Verrill Dana Helps Gardiner Water District Secure Land for a New Water Tank
Jan 01, 2013
OUTCOME: Successful
For roughly one year, Verrill Dana worked with longtime client Gardiner Water District, and its engineering firm Wright-Pierce, to secure land to allow the Water District to construct a one million gal...lon water tank in Farmingdale. The tank, which will help improve water pressure and the future integration of the Gardiner and Hallowell Water Districts, will be located on the former Kennebec Heights Country Club, which property was purchased by Central Maine Power as part of its Maine Power Reliability Program transmission project. The Verrill Dana team helped the District negotiate with Central Maine Power to acquire the land and finalize the terms of the acquisition. The team also helped the District work with the Maine Drinking Water Program, which is financing a portion of the project using State Revolving Loan Funds. On May 5th, the Drinking Water Program hosted a celebration of project, which represented the 200 millionth dollar of funds disbursed through the SRF program. Verrill Dana helped with the planning of the event, which was chronicled by the Kennebec Journal. The final closing took place approximately two months later.
Government
Verrill Dana Helps Neighborhood Group in Dispute Over Proposed Ferry Legislation
Jan 01, 2013
OUTCOME: Successful
In 2013, Jim Cohen helped a group of Yarmouth, Maine residents in a state legislative dispute involving the private ferry service serving the Town of Chebeague Island. In early 2013, the ferry service ...proposed draft legislation that would convert the private ferry company into a unit of local government with limited eminent domain authority on Chebeague Island. Neighbors on Cousins Island in Yarmouth – which is the mainland connection for the ferry -- were concerned that the legislation would give the ferry more political clout to expand parking and traffic in their neighborhood, and neighbors feared that expansions in ferry operations could be allowed based on actions in Augusta rather than locally. Jim Cohen, with help from Katie Gray and Gordie Smith, helped the neighbors research the relevant laws and presented the new information to neighbors and the Town of Yarmouth. Jim also worked with Kathie Summers-Grice of Maine Street Solutions to develop a website to help keep neighbors informed about the bill and help them connect with local elected officials. In mid-March of 2013, days after a presentation by Jim Cohen before the Yarmouth Town Council involving numerous comments from local residents, the Town of Chebeague Island voted to have the legislation withdrawn. This step allowed the two communities a fresh opportunity to work together on mutual solutions that can work for the long term. The dispute was covered by both the Bangor Daily News and the Portland Press Herald, both of which included quotes from Jim Cohen.
Banking
Verrill Dana Helps Bank Respond to Check Kiting Scheme
Jan 01, 2011
OUTCOME: Successful
Every year, it gets harder to run a bank and stay in compliance with ever changing banking rules. This complex job gets even harder when banks are confronted with the unexpected and must respond rapidl...y, but in compliance with the law. But when these crises happen, Verrill Dana is ready to help.
In 2011, one local bank learned that a business customer with both loans and deposit accounts had been engaging in a growing check kiting scheme, and the bank sought our advice as part of their response. Verrill Dana quickly pulled together a team experienced in corporate lending, bankruptcy, and bank security laws, and advised the bank regarding necessary notices to law enforcement and necessary steps to secure the funds and the collateral. Months later, Verrill Dana advised the bank on privacy laws and criminal investigation rules when law enforcement officials issued subpoenas as part of their investigation into the kiting scheme. With the right advice, the Bank was able to maximize their retention of assets, and remain compliant with the law.
State, local, and municipal law
Verrill Dana Tapped to Conduct Independent Investigation of Municipal Land Deal
Jan 01, 2010
OUTCOME: Successful
In 2009, the Chair of the Housing Authority in Brewer, Maine sold a parcel of land to the Brewer Housing Authority, netting more than double what he paid for the land two years earlier. Following subst...antial local scrutiny, the Brewer City Council decided to conduct an independent investigation of the land sale. Verrill Dana was retained to perform the investigation, and Jim Cohen and Alexia Pappas served as lead investigators. Over the next few months, they worked with City officials to develop a plan for the investigation, interviewed 19 witnesses, examined thousands of records, and meeting tapes, and prepared a thorough report to the City of Brewer. The investigation was conducted with careful consideration of Maine’s Freedom of Access Laws, attorney-client privilege, rules of civil procedure and evidence, and applicable laws governing the conduct of government officials.
