NH Legal Perspective: Patent considerations for startup companies

People in technology-based startup companies, particularly early-stage companies, wear many hats – inventor, salesperson, fundraiser, manager, etc. It can be difficult for any one person to master, or even be competent in the many skills required by those hats. One area that may seem daunting is patents… This article highlights a few straightforward concepts that 

Perten Succeeds in Jurisdiction Dispute Case

(September 29 , 2017, Boston, MA) – Sheehan Phinney Shareholder John H. Perten successfully defended the firm’s client in a jurisdiction dispute case. Our client is a distributor of small power supply units. The units are manufactured in China, shipped to our client in Massachusetts where it is privately labeled and distributed. The Chinese manufacturer has 

Perten Succeeds in Construction Dispute Case

(October 5, 2017, Boston, MA) – Sheehan Phinney Shareholder John H. Perten successfully defended the firm’s client in a construction dispute. Our client, a modular home builder, had a falling out with its customer. The customer claimed that the home had all sorts of defects and did not comply with the requirements of the contract. To 

Probish Appointed to Firm’s Management Committee

(9/29/2017, Manchester, NH) – Sheehan Phinney Bass & Green PA Shareholder Margaret E. Probish has been named to the firm’s five person management committee as the ‘At-Large’ member, effective immediately. Sheehan Phinney’s Management Committee oversees the administrative and business functions and strategic planning initiatives for the firm’s four regional offices and 60+ lawyers. Probish’s practice 

Sheehan Phinney Welcomes Queenan to Manchester Office

(September 29, 2017, Manchester, NH) – Sheehan Phinney Bass & Green PA welcomes attorney Patrick J. Queenan to the firm’s Manchester office. Queenan is an experienced trial litigator, and a member of the firm business litigation group. He represents businesses and individuals involved in government investigations and enforcement actions. Queenan’s practice includes a focus on 

Sheehan Phinney’s Litigation Group Recognized by 2017 Benchmark Litigation

(10/3/2017, Manchester, NH) – Sheehan Phinney is proud to announce it has been honored by Benchmark Litigation Magazine as a 2017 Highly Recommended law firm in New Hampshire.  The publication also recognized six Sheehan Phinney attorneys as “Local Litigation Stars” and “Future Stars”. Shareholders Christopher Cole (Intellectual Property, Labor and Employment), David McGrath (General Commercial, 

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 

Perten Succeeds in Easement Case

(September 26, 2017, Boston, MA) – Sheehan Phinney Shareholder John H. Perten obtained summary judgment for the firm’s client in a dispute over the scope of an easement which ostensibly allowed an abutter to discharge wastewater onto the client’s property from where it was pumped to a municipal sewerage system.  The Court determined that discharge of 

Manchester Receives 2017 Good Samaritan Award

(September 19, 2017, Manchester, NH) – Sheehan Phinney Bass & Green Shareholder Susan A. Manchester has been recognized with one of the 2017 Pastoral Counseling Services Good Samaritan Awards.  The 2017 Good Samaritan Awards Celebration will be held on Tuesday, October 3, 2017 at the Manchester Country Club in Bedford, NH. “The Good Samaritan Awards 

CLIENT ALERT – New Massachusetts Law for Private Company Owners

CLIENT ALERT The Supreme Judicial Court of Massachusetts issued a precedent-setting decision (Koshy v. Sachdev, SJC-12222 (September 14, 2017)) in favor of Sheehan Phinney’s client, an equal owner and director of a Massachusetts software company. The decision made new law in the area of private company shareholder disputes. The SJC interpreted for the first time 

CLIENT ALERT – New Massachusetts Case Law on Private Company Deadlock

CLIENT ALERT The Supreme Judicial Court of Massachusetts issued a precedent-setting decision (Koshy v. Sachdev, SJC-12222 (September 14, 2017)) in favor of Sheehan Phinney’s client, an equal owner and director of a Massachusetts software company. The decision made new law in the area of private company shareholder disputes. The SJC interpreted for the first time 

Sheehan Phinney Corporate Team Assists Client in Successful Acquisition 

Sheehan Phinney congratulates its long-time client, Ravensburger USA, Inc., on its successful acquisition of ThinkFun, Inc.  Sheehan Phinney’s corporate team represented Ravensburger in this strategic acquisition which will expand its US operations and product offerings.  Attorneys involved in the transaction included Alexander Pyle, Chair of the Business Transactions Group, as well as Paul Reuland of 

