CLIENT ALERT By: Deniz Harrison July 10, 2020 On June 18, 2020, in a 5-4 decision written by Chief Justice Roberts, the United States Supreme Court held that the Department of Homeland Security’s (“DHS”) attempt to rescind the Deferred Action for Childhood Arrivals (“DACA”) immigration relief program was unlawful because it failed to provide an …
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PPP Loan Application Deadline Extended and Conforming Updates to Previously Issued Interim Guidance
CLIENT ALERT By: Colleen Lyons July 9, 2020 On July 4th, President Trump signed legislation extending the deadline for businesses to apply for loans under the Paycheck Protection Program (“PPP”) from June 30, 2020 until August 8, 2020. This five-week extension comes after the US Small Business Administration (“SBA”) and the US Treasury Department (“Treasury …
Secretary Of State’s Select Committee On 2020 Emergency Election Support Issues Report
CLIENT ALERT By: Bradford E. Cook and Katherine M. Hanna June 10, 2020 On April 27, Secretary of State Bill Gardner appointed a 6-person Select Committee on 2020 Emergency Election Support to advise him on how to spend $3.2M of federal CARE Act funds to provide for safe and secure elections in the Fall of …
District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel
The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel bar relating to inter partes review (IPR) proceedings did not apply to two prior art references that had not been raised in a prior IPR hearing at the Patent …
PPP Safe Harbor for Return of Funds Set to Expire on May 14
CLIENT ALERT By: Christopher Candon May 12, 2020 The Paycheck Protection Program (“PPP”) is one of the most significant programs for businesses under the Coronavirus Aid, Relief, and Economic Security, or CARES, Act. While designed to support small businesses to navigate the financial crisis caused by COVID-19, the PPP administration by the Small Business Administration …
NH Legal Perspective: A Primer on PPP Loan Forgiveness, Forbearance Agreements and Small Business Bankruptcy
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: A Primer on PPP Loan Forgiveness, Forbearance Agreements and Small Business Bankruptcy By: James S. LaMontagne April 18, 2020 It is important for a business to understand its obligations and options as it navigates these uncertain economic times. …
Main Street Loan Programs-Relief for Businesses with up to 10,000 Employees or up to $2.5 Billion in 2019 Annual Revenues
CLIENT ALERT By: Margaret Probish April 19, 2020 On April 9, 2020 the Federal Reserve announced two so-called “Main Street” loan programs to address the economic impact of COVID-19 on mid-sized business including the Main Street New Loan Facility and the Main Street Expanded Loan Facility. In its announcement the Federal Reserve detailed the terms …
It’s 10 O’clock, Do You Know Where Your Data Is?
This article was originally published in the NH Business Review and can be found here. It’s 10 O’clock, Do You Know Where Your Data Is? Using data mapping to comply with privacy and security requirements By: Doug Verge March 13, 2020 If you watched the evening news in the 1960s, 70s, or 80s, you may …
Estate Planning After the SECURE Act
This article was originally published in the New Hampshire Bar News and can be found here. Estate Planning After the SECURE Act By: Michael Panebianco March 18, 2020 In the final weeks of 2019, the federal budget bill was passed by Congress and signed by President Trump. The budget bill included changes to the federal …
NH Legal Perspective: Data Privacy, Security Laws Closing in from all Directions
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: Data privacy, Security Laws Closing in from all Directions By: Doug Verge March 7, 2020 Until recently, many businesses took a lax view of privacy and security controls. Some businesses did not see the need for a privacy …
Managing Political Speech in the Office
This article was originally published in Business New Hampshire Magazine and can be found here. Managing Political Speech in the Office By: Jim Reidy March 3, 2020 Sightings of presidential candidates in NH were more frequent than Santa Claus this past holiday season. That combined with increased media coverage on the primary and the impeachment …
NH Legal Perspective: Telemedicine can Assist in the Treatment of Substance Use Disorders
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: Telemedicine can Assist in the Treatment of Substance Use Disorders By: Andrew Eills February 22, 2020 Everyone is familiar with the timeworn complaint, “We can put a man on the moon, but we can’t (fill in the blank).” …
NH Weighs California-like Privacy Law
This article was originally published in the New Hampshire Business Review and can be found here. NH Weighs California-like Privacy Law By: JP Harris February 14, 2020 The New Hampshire Legislature is currently considering House Bill 1680, which, if enacted, would impose new restrictions on how some businesses treat the data about consumers they possess. …
NH Legal Perspective: Get Started on Succession and Exit Planning Early
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: Get Started on Succession and Exit Planning Early By: Janet Fierman February 8, 2020 Business owners usually say they are too busy to think about retirement and/or their business still needs them. However, exit and succession planning is …
Budget Law Changes and your Estate Plan
This article was originally published in the NH Business Review and can be found here. Budget Law Changes and your Estate Plan By: Michael Panebianco January 31, 2020 In the final weeks of 2019, the federal budget was passed by Congress and signed by President Trump. The new law includes changes to the federal tax …
NH Legal Perspective: Misrepresenting Data Security Measures Put Businesses at Risk
This article was originally posted in the Union Leader and can be found here. NH Legal Perspective: Misrepresenting Data Security Measures Put Businesses at Risk By J.P. Harris January 25, 2020 It is hard to go a week without hearing or reading in the news of a cybersecurity event of one kind or another. It …
Tom Brady and a Cautionary Tale for Employers
