation that is eligible for patent ...
Jul 13, 2010
Short Circuit: How will Bilski v. Kappos inform the Federal Circuit on Medical Diagnostic Patents?
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On Monday, June 28, the Supreme Court stated that the "machine or transformation test" enunciated by the Court of Appeals for the Federal Circuit in ...
Jun 28, 2010
Social Media: Where Hidden Potential Meets Legal Risk
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Social media sites are here to stay. Businesses large and small, across all sectors, are navigating the hidden potential of using Facebook, LinkedIn, ...
Jun 17, 2010
USPTO Seeks Input on Proposed Patent Application Changes
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United States Patent and Trademark Office to Hold Public Meeting on July 20 to Encourage Applicant Input on Announces Enhanced Examination Timing ...
Jun 14, 2010
Maine's Public Records Law Now Applies to Private Contractors Doing Business with the State of Maine
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The Maine Legislature in 2009 enacted a little-known but important change that requires records of work performed by private contractors to be open ...
May 28, 2010
A Whole New World of Tax Law: Understanding 2010 Changes to the Federal Estate Tax
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On January 1, 2010, we entered a whole new world of tax law, at least for the rest of 2010. Why? The Federal Estate Tax ("FET") has been repealed for ...
May 25, 2010
Disclosures on Campaign Communications: A Primer for Newspapers
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Published by the Maine Press Association With election season in full swing, several newspapers have inquired about their obligation to include ...
May 25, 2010
EPA Issues Final Tailoring Rule to Regulate Greenhouse Gases
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Yesterday, the U.S. Environmental Protection Agency (EPA) announced a final rule to address greenhouse gas (GHG) emissions from the largest ...
May 14, 2010
Announcement of Committee on Health Care Reform Meeting
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The Maine Legislature's newly formed Joint Select Committee on Health Care Reform Opportunities and Implementation announced that it will convene its ...
May 07, 2010
PACE – Helping Homeowners with Energy Costs
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How can PACE help your residents? The state of Maine's Efficiency Maine agency recently received $30 million in federal money to fund a PACE ...
May 03, 2010
Protecting and Leveraging Intellectual Property in International Markets
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Before your business sends goods or services across borders, it should develop an export plan, identifying target markets, demand, local partners and ...
Apr 28, 2010
4/14/10 Climate Matters Breakfast: Michael Stoddard of Effieciency Maine Trust
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Preti Flaherty's Climate Strategy Group was ...
Apr 14, 2010
EPA Proposes to Revoke Clean Air Act Aggregation Rule
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Today, the U.S. Environmental Protection Agency announced that it is proposing to revoke the Bush Administration's so-called "Aggregation Rule" put ...
Mar 30, 2010
Federal Healthcare Reform Legislation is Enacted
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This week, President Obama signed major new healthcare reform legislation into law. Understanding the impact of this legislation on healthcare ...
Mar 26, 2010
Short Circuit 3.24.2010: The Federal Circuit issued much anticipated opinion on written description in Ariad v. ...
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Ariad Pharmaceuticals, Inc., Massachusetts Institute of Technology, The Whitehead Institute for Biomedical Research, and The President and Fellows of ...
Mar 24, 2010
FCC's National Broadband Plan Aims To Create Competition
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Hurts Rural Telephone Carriers and TV Broadcasters On Tuesday, March 16, the Federal Communications Commission delivered to Congress a National ...
Mar 16, 2010
DOE Releases Study of U.S. Wind Power Potential: Maine has highest wind potential in New England
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The Department of Energy (DOE) has released an updated estimate of the potential for U.S. wind-generated electricity by state. As of 2009, total U.S. ...
Mar 03, 2010
EPA Answers Key Questions Regarding GHG Regulation Under the Clean Air Act
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On February 22, 2010, the Environmental Protection Agency (EPA) provided answers to key questions posed by eight U.S. Senators regarding the ...
Feb 23, 2010
CEQ Issues Draft NEPA Guidance Regarding Greenhouse Gases and beyond
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On February 18, 2010, the White House Council on Environmental Quality (CEQ) issued draft guidance on the following subjects of importance to the ...