Burack Receives 2017 ECOS Founders Award

(September 19, 2017, Manchester, NH) – Sheehan Phinney Bass & Green Shareholder Thomas S. Burack received the 2017 Founders Award from The Environmental Council of States (ECOS). The award was presented at the ECOS Fall Meeting on September 12, 2017 in Jackson, Wyoming. The purpose of ECOS is to improve the capability of state environmental 

Sheehan Phinney Attorneys Prevail at SJC, Establish Law in Massachusetts on Corporate “Deadlock Statute”

(September 18, 2017, Boston, MA) – Sheehan Phinney attorneys Charles Waters and David Hansen won a precedent-setting case in the Massachusetts Supreme Judicial Court involving corporate deadlock. On September 14, 2017, the SJC (Lenk, J.) issued a decision (Koshy v. Sachdev, SJC-12222 (September 14, 2017)) in favor of Sheehan Phinney’s client, an equal owner/director of a Massachusetts software 

Posted on Tuesday, September 19th, 2017 in Business Litigation

Reidy contributes to Washington Post column

(September 7, 2017, Manchester, NH) Sheehan Phinney shareholder James P. Reidy is credited for contributing to an advice column in The Washington Post titled, “Work Advice: Helping a daughter overcome being fired for letting a customer steal.” Read the full column here.

Posted on Wednesday, September 13th, 2017 in Labor & Employment

Three Sheehan Phinney Attorneys Named Lawyer of the Year for 2018

(August 21, 2017, Manchester, NH) – Sheehan Phinney is proud to announce that Best Lawyers in America® has named Peter T. Beach (Tax), Susan A. Manchester (Real Estate) and Bradford E. Cook (Charities/Non-Profit) as Manchester, NH’s 2018 Lawyer of the Year in their respective areas. Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in 

Sheehan Phinney Named Top in State by Best Lawyers® for 2018

(August 15, 2017, Manchester, NH – Boston, MA) – Sheehan Phinney is proud to announce that twenty-four attorneys have been selected by their peers for inclusion in Best Lawyers in America® 2018, the oldest and most respected peer-review publication in the legal profession. Since its inception in 1983, Best Lawyers has become universally regarded as 

Burack Speaks at 2017 Water and Watershed Conference

Sheehan Shareholder Thomas Burack spoke at the 2017 Water and Watershed Conference on March 24th, at Plymouth State University, NH.  Burack gave the Plenary Talk, Water Power, Paradoxes, and Rainmakers.  For more information on this event, please click here.

Sheehan Phinney Earns Top Rankings by Chambers USA

(June 1, 2017, Manchester, NH) – The firm of Sheehan Phinney Bass & Green PA has once again received the highest rankings in New Hampshire for 2017 by Chambers USA, a prestigious directory of the country’s top law firms. Sheehan Phinney is the only firm in New Hampshire to be ranked Band 1 (highest ranking) 

Bailey Named Secretary of Leadership New Hampshire Board

(July 1, 2017, Manchester, NH) – Sheehan Phinney shareholder Elizabeth A. Bailey has been elected as Secretary to the Board of Trustees of Leadership New Hampshire for the 2017-2018 program year. She has been a member of the Board since 2016. “LNH is extremely fortunate to have a tradition of deeply committed trustees:  individuals who have 

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, 

How not to handle terminations and layoffs — What HR professionals and managers can learn from the United Airlines fiasco

It was all over the news and social media when United Airlines personnel selected passengers, who were already seated on a place, to involuntarily give up their seats to make room for traveling flight crews. To make matters worse, they also forcefully removed one passenger from that plane. The decisions to terminate employees or reduce 

Hantz Confirmed for NH Supreme Court

Sheehan Phinney congratulated Shareholder Anna Barbara Hantz on being confirmed as an Associated Justice for the New Hampshire Supreme Court.  To read more about her appointment, click here.

NH Legal Perspective: Family in crisis — Is a guardianship the solution?