This article was originally posted by the New Hampshire Business Review and can be found here. Tom Brady and a Cautionary Tale for Employers By: Jim Reidy January 17, 2020 Regardless of your hometown or team affiliation and your feelings about the New England Patriots, Tom Brady is arguably the best quarterback of all time. Many even …
Expect Investigators to Probe White- Collar Involvement in the Opioid Epidemic in NH
This article was originally posted by the New Hampshire Bar News and can be found here. Expect Investigators to Probe White- Collar Involvement in the Opioid Epidemic in NH By: Patrick Queenan January 15, 2020 In 2019, the United States Department of Justice (DOJ) ramped up its efforts to fight prescription opioid abuse across the …
NH Legal Perspective: Increasing Effectiveness of Patents in Patent Litigation
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: Increasing Effectiveness of Patents in Patent Litigation By: Peter Nieves December 28. 2019 Patent litigation is costly. While patents can be used for many purposes, one of the most common is to stop others from making, using, selling …
NH Legal Perspective: New Law Prohibits Noncompete Agreements for Low-Wage Employees
This article was originally posted by the New Hampshire Union Leader and can be found here. NH Legal Perspective: New Law Prohibits Noncompete Agreements for Low-Wage Employees By: David McGrath November 2, 2019 A new law that redefines the use of noncompete agreements in New Hampshire leaves some questions unanswered. Effective Sept. 8, 2019, all …
Having Energy When Everyone Else’s Power is Out
This article was originally posted by the New Hampshire Business Review and can be found here. Having Energy When Everyone Else’s Power is Out By: Tom Burack November 8, 2019 Some 15 to 20 years ago, a representative of a New Hampshire electric utility was speaking to an audience about customer service and the reliability …
Data Privacy Compliance in the 21st Century
This article was originally posted by the New Hampshire Business Review and can be found here. Data Privacy Compliance in the 21st Century By: Doug Verge October 24, 2019 Like it or not, we live in a digital world. And even if one were inclined to go off the grid, so to speak, there really is no escaping …
The Risks of Working at Home
This article was originally posted by the New Hampshire Business Review and can be found here. The Risks of Working at Home By: JP Harris October 24, 2019 Even though employees are permitted to work at home, they are still protected by employment laws — the home office is still considered to be within the “office environment.” …
NH Legal Perspective: Proposed Federal Changes Would Remove Obstacles for Substance Abuse Care
This article was originally posted by the Union Leader and can be found here. NH Legal Perspective: Proposed Federal Changes Would Remove Obstacles for Substance Abuse Care By: Jason Gregoire October 19, 2019 New Hampshire has been hit hard by the opioid crisis. In response, the U.S. government has awarded hundreds of millions of dollars …
NH Legal Perspective: Backups – it’s Your Business
This article was originally posted in the Union Leader and can be found here. NH Legal Perspective: Backups- It’s Your Business By: Tom E. Mitchell September 21, 2019 A rule that I’ve had for over 15 years, when approached with any IT emergency, is asking the question: “When was the last good backup?” The folks …
NH Legal Perspective: Adopting a Proactive Strategy for Employee Mobility
This article was originally published in the Union Leader and can found here. It was also published in the NH Business Review and can be found here. NH Legal Perspective: Adopting a Proactive Strategy for Employee Mobility By: Chris Cole September 7, 2019 The challenge: Almost every company today and, perhaps, in New Hampshire in …
Assessing NH’s New Noncompete Law
This article was originally posted in the New Hampshire Business Review and can be found here. Assessing NH’s New Noncompete Law By: David McGrath August 29, 2019 Effective Sept. 8, all noncompete agreements entered on or after that date will be invalid and unenforceable for “low-wage” employees in New Hampshire. The new law primarily defines …
NH Legal Perspective: A Review of New Hampshire’s New Alimony Statute
This article was originally published by the Union Leader and can be found here. NH Legal Perspective: A Review of New Hampshire’s New Alimony Statute By: Nicole Faille August 24, 2019 On Jan. 1, changes in New Hampshire and federal law concerning alimony became effective. Eight months later, the changes have legal and financial professionals …
Private Equity’s Role in the Future of Healthcare
Fifteen years from now, what will healthcare look like, and what types of companies will be delivering it? Will new technologies shape how we access healthcare? Will new companies emerge that will change the way healthcare is provided in response to patients’ expectations or statutory change? In many ways, the future is as clear as …
Adopting a Proactive Employee Mobility Strategy
Almost every company today — and in New Hampshire in particular — is engaged in something of a multidimensional war. There is as intense a competition for talented employees, skilled workers and seasoned executives as at any time in our history. At the same time, two issues animate and confuse the competition for talent. Read …
The Supreme Court Continues Review of FDCPA
In this past term, the United States Supreme Court took action on several cases that may significantly shape bankruptcy and/or insolvency law. Notably, the Supreme Court handed down another significant decision concerning the Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1692–1692p) that will influence the application of that law: Obduskey v. McCarthy & …
NH Legal Perspective: Estate Planning Check-up Time
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: Estate Planning Check-up Time By: Brad Cook June 29, 2019 Among the items on most people’s “I know I have to get to that sometime” list, is doing estate planning. It is common for people, even those in …
Copyright Owners Take Note — Registration Means Registration
Under current United States copyright law, registration of the copyright in a work is not necessary to create the copyright itself. To the contrary, copyright is created in a work the moment the work is fixed in a tangible format (such as on a piece of paper, on a compact disc, or even on a …
Tech Companies and Healthcare: Is Privacy at Stake?
