Member Profile

John Upton advises both small and large businesses in all facets of their operations. He has extensive experience in mergers and acquisitions, petroleum distribution, bank financing, venture capital transactions, negotiation of contracts, and general business advice.

Recent Representative Transactions:

• Lead counsel to purchasers in an asset acquisition of a food processing division of a publicly traded seller.

• Lead counsel to shareholders of a regional equipment distributor in the sale of its stock to a publicly traded international competitor. Advised client on assignment of distribution rights, noncompetition agreements, and employment issues.

• Advised Maine-based medical device manufacturer in the sale of a minority stock interest to a Fortune 500 investor and in related long term supply and distribution arrangements.

• Negotiated joint venture agreement between co-owners of a marine storage terminal.

• Drafted multi-party shareholder agreements for owners of corporations in Maine and Virginia.

• Drafted restricted stock plan for privately held manufacturing company.

• Advised fast growing natural food producer on multiple stages of equity and debt financings.

• Represented shareholders of a consulting corporation in a tax advantageous stock sale of the business to a national competitor, including advice on employment agreements, noncompetition covenants, and tax treatment of installment sale payments.

• Negotiated asset acquisition of a marine terminal and petroleum pipeline.

• Negotiated contracts for CNG and LNG supply by truck to commercial and industrial end-users.

• Lead counsel to Canadian corporate purchaser of a forest products mill located in Northern Maine.

Mr. Upton was recently named as a 2015 Top Rated Lawyer in the practice areas of Mergers & Acquisitions and Energy Law by American Lawyer Media and Martindale-Hubbell. Mr. Upton has been selected by his peers for inclusion in The Best Lawyers in America© 2015 in the field of Corporate Law, a distinction held since 2006. Mr. Upton is AV Peer Review Rated for Ethical Standards and Legal Ability by Martindale-Hubbell, a distinction held for twenty years.

Mr. Upton currently serves as a Trustee of the Maine Audubon Society. He is a past member of the Maine Bar Association’s Board of Governors and has served as Vice President and Trustee of the Portland Museum of Art. Mr. Upton also served as President of the New England Nordic Ski Association, and co-founded Cape Nordic, a community-based ski club.

Mr. Upton served as Perkins Thompson’s President for over a decade before stepping down in 2014 to continue full-time practice as Chair of the Firm’s Business Department. Mr. Upton is married to Anne Stockmar Upton and lives in Cape Elizabeth. He enjoys skiing, fly fishing, and historic architecture and decorative arts.