Feb 19, 2010
Short Circuit 1.19.2010 - Brief Comments on Opinions from the Federal Circuit
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Wyeth and Elan Pharma International v. David J. Kappos, Slip op. 2009-1120 (Fed. Cir. January 7, 2010)Patentee Tips for Dealing with Patent ...
Feb 09, 2010
ABA Environmental Enforcement and Crimes Committee Newsletter Jan. 2010 - Vol. 11, No. 1
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NPDES ENFORCEMENT POST-RAPANOS The Supreme Court's decision in Rapanos v. United States and Carabell v. United States, 126 S. Ct. 2208 (2006) ...
Jan 28, 2010
EPA Proposes Stricter Limits on Ozone
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On January 6, 2010, the U.S. Environmental Protection Agency ("EPA") announced a proposal to impose stricter air-quality standards for ozone (the ...
Jan 08, 2010
Interview with Hall New Media on the Legal Implications of Social Media
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IP attorney Fred Frawley discusses the legal implications of social media with Amanda O'Brien of Hall Web Services. Click here to access the complete ...
Nov 04, 2009
Road to Copenhagen: Events Leading up to UN Climate Change Conference
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The following is a summary of events leading up to the UN Climate Change Conference (COP 15) to be held in Copenhagen this December. Bangkok (9/28 ...
Oct 06, 2009
EPA Proposes to Focus First Greenhouse Gas Permitting Requirements on Large Industrial Facilities
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On September 30, 2009, the U.S. Environmental Protection Agency ("EPA") announced a proposal to phase-in greenhouse gas emissions permitting ...
Oct 01, 2009
Greenhouse Gas Nuisance Suit Against Utilities to Proceed
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On September 21, 2009, the U.S. Court of Appeals for the Second Circuit ruled that a public nuisance suit brought by New York and several other ...
Sep 22, 2009
Boats, Baseballs and What a Repeal of the Cuban Refugee Adjustment Act Might Mean for Both
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Attorney Paul Greene's article, "Boats, Baseballs and What a Repeal of the Cuban Refugee Adjustment Act Might Mean for Both" -- Published by ...
Sep 17, 2009
An Act to Enact the Uniform Prudent Management of Institutional Funds Act signed into law
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On June 19, 2009, Governor Baldacci signed into law LD 1402, An Act to Enact the Uniform Prudent Management of Institutional Funds Act (UPMIFA) after ...
Jul 20, 2009
Employers Who Defer Paying Employee Compensation Must Follow New IRS Rules
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On April 10, 2007, the IRS and the Treasury Department issued final regulations for Internal Revenue Code Section 409A. The final regulations ...
Jul 16, 2009
Climate Change Compliance Considerations for an Integrated Pulp & Paper Facility Utilizing Combined Heat and ...
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By Anthony W. Buxton, Esq., Todd J. Griset, Esq. and Steven A Hudson, Government Relations Advisor, Preti Flaherty Beliveau & Pachios, LLP ...
Jun 30, 2009
Maine Legislature Expands Employer Obligations Under The Maine Family Medical Leave Requirements Law
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The Maine Legislature has enacted two laws which expand the obligations of covered employers under Maine's Family Medical Leave Requirements ("FMLR") ...
Jun 14, 2009
Court Rules That Paid Vacation and Sick Leave Cannot be Substituted for FMLA Leave Covered Under Disability Leave ...
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The Family Medical Leave Act (FMLA) permits employers to allow or require substitution of paid vacation, personal or sick leave for certain unpaid ...
Apr 03, 2009
Formation Options for Small Businesses
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Q: I run a small business, but haven't taken steps to create a formal entity in my State. Is this a problem? A: It is certainly possible ...
Jan 31, 2009
Maine to crack down on employee misclassification
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On January 14, 2009, Governor John Baldacci signed an Executive Order creating a new Joint Enforcement Task Force, intended to coordinate the ...
Jan 28, 2009
DOL Issues New FMLA Regulations
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On November 17, 2008, the DOL published long awaited changes to the FMLA regulations. These final regulations implement the requirements, imposed ...