  The breadth of the opiate epidemic and its social implications have been topics of discussion for some time now in New Hampshire. Often not included in these conversations, however, is the impact of opiate abuse on the well-being of users’ children. Recently, there has been a noticeable increase in the need for extended family 

Waters and Aktas Prevail in American Arbitration Association Hearing

(July 17, 2017, Boston, MA) – On June 30th Sheehan Phinney Bass & Green PA attorneys Charles A. Waters and D. Deniz Aktas prevailed in an American Arbitration Association hearing in Boston, Massachusetts on behalf of the firm’s client. The three-arbitrator Panel found that a prominent Boston private equity firm breached its obligations contained in a 

Harris Speaks at World Affairs Council of New Hampshire Global Business Summit

Shareholder J.P. Harris recently spoke at the World Affairs Council of New Hampshire – Global Business Summit.  The focus of this year’s summit was How Today’s Cyber Conflicts Impact New Hampshire & the World and toook place on Tuesday, September 27 at Southern New Hampshire University. Click here for more information on the event.

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 

Reidy Guest Hosts Paycom HR Break Room Podcast

With the changes to state laws across the country regarding the legalization of medical and recreational marijuana, employers have started to revisit their drug testing policies. Marijuana is still an illegal drug under federal law and the Trump administration is signaled they they will be getting tougher on enforcement of federal drug laws, especially in 

Sheehan Phinney’s Intellectual Property Group Recognized by Managing Intellectual Property for 2017

(June 1, 2017, Manchester, NH) – Sheehan Phinney is proud to announce it has been honored by Managing Intellectual Property Magazine as the 2017 Intellectual Property, Tier 1, Highly Recommended law firm in New Hampshire for the fifth consecutive year. The publication also recognized firm shareholders, Peter A. Nieves, Christopher Cole and Robert H. Miller as 

Reidy Named to BIA Board of Directors

(June 15, 2017, Manchester, NH) – Sheehan Phinney shareholder James P. Reidy has been named to the Board of Directors for the Business and Industry Association of NH (BIA). The BIA is New Hampshire’s statewide chamber of commerce and leading business advocate. Through advocacy with state legislators and regulators, they shape business-friendly public policy and provide 

Sheehan Phinney Business Litigation Group Earns Top Rankings by Chambers USA

(June 1, 2017, Manchester, NH) – Sheehan Phinney’s Business Litigation Group has once again received the highest rankings in New Hampshire for 2017 by Chambers USA, a prestigious directory of the country’s top law firms. Sheehan Phinney is the only firm in New Hampshire to be ranked Band 1 (highest ranking) in the state for 

Sheehan Phinney Corporate Group Earns Top Rankings

(June 1, 2017, Manchester, NH) – Sheehan Phinney’s Corporate Group has once again received the highest rankings in New Hampshire for 2017 by Chambers USA, a prestigious directory of the country’s top law firms. Sheehan Phinney is the only firm in New Hampshire to be ranked Band 1 (highest ranking) in the state for all 

Sheehan Phinney Real Estate Group Earns Top Rankings

(June 1, 2017, Manchester, NH) – Sheehan Phinney’s Real Estate Group has once again received the highest rankings in New Hampshire for 2017 by Chambers USA, a prestigious directory of the country’s top law firms. Sheehan Phinney is the only firm in New Hampshire to be ranked Band 1 (highest ranking) in the state for 

Sheehan Phinney Environmental Group Earns Top Rankings

(June 1, 2017, Manchester, NH) – Sheehan Phinney’s Environmental Group has once again received the highest rankings in New Hampshire for 2017 by Chambers USA, a prestigious directory of the country’s top law firms. Sheehan Phinney is the only firm in New Hampshire to be ranked Band 1 (highest ranking) in the state for all 

Sheehan Phinney Labor and Employment Group Earns Top Rankings

(June 1, 2017, Manchester, NH) – Sheehan Phinney’s Labor and Employment Law Group has once again received the highest rankings in New Hampshire for 2017 by Chambers USA, a prestigious directory of the country’s top law firms. Sheehan Phinney is the only firm in New Hampshire to be ranked Band 1 (highest ranking) in the 

