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 

Posted on Wednesday, March 18th, 2020 in Article, Author: Douglas G. Verge

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 

Posted on Wednesday, March 18th, 2020 in Article, Author: Michael P. Panebianco

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 

Posted on Tuesday, March 10th, 2020 in Article, Author: Douglas G. Verge

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 

Posted on Thursday, March 5th, 2020 in Article, Author: James P. Reidy

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).” 

Posted on Monday, February 24th, 2020 in Article, Author: Andrew B. Eills

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. 

Posted on Tuesday, February 18th, 2020 in Article, Author: James P. Harris

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 

Posted on Monday, February 10th, 2020 in Article, Author: Janet B. Fierman

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 

Posted on Tuesday, February 4th, 2020 in Article, Author: Michael P. Panebianco

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 

Posted on Thursday, January 23rd, 2020 in , Author: James P. Reidy

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 

Posted on Thursday, January 16th, 2020 in , Author: Patrick J. Queenan

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 

Posted on Sunday, December 29th, 2019 in , Author: Peter A. Nieves

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 

Posted on Thursday, November 14th, 2019 in Article, Author: David W. McGrath

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 

Posted on Wednesday, November 13th, 2019 in Article, Author: Thomas Burack

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 

Posted on Thursday, October 24th, 2019 in Article, Author: Douglas G. Verge

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.” 

Posted on Thursday, October 24th, 2019 in Article, Author: James P. Harris

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 

Posted on Sunday, October 20th, 2019 in Article, Author: Jason D. Gregoire

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 

Posted on Tuesday, September 24th, 2019 in Article, Author: Sheehan Phinney Staff

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 

Posted on Sunday, September 8th, 2019 in , Author: Christopher Cole

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 

Posted on Friday, August 30th, 2019 in Article, Author: David W. McGrath

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 

Posted on Monday, August 26th, 2019 in Article, Author: Nicole A. Faille

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 

Posted on Monday, August 19th, 2019 in Article, Author: Andrew B. Eills

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 

Posted on Monday, August 5th, 2019 in Article, Author: Christopher Cole

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 & 

Posted on Friday, July 19th, 2019 in Article, Author: Christopher M. Candon

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 

Posted on Monday, July 1st, 2019 in Article, Author: Bradford E. Cook

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 

Posted on Tuesday, June 25th, 2019 in Article, Author: Douglas G. Verge

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 

Posted on Thursday, June 13th, 2019 in Article, Author: Jason D. Gregoire

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 

Posted on Wednesday, June 5th, 2019 in , Author: James P. Reidy

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.

Posted on Tuesday, June 4th, 2019 in Article, Author: James P. Reidy

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 

Posted on Thursday, May 30th, 2019 in Article, Author: Robert H. Miller

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.

Posted on Thursday, April 25th, 2019 in Article, Author: James P. Reidy

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 

Posted on Tuesday, April 16th, 2019 in Article, Author: Jonathan B. Whitcomb

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.

Posted on Monday, April 1st, 2019 in Article, Author: James P. Reidy

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 

Posted on Monday, April 1st, 2019 in Article, Author: Lynn J. Preston

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 

Posted on Friday, March 22nd, 2019 in Article, Author: James P. Reidy

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 

Posted on Wednesday, March 20th, 2019 in Article, Author: Michael P. Panebianco

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.

Posted on Friday, March 15th, 2019 in Article, Author: Andrew B. Eills

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. 

Posted on Monday, February 25th, 2019 in Article, Author: Kolbie R. McCabe

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 

Posted on Sunday, February 17th, 2019 in Article, Author: Courtney H. G. Herz

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 

Posted on Monday, February 4th, 2019 in Article, Author: Michael R. Stanley

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 

Posted on Monday, January 28th, 2019 in Article, Author: Patrick J. Queenan

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 

Posted on Friday, January 11th, 2019 in Article, Author: Andrew B. Eills

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 

Posted on Thursday, December 27th, 2018 in Article, Author: Patrick J. Queenan

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.

Posted on Wednesday, December 26th, 2018 in Article, Author: Megan C. Carrier

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 

Posted on Wednesday, November 14th, 2018 in Article, Author: Elizabeth Bailey

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 

Posted on Tuesday, October 16th, 2018 in Article, Author: Michael P. Panebianco

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?  

Posted on Wednesday, August 8th, 2018 in Article, Author: James P. Reidy

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.

Posted on Monday, July 30th, 2018 in Article, Author: Thomas Burack

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.

Posted on Monday, July 9th, 2018 in Article, Author: Michael P. Panebianco

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 

Posted on Monday, January 29th, 2018 in Article, Author: Christopher M. Candon

Superfund site development

EPA task force seeks to encourage, promote development of contaminated sites In May, the Environmental Protection Agency set up a task force to review the Superfund program and make recommendations to expedite the cleanup and remediation process of contaminated sites, reduce the financial burden on parties involved in the cleanup process, encourage private investment, promote 

Posted on Friday, September 29th, 2017 in Article, Author: Robert R. Lucic

NH Legal Perspective: The Title IX Balancing Act

When one student accuses another of sexual assault, what must a school do to ensure that the subsequent investigation is fair to both sides and compliant with the law? Read the full article here.  

Posted on Friday, September 8th, 2017 in Article, Author: Megan C. Carrier

Brave New World or One Step Closer to Robots Taking Over the World?

U.S. employer now experimenting with microchips implanted in employees By Jim Reidy This is an update to an article originally published by Business NH Magazine on June 23, 2017. Read the original story here. On average every adult has at least 27 discrete passwords or access codes they need to log on to their computer, 

Posted on Tuesday, July 25th, 2017 in Article, Author: James P. Reidy

Dealing with a Data Breach – Steps commonly undertaken when employee or customer information is stolen

Most people loathe the annual ritual of filing a tax return. Compounding that unpleasantness, a number of filers attempting to file a tax return only are notified by the Internal Revenue Service that someone else has already filed a return on their behalf and collected the tax refund. We have fielded several calls from employers 

Posted on Tuesday, June 20th, 2017 in Article, Author: James P. Harris

HIPAA Training

The Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) (collectively, HIPAA) obligate nearly all healthcare providers to protect the confidentiality of patient health information. The HIPAA Privacy Rules require so-called “covered entities” to train staff on HIPAA compliance at the start of employment and 

Posted on Tuesday, June 13th, 2017 in Article, Author: Jason D. Gregoire