On May 6, 2010, Jim Cohen presented the final Report to the City Council, the public, and the local media. The Report concluded that the land deal may have violated Maine’s misuse of information statute and otherwise violated certain conflict of interest standards in the Authority’s by-laws and at law. The final Report included specific details regarding how the Housing Authority – and other public agencies – could improve their processes to reduce the risk of a potential conflict of interest in the future. The delivery of the Report was extensively covered in the local paper and on television.
Energy and utilities
Reclassifying as a FERC-Jurisdictional Transmission Line
Jan 01, 2010
OUTCOME: Successful
In 2010, Madison Electric Works (MEW), an electric utility serving Madison, Maine, explored reclassifying its 115-kV power line as a FERC-jurisdictional transmission line. Reclassification of the line,... which serves Madison Paper Industries (MPI), Backyard Farms, and other customers in Madison, could permit MPI to receive electricity supply on more favorable terms. We advised MEW as to the steps necessary to obtain FERC-jurisdictional status, and researched the regulatory regime under which MEW would find itself were the reclassification to succeed. As the parties continue to negotiate the details concerning power supply to MPI, this project remains ongoing.
Government
Getting Legislation Passed Allowing Maine Banks to Sell Insurance
Jan 01, 1997
OUTCOME: Successful
Strategy development and successful negotiation were the keys in helping Maine's financial institutions. For years, Maine financial institutions could not sell insurance. That started to change in the ...mid-1990’s when the U.S. Supreme Court found that national banks could sell insurance, but the prohibition remained on state-chartered institutions in Maine. To solve the problem in Maine, we worked with an association of Maine banks to get the law changed. This required a detailed understanding of the laws governing insurance sales and bank power, and it required careful negotiations with state regulators, credit unions, and insurance producers over a six month period. In the end, we were able to help Maine banks reach an agreement with the parties that would allow Maine financial institutions to start selling insurance, and we helped get the law passed in 1997 with overwhelming support in the Maine Legislature.
Banking
Banking: Helping Non-Depository Trust Companies Do Business in Other States
N/A
OUTCOME: Successful
Verrill Dana has helped to form more non-depository trust companies in Maine than any other law firm. We have also helped our trust clients when they look to expand their business into other states.
...
In 2010, Verrill Dana worked with one of its trust company clients to obtain approval to do business in Massachusetts. To obtain that state’s approval, we needed to demonstrate that Maine law offered reciprocity to Massachusetts trust companies seeking to do business in Maine. Verrill Dana moved forward to analyze the laws, and upon finding sufficient reciprocity, sought and obtained a letter of support from the Maine Bureau of Financial Institutions. Armed with this letter, the Maine trust was able to obtain approval to do business in Massachusetts.
In 2011, we helped another trust company client obtain approval to do business in New Hampshire. Like Massachusetts, New Hampshire has a reciprocity statute requiring a showing that the home state of the trust company allowed New Hampshire trusts to do business on the same terms as New Hampshire would allow trusts from the home state. We analyzed Maine law through this lens, and determined that Maine law did have reciprocity with New Hampshire law. Several short weeks later, we obtained a letter of support from the Maine Bureau, and received final approval from the State of New Hampshire.
Telecommunications
Helping a Dark Fiber Provider Bring High-Speed Broadband to Rural Maine
N/A
OUTCOME: Successful
Many of Maine’s rural areas do not have adequate access to high-speed broadband services. In 2008-09, a group of Internet providers and CLECs joined with state officials to map out a plan to install 11...10 miles of high capacity dark fiber in three rings across rural Maine – known as “Three Ring Binder.” The project required a substantial grant under the American Recovery and Reinvestment Act, and a private match. Verrill Dana joined the team in 2009 and advised the lead applicant regarding government and public outreach as well as communications with other businesses and telecommunications providers in Maine.
In late 2009, US Commerce Secretary Gary Locke flew to Maine to announce a $25 million ARRA grant from the National Telecommunications Information Agency, the first such award in the country. A major success for Maine.
