Curtis Thaxter

Real Estate

The firm is a statewide leader in the development, redevelopment and preservation of affordable housing projects and in community redevelopment projects involving low income housing and historic tax credits.

We were the first Portland law firm to form a title insurance company. We are counsel to developers of real estate projects of all kinds, from small subdivisions to developmental and adaptive reuse of landmark buildings throughout northern New England. We represent local, regional and national lenders in all aspects of commercial financings. We represent buyers, sellers, owners and developers of commercial properties and in all aspects of land use law. We are active in all aspects of the acquisition, development, preservation, restructuring and financing of affordable housing projects in Maine and nationally. We are strong supporters of “Smart Growth.”

Specialties:

• Title law
• Boundary matters
• Easements and rights of way
• Colonial ordinance law
• Submerged and waterfront lands
• Housing projects, Maine and national
• Low-income housing tax credits
• Tax-exempt bonds

Memberships:

• Maine Real Estate & Development Association
• Maine Affordable Housing Coalition

Attorneys:

• James L. Costello
• Tyler C. Costello
• Amy N. Devin
• Kylie M. Germann
• Nancy Savage Marcus
• Richard P. Olson
• David J. Perkins
• Maurice A Selinger, III
• David P. Silk

LITIGATION & ALTERNATIVE DISPUTE RESOLUTION

Curtis Thaxter’s accomplished litigation attorneys understand the immense stress and potential consequences that arise when businesses, individuals, and families are involved in lawsuits. These disputes can jeopardize financial stability, tarnish reputations, and put valuable assets at risk. However, taking assertive and proactive action is sometimes necessary to safeguard legal rights and financial interests. At Curtis Thaxter, our litigation attorneys represent individuals and businesses of all sizes in a wide variety of legal disputes.

Our team has extensive expertise in handling complex commercial disputes for businesses of varying scales, including breach of contract cases, construction disputes, representation and warranty claims, and statutory lien matters. We also represent businesses in all manner of employment disputes, from discrimination complaints to wage and hour claims. Our attorneys develop a comprehensive understanding of each client’s business, profession, or industry, which enables us to offer timely guidance and responsive service aimed at resolving disputes in a cost-effective manner.

Over the decades, our litigation attorneys have cultivated Curtis Thaxter’s reputation as one of Maine’s premier law firms for individuals and businesses involved in land use and property disputes. Our firm has a rich history of vigorously defending the rights of individual property owners. We have successfully represented numerous owners of beach-front properties in litigation to protect rights over the intertidal zones along the state’s coast. We have diligently advocated for property owners involved in disputes over title, easements, boundary locations, and access to lakes and rivers. Our litigation attorneys regularly appear before municipal planning boards and boards of appeal serving as staunch advocates for individual property owners seeking site plan approvals, variances, or resolution of zoning disputes. We also frequently represent businesses and individuals in administrative actions before the Department of Environmental Protection, Department of Marine Resources, the Board of Tax Appeals, and other government agencies. Recognizing the deeply personal nature of each client’s property rights, our attorneys provide candid advice and work diligently to deliver effective solutions.

While our litigation attorneys are prepared to aggressively defend or pursue litigation on behalf of our clients, we also understand the value of cost-saving, pre-litigation measures such as mediation. Our attorneys excel at finding creative solutions that avoid protracted litigation and foster resolution whenever feasible.

Specialties:

• Administrative Law
• Boundary Disputes
• Commercial Contracts
• Construction
• Creditor’s Rights
• Discrimination Claims
• Employment Disputes
• Healthcare
• Land Use and Zoning
• Property Rights
• Telecommunications

Attorneys:

• Emily P. Crowley
• Kylie M. Germann
• Richard P. Olson
• Robert J. Papazian
• David J. Perkins
• David P. Silk
• Sidney St. F. Thaxter
• Jason J. Theobald

HEALTHCARE

We provide comprehensive guidance to medical and other health care practices and individual providers on a wide spectrum of matters. This includes not only the establishment and effective governance of the practice itself but also its strategic affiliations with other groups, relationships with hospitals, property ownership and leasing matters, as well as the regulatory and transactional landscape surrounding equipment acquisitions and the development of new facilities.

We also provide counsel to individual physicians and other healthcare providers on a range of issues affecting their practice. These include the development of employment agreements with practices and hospitals, facilitating seamless buy-ins to, or separation from, group practices, and appearing on their behalf on disciplinary matters before licensing boards. Our attorneys have served as faculty members on educational panels focused on topics such as fraud and abuse, antitrust regulations, certificate of need requirements within the health care field and on employment matters within the commercial sector.

Specialties:

• Development of provider employment agreements
• Formation and operation of new medical practices
• Healthcare joint ventures and affiliations
• Development of new medical and surgical facilities

Affiliations and Memberships:

• Maine Medical Association
• American Health Lawyers Association
• Healthcare sections of the Maine and American Bar Associations

Attorneys:

• Amy N. Devin
• John D. Gleason
• Robert J. Papazian

BUSINESS, CORPORATE AND FINANCE

Our team of attorneys caters to the diverse needs of both large and small enterprises, covering a broad spectrum of business-related practice areas, business entities, and transactions. Whether it’s assisting start-ups with corporate governance or facilitating complex mergers, acquisitions, sales, and reorganizations, our attorneys offer comprehensive legal support at every stage of the business cycle. Additionally, we provide invaluable business planning services, ensuring our clients have a solid foundation for success. Our expertise extends to helping clients raise debt and equity financing, including navigating securities-related matters in private placements.