Dec 31, 2008
Employee Free Choice Act Remains in Limbo
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Three weeks after the November 4 elections, two United States Senate seats remain undecided, with a runoff election scheduled for December 2 in ...
Nov 25, 2008
New EPA policy offers incentives to new owners of regulated facilities who undergo environmental audits
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Prospective purchasers of ongoing manufacturing/industrial businesses may want to consider including a robust environmental regulatory compliance ...
Nov 13, 2008
Campaign politics in the workplace: should your employees mind their political manners?
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Authored for the Maine Press Association The presidential election is generating a tremendous amount of interest. Many Americans are ...
Oct 07, 2008
Maine Minimum Wage Increases to $7.25/hour
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Effective today, October 1, 2008, the Maine minimum wage hourly rate has increased from $7 to $7.25/hour. Next year, a second increase will increase ...
Oct 01, 2008
Could Your 401K Plan Invite ERISA Claims?
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The U.S. Supreme Court has recently added new possibilities to the complicated world of employee benefit claims by permitting an employee to sue a ...
Apr 15, 2008
March 2008 Workers' Comp E-Newsletter
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Three recent Maine Supreme Judicial Court decisions affect Maine workers' compensation: 1. Thompson v. Earle W. Noyes & Sons, Inc. Employees ...
Mar 24, 2008
FMLA Update: President Bush Signed Law Expanding FMLA
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On January 28, 2008, President Bush signed into law the National Defense Authorization Act for FY 2008, which, among other things, amends and expands ...
Jan 31, 2008
Personal Liability Under the FLSA is a Reality for Corporate Officers
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Corporate officers should beware that liability for unlawful employment practices under the Fair Labor Standards Act (FLSA) can reach beyond the ...
Jan 08, 2008
Employers Must Recognize "Gender Identity" and "Gender Expression" in the Workplace
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On September 15, 2007, the Maine Human Rights Commission finally defined "gender identity" and "gender expression." These changes contemplate that in ...
Dec 27, 2007
New Version of I-9 Form Now Required for All New Employees
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The U.S. Citizenship and Immigration Services (USCIS) has revised Form I-9, used to verify the employment eligibility of all new employees. ...
Nov 16, 2007
Has Caregiver Discrimination Hit Your Workplace?
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Growing numbers of employees with family responsibilities, including child and elder care, are filing "caregiver discrimination" or "family ...
Oct 24, 2007
Recent Maine Supreme Judicial Court Decisions Affect Workers' Compensation Law
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In the past two months there have been several important Maine Supreme Judicial Court decisions affecting Maine Workers' Compensation. Consider how ...
Oct 02, 2007
New Proposed Regulations Issued for Code Section 125 Cafeteria Plans
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On August 3, 2007, the Internal Revenue Service issued new proposed regulations for the administration of Code Section 125 Cafeteria Plans. The ...
Aug 24, 2007
Responding to "No-Match" Letters -- Stricter Federal Enforcement is Imminent
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Within the next week, the Department of Homeland Security is expected to issue final regulations that will toughen its enforcement of employment ...
Aug 08, 2007
First Minimum Wage Increase Coming this July
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On May 25, 2007, President Bush signed an emergency war supplemental spending bill that also raises the federal minimum wage. The Fair Minimum Wage ...
Jul 03, 2007
Hiring Summer Employees?
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Summer is officially here, which means summer job season is beginning. If you hire high school or college students, you should be aware of a ...
Jun 25, 2007
Maine Legislature Enters Fray Over Disability Definition
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On Thursday, April 5, 2007, the Judiciary Committee of the Maine State Legislature held a public hearing regarding LD 1027, An Act to Clarify the ...
Apr 13, 2007
Federal District Court Refuses to Overturn Arbitrator's Decision
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The burden of overturning an arbitrator's labor decision is a weighty one. Both state and federal courts are reluctant to overrule the decision ...
Apr 13, 2007
Jewelers Breakfast Presentation
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Presented by Intellectual Property attorney Chelsea Fournier on June 16, 2010.

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