Imagine the following scenario: You are experiencing a cough, fever and chills and need to see a doctor. You lack transportation and no one is available to give you a ride. Accordingly, you walk into your kitchen and call out, “Alexa, where is the nearest doctor’s office?” Alexa responds, “Rockingham Medical Care in Hampstead, New …
NH’s Legislative Roundup
This article was originally published in Business NH Magazine and can be found here. NH’s Legislative Roundup By: Jim Reidy June 5, 2019 While the headlines coming out of Washington make the top of every news program and front page, there is plenty happening in Concord that should demand employers’ attention. Several noteworthy workplace bills …
A Careful Balance: Managing Political Activity and Speech at Work
HR professionals have the responsibility to enforce workplace rules, promote cooperation, insist on civility and respect, and—most of all—remind folks they are on one team, at least in the workplace. Meanwhile, another election season is imminent. How do you keep people working productively when those very divisive discussions are happening at work? Read more here.
NH Legal Perspective: Shielding Your Business From Unfair Trade Practice/Consumer Protection Claims
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: Shielding Your Business From Unfair Trade Practice/Consumer Protection Claims By: Rob Miller May 18, 2019 New Hampshire’s Unfair Trade Practice Act, RSA 358-A, also known as the “Consumer Protection Act” governs conduct in nearly every business sector. It …
Marijuana and the Modern Workplace
Strict drug screening policies may not be keeping up with the times. That is because drug-testing policies, especially for marijuana use, are no longer in step with the changes to the law in several states, and the realities of today’s workforce. Read more here.
NH Legal Perspective: What is a Patent For?
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: What is a Patent For? By: Jonathan Whitcomb April 13, 2019 A little knowledge is a dangerous thing. Discretion is the better part of valor. Experience is the best teacher. Inventions must be patented. Truisms like these are …
When Free Speech and Employment Clash
Human resources professionals have the responsibility to enforce workplace rules, promote cooperation, insist on civility and respect, and — most of all — remind folks they are on one team, at least in the workplace. Read more here.
NH Legal Perspective: EPA Proposes National ‘Compliance’ Initiatives
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: EPA Proposes National ‘Compliance’ Initiatives By: Lynn Preston March 30, 2019 About every three years the Environmental Protection Agency announces its National Enforcement Initiatives (NEIs) — essentially, EPA’s enforcement and compliance playbook for combating the nation’s top environmental …
Live Free and Get High?
It wasn’t that long ago that the question of legalizing recreational marijuana was met with disbelief and in many cases laughter. Now that NH is surrounded by states, as well as Canada, that have legalized the recreational use of pot, its no laughing matter. In fact, more than 33 states have legalized marijuana use and …
Revised Uniform Fiduciary Access to Digital Assets Act
Currently, New Hampshire law does not expressly authorize fiduciaries to manage a person’s digital assets as they can with the person’s other, tangible, personal property. Recognizing this need, an effort was made two years ago by the Trust and Estate Law Section of the NH Bar Association to enact the Revised Uniform Fiduciary Access to …
Gauging Critical Access Hospital Protections
New Hampshire’s healthcare system is composed of a variety of organizations ranging from large tertiary hospitals, to small free-standing surgery centers to community health clinics. Among these, “critical access hospitals” are a vital aspect of our healthcare infrastructure. Read more here.