In regulatory and financing matters, we represent both businesses and lending institutions, offering guidance on compliance, development, purchase and sales, restructuring, and workouts. Our Business, Corporate, and Finance attorneys seamlessly collaborate with lawyers from other practice areas to deliver tailored solutions for transactions of varying complexity.

With more than 20 years of experience, we have been advising businesses and individuals on intellectual property matters, particularly trademarks and copyright. Our services encompass prosecuting applications for protection at state and federal levels, as well as providing robust defense or pursuit of trademark and copyright infringement claims.

When it comes to buying and selling businesses, we offer valuable insights and strategic advice, including guidance on succession planning within family-owned enterprises. This may involve exploring options such as employee stock ownership plans to facilitate smooth ownership transitions.

During challenging business cycles, we work closely with lenders and debt holders to help alleviate financial burdens and create manageable obligations through negotiated agreements, commonly referred to as “workouts.” Our objective is to assist clients in stabilizing their financial position, enabling them to recover and meet their obligations on mutually agreed-upon terms. We collaborate closely with clients and their financial advisors/accountants to develop effective strategies that steer businesses from insolvency toward profitability.

In times of cash flow constraints, it is crucial to maintain open communication with lenders and vendors. We offer our expertise in conveying accurate and transparent information to creditors, facilitating productive discussions and establishing viable plans for recovery.

In instances where a workout is not feasible due to the size or number of creditor claims, we provide representation for firms pursuing bankruptcy reorganization under Chapter 11 of the United States Bankruptcy Code. Depending on the circumstances, we may also advise on a Chapter 7 bankruptcy filing, followed by negotiations with the United States Trustee, to align with your specific objectives.

Our services extend to assisting businesses and owners in resolving internal ownership and management disputes that may arise, fostering amicable resolutions.

Furthermore, we support businesses in accessing loans that aid in their recovery, such as the Paycheck Protection Program loans offered by the Small Business Administration (SBA).

Attorneys:

• James L. Costello
• Tyler C. Costello
• Amy N. Devin
• Kylie M. Germann
• John D. Gleason
• Nancy Savage Marcus
• Richard P. Olson
• Robert J. Papazian
• Michael B. Peisner
• David J. Perkins
• Maurice A. Selinger, III

EMPLOYMENT

With a wealth of experience in the increasingly complex field of employment law, our attorneys provide trusted counsel to businesses, nonprofits and individuals.

We advise employers of all sizes on everything from day-to-day personnel matters to pivotal management decisions. Our attorneys focus on delivering practical solutions tailored to the unique needs of each client’s business and workforce. We help clients develop effective compliance strategies and sensible employment policies to manage legal risk. We’ve given countless trainings and seminars for clients and industry groups on topics like: workplace harassment, employee leave laws, the Americans with Disabilities Act (ADA) and reasonable accommodations, discipline and termination, employment law basics for supervisors, and employment discrimination.

When disputes arise, our attorneys represent employers in federal and state courts, and before the Maine Human Rights Commission (MHRC) and other government agencies. Our extensive courtroom experience, coupled with our deep understanding of employment law, makes us strong and effective advocates for our clients.

Our areas of practice include:

• Creating and updating employee handbooks and policies
• Workplace trainings, including state-mandated sexual harassment trainings
• Hiring, discipline, and termination
• Employee leave laws, including the Family and Medical Leave Act (FMLA)
• Americans with Disabilities Act (ADA) and accommodations
• Wage and hour compliance (FLSA)
• Discrimination and harassment
• Workplace investigations
• Whistleblower complaints
• Employment contracts
• Separation and severance agreements
• Noncompetition and nonsolicitation agreements

Our attorneys also have extensive experience assisting executives, professionals, and other employees in navigating all aspects of the employment relationship. We regularly advise individual clients on major employment transitions, including negotiating employment contracts, noncompete and nonsolicitation restrictions, and separation agreements.

Attorneys:

• Emily P. Crowley
• John D. Gleason
• Robert J. Papazian

ENERGY, UTILITIES AND TELECOMMUNICATIONS

Our firm represents a wide range of clients within the energy and communications sectors, including electric utilities, transmission and renewable energy project developers, broadband wireless providers, communications companies, lenders, businesses, and contractors. Our reach extends across the United States, representing US and foreign clients and offering our expertise to a diverse clientele.

Employing a collaborative team approach, we leverage the collective knowledge and experience of all our practice areas. This enables us to provide comprehensive legal support in various areas such as business organization, real estate acquisition, regulatory compliance and proceedings, business and project acquisition and financing, construction law, and traditional operational matters.

When it comes to utility energy clients, we have successfully guided them through the intricate process of developing large-scale energy corridors, and generator leads.