In 2010, we helped pass necessary legislation to create a new telecommunications entity in Maine, a “Dark Fiber Provider,” which was necessary to allow the new venture to attach their fiber to utility poles in the public right of way. The legislation was bitterly opposed by competitors and their unions, but was ultimately passed after months of negotiations with stakeholders, the Governor’s office, the US Department of Commerce, and a range of state agencies. Once passed, we assisted the new Dark Fiber Provider obtain a certificate to do business from the Maine PUC and work with pole owners in Maine to obtain reasonable access to their facilities.
In 2011, a US Chamber of Commerce study listed Maine as the top infrastructure state in the nation, in large part because of the establishment of the Three Ring Binder. And businesses in rural parts of Maine are increasingly seeing the benefits of middle-mile fiber.
Government contracts
Helping Radio Provider Win Contract to Build Statewide Radio System
N/A
OUTCOME: Successful
The world of radio communications providers is highly competitive. In 2007, the State of Maine issued an RFP to select a vendor to design and build a statewide radio system to serve multiple state agen...cies. The new system was needed to address failing infrastructure, obsolete equipment, growing need for interoperability, and federal narrow-banding deadlines. Verrill Dana was retained by one national vendor to help develop a successful proposal, and advise the vendor regarding how best to present the proposal to the State.
In 2008, we were gratified to learn that our client received the top score on the RFP and was awarded a contract worth nearly $50 million. However, before the ink was dry on the award, one of the disappointed bidders filed a challenge, and the matter went to administrative review. We served as outside counsel for the winning bidder. After months of discovery and briefing, a multi-day hearing was held, and the review panel determined that the State’s RFP had a flaw that served to invalidate the RFP. On appeal, the Superior Court agreed, and the State went back to the drawing board and issued a new RFP.
Again, we worked with the vendor to develop a new proposal, and again, the State awarded the contract to our client. This time, there was no appeal, and a final contract was executed in the summer of 2009.
But the story does not end there. Within months of contract execution, we learned that opponents of the statewide radio contract had persuaded several state and local government officials to investigate the statewide radio contract and determine whether it was in the state’s interest. Working quickly, we helped our client work with state officials in the fall of 2009 to address the concerns of lawmakers through the following steps: hosting a statewide “listening” tour to ensure full understanding of the project; developing a website and explanatory materials; and outreach to key state and local officials. We also planned a demonstration project in 2010 for key officials to illustrate that the system design worked and would enhance radio communications in the State.
This substantial effort paid off later when a bill was filed in early 2010 that would have dramatically reduced the State’s ability to build the radio system as planned. With the local support gained during and after the outreach tour, we were able to satisfy state lawmakers that the contract was important for the State and would meet the needs of local government. As a result, the bill died.
After nearly five years of work, our experience with the award of this radio contract underscores the need to carefully understand the needs of procuring agencies; develop clear materials that allow key officials to readily understand complex systems; facilitate open and collaborative communications with state and local officials; and stay a step ahead of any controversies that may arise.
Land use and zoning
Verrill Dana Helps Methadone Clinic Win Local Approval in Sanford, Maine
N/A
OUTCOME: Successful
Verrill Dana has a long history of helping methadone clinics in Maine, having helped permit the very first clinic in the mid-1990’s. In early 2011, a Massachusetts based provider of opiate addiction tr...eatment services approached Verrill Dana for assistance in opening an outpatient Methadone treatment clinic in Sanford, Maine. On October 2nd, 2012, after more than 18 months of work, Verrill Dana succeeded in helping the client win approval from the Sanford Town Council to open a clinic. The process was not easy. It began with a series of local meetings with stakeholders and advice on Maine law governing substance abuse treatment. It then progressed to a deal to buy a parcel of land in Sanford along with a construction agreement with the seller. In September of 2011, Verrill Dana helped Spectrum file an application with the Town, which started a nearly year-long process punctuated with multiple trips to the Planning Board, to the Town Council to address a temporary moratorium, and then back to the Council for final approval in fall of 2012. The Verrill Dana team's work effort was truly cross-disciplinary, covering issues of municipal and land use law, health care law, ADA litigation, construction law, real estate law, and lobbying. With the approval of the clinic, area residents can now look forward to improved addiction treatment services to address the growing problem of opiate abuse in Maine and the nation.
