LOKC prevails in legal malpractice suit
Attorneys Gene Libby and Keith Richard represented a woman who received negligent legal services during her divorce in 2008. Her counsel at the 2008 trial failed to conduct discovery, failed to provide the Court the necessary language to divide military pensions under the Armed Services Former Spouse Protection Act, and failed to request spousal support… Read more »
LOKC wins plaintiff’s verdict in property dispute jury trial
Attorneys Gene Libby and Keith Richard won a unanimous plaintiff’s verdict on behalf of a client in a property dispute case. The land at issue is situated in the Moody Beach area of Wells. The Plaintiff owned a waterfront parcel on Moody Beach. She also owned a vacant parcel next to the Defendant across the street… Read more »
LOKC wins summary judgment on whistleblower, defamation, and wage and hour claims
Attorneys Tim O’Brien and Tyler Smith recently won summary judgment on behalf of an employer who was sued for whistleblower retaliation, defamation, and back pay. The employee argued that the employer had retaliated against him for complaining about perceived breaches of his employment contract, made defamatory statements about him, and owed back wages as a… Read more »
LOKC Wins Defense Verdict in Undue Influence Jury Trial
Attorneys Gene Libby and Tyler Smith won a defense verdict on behalf of a client in a tortious interference with inheritance jury trial. The plaintiff and defendant are brothers. Prior to their father’s death, the father transferred his home to the defendant, and changed his life insurance policies to name the defendant as the sole… Read more »
Don’t let the tail of the increased federal exemption wag the estate planning dog
On December 22, 2017 the President signed the TAX CUT AND JOBS ACT (The “Act”) that became effective January 1, 2018. For estate tax purposes and for estate tax planning purposes, the Act essentially doubled the federal estate, gift, and generation-skipping transfer tax exemptions through the end of 2025. This means that as of January… Read more »
Maine’s bountiful seaweed. Who owns it?
A recent Maine case, Ross v. Acadian Seaplants, has made national news. The subject of this legal battle? Ownership of seaweed. Acadian Seaplants, Ltd., a Nova Scotian company, has appealed from a decision of a justice of the Maine Superior Court, which ruled in favor of two property owners that own waterfront property in Washington… Read more »
Paige B. Streeter to speak at York County Bar Association Family Law and Bench Trial Institute
Attorney Paige B. Streeter will be among a panel of presenters at the York County Bar Association’s Family Law and Bench Trial Institute on March 20, 2018. The CLE will take place over seven different modules spanning through May 24, 2018 and centered on family law advocacy in Maine. Attorney Streeter’s presentation will include discussion… Read more »
Penalties for Drunk Driving (OUI) in Maine: Comprehensive Guide
Updated – Revised August 2025 Operating Under the Influence (OUI) Defined In Maine, driving while impaired is referred to as Operating Under the Influence (OUI). A driver may face an OUI charge if operating with a BAC of 0.08% or more, or with any level of impairment evident—“mental or physical faculties… impaired however slightly.” Dual… Read more »
New federal tax law eliminates alimony deduction – last chance for payors
On December 22, 2017, the Tax Cuts and Job Act (H.R.1: Public Law No. 115-97) became law and will have far-reaching effects on all aspects of our economy, including divorce. Under pre-Act law, alimony and separate maintenance payments were deductible by the payor spouse under Code Sec. 215(a) and includible in income by the recipient… Read more »
Valuation of businesses in divorce: personal goodwill and enterprise goodwill
A business’s goodwill consists of its “reputation, patronage, and other intangible assets that are considered when appraising the business.” Black’s Law Dictionary 703 (7th ed. 1999). Under Maine law, enterprise goodwill is quantifiable property subject to equitable distribution by the court. Ahern v. Ahern, 2008 ME 1, ¶ 14, 938 A.2d 35. Personal goodwill, in contrast, “is… Read more »