We have represented project developers in acquiring, financing and constructing renewable energy projects from inception to completion. Our extensive experience includes assisting lenders and equity investors in evaluating and financing major projects, not only in Maine but also throughout the United States.

Regarding broadband expansion, we offer regular counsel and assistance to owners of pole infrastructure, broadband developers, wireless providers, and municipalities. We understand the unique opportunities and challenges presented by broadband expansion in Maine and New England, and we strive to ensure our clients are well-positioned to navigate this dynamic landscape. Our attorneys possess in-depth knowledge of Maine utility law and have successfully represented clients in proceedings before the Maine Public Utilities Commission. Moreover, we provide expert counsel on matters involving regulatory bodies such as the Federal Energy Regulatory Commission and the Federal Communications Commission.

Curtis Thaxter is dedicated to providing exceptional legal guidance and representation in the energy and communications sectors, offering insights and strategies that align with the evolving needs and opportunities of our clients.

Experience includes:

• Representing Maine utilities on a host of matters involving, transmission line corridors, interconnection matters and regulatory law.
• All aspects of broadband deployment.
• Representing developers site, construct and finance hydro, wind and solar projects.
• Corridor development and real estate acquisition.
• Negotiation of electric interconnection agreements relating to generator leads and interconnection facility construction agreements.
• Negotiation and advising on power purchase contracts.
• Public-private broadband partnerships.
• Wholesale provider agreements and agreements to connect to communication facilities.
• Use of public and private ways for electricity and communication facilities.
• Wired and wireless communications and broadband infrastructure.
• State and local regulatory compliance issues.
• Local, state, and federal broadband policy.
• Federal and state licensing and compliance.
• Telecommunications service negotiations and contracting assistance.
• Environmental, permitting, zoning, and land use issues.
• Broadband and telecommunications advocacy.

Attorneys:

• James L. Costello
• Michael B. Peisner

ESTATE PLANNING & PROBATE

At Curtis Thaxter, we specialize in assisting Maine families and their businesses with a wide array of services, including estate and business succession planning, trust and estate administration, probate disputes, as well as the establishment of vacation home trusts and LLCs. With a legacy of providing counsel on thoughtful and considerate planning since our firm’s inception, we bring a wealth of experience to guide our clients through the complexities of preserving and passing on their legacies.

Our dedicated team of professionals understands the importance of comprehensive estate and business succession planning. We work closely with families and business owners to develop personalized strategies that protect their assets, provide for future generations, and ensure a smooth transition of their businesses. Whether it’s crafting wills, establishing trusts, or implementing tax-efficient structures, our goal is to help clients achieve their long-term objectives while minimizing potential challenges.

In addition, we provide diligent support in trust and estate administration, ensuring that the wishes of our clients are carried out in accordance with their estate plans. We handle the intricate details, including asset distribution, management of trusts, and compliance with legal and tax requirements, offering peace of mind to both individuals and families during challenging times.

In situations where disputes arise, we offer skilled representation in probate disputes, employing our extensive knowledge and expertise to navigate complex legal proceedings and advocate for our clients’ interests. Our approach is centered on finding amicable resolutions whenever possible, while vigorously defending our clients’ rights and pursuing their objectives.

Moreover, we recognize the unique considerations surrounding vacation homes and other recreational properties. We assist clients in establishing trusts and limited liability companies (LLCs) specifically designed to preserve and protect these assets for future generations. Our aim is to provide practical solutions that address the complexities of managing and passing on cherished vacation properties while minimizing potential conflicts.

Throughout the years, Curtis Thaxter has built a reputation for providing compassionate and thoughtful counsel. We take pride in our ability to develop strong relationships with our clients, earning their trust through our commitment to understanding their unique needs and goals. With an unwavering dedication to our clients’ best interests, we continue to uphold our tradition of delivering exceptional service and guidance in estate and business planning matters.

Specialties:

• Probate disputes
• Estate planning
• Trust & Estate Administration
• Vacation Home Trusts and LLCs

Attorneys:

• Kylie M. Germann
• Maureen E. Keegan
• Richard P. Olson
• David P. Silk
• Sidney St. F. Thaxter

SUMMER CAMPS

Curtis Thaxter has provided legal advice and guidance to Maine summer camps for over 50 years. Currently we represent more than 30 overnight and day camps, together with the Maine Youth Camping Foundation, Maine Camp Experience and the Maine Youth Camp Association. We provide them with experienced representation in:

• Children’s Issues
• Environmental matters
• Mandatory reporting
• Litigation
• Employment law
• Intellectual property (Trademark, Copyright, Work for Hire)
• State & federal regulatory compliance
• Facility rentals & event contracts
• Contracts
• Sale & purchase of camps and camp assets
• Property taxation
• Estate planning
• Zoning
• Succession services

We at Curtis Thaxter are proud to support our Maine youth camps as they navigate the challenges of operating a business and providing an exceptional outdoor educational experience for children. We also provide many camps with staff training each spring that teaches new and returning counselors about Maine laws governing their duties and responsibilities as camp staff and their rights as Maine employees.

Attorneys:

• Nancy Savage Marcus
• Tyler C. Costello
• Emily P. Crowley