Joseph G. Talbot

Summary

Joseph Talbot is a shareholder of Perkins Thompson and a member of the firm’s litigation and construction practice groups. Joe’s litigation practice focuses primarily on construction disputes, although he has experience handling cases of all types. As a litigator, Joe regularly appears in both state and federal court, as well as before mediators and arbitrators throughout New England, on behalf of his clients.  Joe aims to provide his clients with practical, common-sense advice coupled with aggressive advocacy, all in an effort to efficiently resolve their disputes.

In 2018, Joe was once again selected as a New England Rising Star by Super Lawyers in construction litigation.  Joe’s recent construction litigation matters include:

• Successfully defending a regional commercial contractor from subcontractor payment claims and a mechanic’s lien claim. Joe helped his client obtain a favorable judgment (at trial) finding that no further payments were required, and then successfully defended the subcontractor’s subsequent appeal with Maine’s Supreme Judicial Court.
• Successfully prosecuting payment claims on behalf of a residential contractor. Joe helped his client – a residential general contractor – obtain a favorable arbitration decision when a homeowner refused to pay amounts owed under the parties’ contract. The homeowner was ordered to pay the full amount owed plus an award of legal fees to the client.

Beyond his litigation practice, Joe advises clients on a wide variety of construction issues (including mechanics’ liens, insurance requirements, payment and performance bonds, delay claims, workmanship claims, and payment disputes) before, during, and after construction.  Joe also drafts and reviews contract documents for both commercial and residential projects of all sizes, and provides general counsel services to clients that don’t have their own in-house legal departments.  Importantly, Joe understands that his clients have projects to complete and businesses to run, and therefore, always strives to ensure that his advice is practical and compatible with their real-world needs.

Away from work, you can usually find Joe on the sidelines of a soccer field somewhere in New England cheering his daughters on (or sometimes coaching).  Joe is a former member of the Windham Youth Soccer Association Board of Directors and a current USSF and US Club Soccer certified licensed coach for the Maine Fusion.  Joe’s other interests include running (very slowly), skiing and snowboarding with his wife and two daughters, and taking advantage of the lakes near his family’s home in Windham, Maine.

Education

University of Maine School of Law
J.D., summa cum laude | 2011

University of Southern Maine
B.A., magna cum laude | 1999

Bar / Court Admissions

• U.S. District Court, District of Maine | 2011
• Maine | 2011
• Massachusetts | 2011

Practice Groups

• Employment Practice Group
• Litigation Practice Group

Practice Specialties

• Data Security, Document Retention and Privacy
• Construction

Articles

• What’s My Defense?  New Hampshire Statute Provides List of Contractor Defenses to Defect Claims
• Contractors’ Right to Notice: New Hampshire’s Residential Construction Statute Requires Homeowners to Provide Notice of Defects Prior to Suing
• Sweet v. Breivogel: A Stern Reminder That Contractors Must Comply With The Home Construction Contract Act
• No Contract; No Problem?
• How to “Bond Off” a Mechanic’s Lien
• “No Lien” Clauses: Are They Enforceable?
• Client Bulletin the New FLSA Regulations: What They Mean and How to Comply, June 2016
• FTC Investigations: What To Expect When The FTC Comes Calling
• Wyndham’s Shot Across the Bow: A Challenge to the FTC’s Authority to Enforce Data Security Standards
• Cyber Liability Insurance Policies
• Should You Be Paying Your Interns? The Employee vs. Intern Distinction.
• Who Owns Your Company’s Social Media Accounts?
• eBay Fumbles Breach Notification
• LinkedIn Privacy Claim Survives a Motion to Dismiss
• The Employee Handbook: Don’t Overlook This Important Tool
• Managing Employer Risks in a BYOD Environment: Creating a Sound BYOD Policy
• Facebook “Bug” Leads to Inadvertent Disclosure of Six Million Users’ Contact Information
• Data Security Breaches: Not Just a Threat to Big Business Anymore
• Data Security Starts With the Simple Stuff
• A Survey of New England Breach Notification Laws
• Why Your Organization Needs a Data Incident Response Plan: The Growing Need for a Planned Response.
• Once More unto the Breach: Courts Give Consumers More Rights for Cyber-Data Security Breaches
• Why Contractors Need a Written Contract: Maine’s Home Construction Contract Act
• Contractor Payment Obligations: “Pay-When-Paid” vs. “Pay-If-Paid”
• How to Preserve and Enforce a Mechanic’s Lien
• Maine’s Prompt Payment Act: Hidden Traps for the Unwary

Publications / Seminars

• Co-Author with Ms. Harmon, “Create a sound bring-your-own-device policy“, MaineBiz (2014)
• Co-Author of the firm’s Data Security Blog
• Co-Author with Dawn Harmon, “Make Sure Your Policy on Employee Background Checks is Sound“, MaineBiz (2013)
• Co-Author with David McConnell, “Ten Tips to Protect Your Company From Cyber-Security Breach Liability”, MaineBiz (2012)

Memberships

• Maine State Bar Association
• Maine Trial Lawyers Association
• Cumberland Bar Association

Service / Achievements

• Following graduation Joe Talbot received the Alumni Association Award presented annually to a graduating law student who is determined by the faculty to be an outstanding member of the graduating class.
• In 2016, Joe was selected as a New England Rising Star by Super Lawyers in construction litigation and employment litigation.

Interests

When he is away from the office, Joe enjoys coaching his daughters’ youth soccer teams, running, skiing, snowboarding and hanging out with his family.