LLC Taxed as an S Corporation – Be Careful
It is common today to include in a discussion about choice of entity the possibility of forming an LLC (Limited Liability Company) that elects to be taxed as an S corporation. The choice is not appropriate for everyone, but it warrants consideration in many cases. Further, while making the election is simple, ensuring that the election is valid is not. …
NH Legal Perspective: What to Expect in Civil Litigation
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: What to Expect in Civil Litigation By: Courtney Herz February 16, 2019 We all know what a trial looks like in the movies. But how realistic are those portrayals? What does the process look like in the real …
U.S. Supreme Court continues to define contours of arbitration under FAA
The U.S. Supreme Court continued to shape the contours of the Federal Arbitration Act in two decisions last month. First, in Henry Schein Inc. v. Archer & White Sales Inc., the court, in a 9-0 decision, continued its trend of enforcing arbitration agreements and clarified who decides whether an issue is arbitrable in the first instance. Read …
The Government’s Disclosure Requirements in the District of NH
In federal criminal cases, the Government’s discovery obligations are generally dictated by the Jenks Act, the Federal Rules of Criminal Procedure 16 and 26.2 (to include LCrR 16.1), and the constitutionally mandated disclosure requirements related to impeachment and exculpatory evidence established in Brady v. Maryland, Giglio v. United States, and their respective progeny. In New …
Stark Law and Anti-kickback Statute Reform
It’s a safe bet that in the coming year reforms will be made to two central laws governing physician compensation – the Stark Law and the Anti-Kickback statute. Whether through amendment to each law, revised regulations, or both, the Centers for Medicare and Medicaid Services (CMS) have left no doubt those changes are inevitable. As …
Burying Fossils: Pruning Patent Portfolios to Decrease Annual Costs & Promote Growth
Most CFOs, CEOs, and in-house GCs would confirm that one major area of concern in controlling corporate expense is cost associated with maintaining an intellectual property (IP) portfolio. A significant portion of IP portfolio cost tends to be associated with patent portfolios. Read the full article here.
White-collar Crime in NH: A Look Back at 2018 Cases
In 2018, more so than in other years, white-collar criminal investigations and prosecutions have occupied our country’s attention and received widespread national media coverage, partly because of the Mueller investigation and the related cases in the Southern District of New York. But overall, it seems as if our courts have seen a heavy dose of …
Title IX Rules Remain in Flux
Title IX coordinators have been on a bit of a roller coaster for some time now, and unfortunately, the ride isn’t over yet. Attorney Megan Carrier discusses recent changes by the U.S. Department of Education regarding Title IX rules. Read the full story here.
Conducting Workplace Investigations
It’s Monday morning and you are starting your busy week as a human resources (HR) director. An employee comes into your office, closes the door, and tells you she feels she is being sexually harassed by her supervisor, who is also the head of the entire department. What do you do next to appropriately investigate …
Understanding the Revocable Trust
Sheehan Phinney attorney Michael Panebianco explains that how having a thoughtful estate plan in place ensures that your assets are managed and distributed according to your wishes and can reduce, or even eliminate, federal or state estate taxes. While a revocable trust can be the centerpiece of an overall estate plan, it is unlikely to accomplish …
Are LLC Operating Agreements Executory Contracts?
Are LLC Operating Agreements Executory Contracts? Attorney Chris Candon discusses this question and the potential impact of the determination in a bankruptcy case. Read more here.
Are Employer Drug-Testing Programs Obsolete?
Attorney Jim Reidy discusses how drug-testing policies, especially for marijuana use, are no longer in step with the realities of today’s workforce. Are Employer Drug-Testing Programs Obsolete?
NH Legal Perspective: If you heat with oil, pay attention or pay the price
Many commercial, industrial and municipal buildings in New Hampshire, as well as 45 percent of homes, are heated with fuel oil. Thanks to some recent law changes, the good news is that the heating oil they use will now burn cleaner even as the cost stays about the same. Read the full article here.
10 Non-Tax Reasons You Should Have an Estate Plan
Sheehan Phinney attorney Michael Panebianco explains that contrary to popular thought, estate planning is not just for those who may have to pay a federal or state estate tax. There are many reasons to be considered. He lists 10 non-tax reasons you should have an estate plan. Read the full article here.
Howard Delivery Services: Looking Back at the Future
The Affordable Care Act (ACA) has been a political lightning rod since its enactment in 2010. It has been the focus of numerous legal challenges in the courts and endless dispute in Congress. One of the more controversial components of the ACA is the employer mandate, which requires employers with an average of 50 or …
Online ‘influencer’ rules: FTC is reining in failure to provide disclaimers for endorsements
In today’s marketplace, online endorsements are valuable tools to convince consumers to purchase products or services. Like everything on the internet, however, it can be difficult to discern whether the endorsement is genuine or not. Read the full article here.