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 

Burack Receives EPA New England 2017 Environmental Merit Award

(May 22, 2017, Manchester, NH) – Sheehan Phinney Bass & Green Shareholder Thomas S. Burack received the EPA New England’s 2017 Ira Leighton “In Service to States” Annual Award. The award was presented at the 2017 Environmental Merit Awards ceremony on May 3, 2017 at Faneuil Hall, Boston, MA. The award is named for Ira 

Non-compete, Non-solicit and Related Agreements in New Hampshire – Understanding the Basics and Avoiding Common Traps

Employees and employers frequently wonder if non-compete agreements are enforceable in New Hampshire. You won’t like this, but the answer is, “It depends.” One of the key reasons for seemingly conflicting messages about the enforceability of these agreements is that people often confuse the different types of post-employment contractual restrictions contained in the agreements. These 

Sheehan Phinney Welcomes Lopez to Boston Office

(April 26, 2017, Boston, MA) – Sheehan Phinney is proud to welcome attorney Paul Lopez to its Boston office. Lopez joins the firm’s Labor & Employment Practice Group where he advises employers on a wide range of issues, including terminations, wage & hour rules, benefits, discrimination, harassment, drug testing, and family & medical leave. Lopez 

Reidy Honored with BIA Above and Beyond Award

(April 26, 2017, Manchester, NH) – Sheehan Phinney shareholder, Attorney James P. Reidy has been recognized with The Business and Industry Association of New Hampshire’s (BIA) 2017 Above and Beyond Award. The ‘Above and Beyond’ awards recognize those individuals who have gone the extra mile and demonstrated an extraordinary willingness and commitment to helping the 

Viscarello Named Vice Chair to CATCH Board of Directors

(April 26, 2017, Manchester, NH) – Shareholder Kenneth A. Viscarello has been named Vice Chair to the CATCH Neighborhood Housing Board of Directors. CATCH Neighborhood Housing endeavors to bring affordable homes to everyone. They are a local non-profit organization specializing in affordable housing and real estate education services in Merrimack County. No matter how the economy 

Hantz Named to Governor Sununu’s Judicial Selection Committee

(February 6, 2017, Manchester, NH) – Sheehan Phinney shareholder Bobbie Hantz has been appointed to Governor Sununu’s Judicial Selection Committee. The committee is tasked with examining all potential applicants for judicial nominations and making recommendations for qualified applicants based on experience, good character and temperament. The bipartisan Commission will be comprised of experts from across a 

Hanna Named to Board of the NH Center for Public Policy Studies

(April 26, 2017, Manchester, NH) – Sheehan Phinney shareholder Katherine Hanna was named to the Board of Directors for the NH Center for Public Policy Studies. The New Hampshire Center for Public Policy Studies is an independent, nonpartisan organization that pursues data-based research on public policy matters, develops options, informs policy makers and advises them 

Reidy Quoted in San Francisco Chronicle

(April 15, 2017, Manchester, NH) Sheehan Phinney shareholder James P. Reidy was quoted in the San Francisco Chronicle article, “Why employers shouldn’t ask about an applicant’s previous salary” Read the full article here.

NH Legal Perspective: Basic estate plans and why every millennial needs one

Millenials get a lot of attention. Media and companies analyze what we like and how we think to engage us in causes, attract us as consumers, and secure us as employees. This attention comes with stereotypes and criticisms of who we are, collectively, as millennials. Millennials can be perceived as lazy and narcissistic with misguided 

Reidy Quoted by SHRM

(April 6, 2017, Manchester, NH) Sheehan Phinney shareholder James P. Reidy was quoted in the Society for Human Resources (SHRM) article, “Should Marijuana Be Removed from Pre-Employment Drug Screens?” Read the full article, here.

Reidy Quoted in Bloomberg

(March 17, 2017, Manchester, NH) Sheehan Phinney shareholder James P. Reidy was quoted in the Bloomberg article, “Ban-the-Box Laws Reduce Role of Criminal Records in Hiring” Read the full article here.

Elder, Estate Planning & Probate Law: Advising Clients on Guardianships of Minors in Light of Opiate Epidemic

The number of cases filed in pursuit of guardianship over minors in the Probate and Family divisions of the NH Circuit Court increased by 23 percent from 2011 to 2015, according to state court records. The New Hampshire Department of Health and Human Services reports that the number of people in New Hampshire who died 

Reische Named to the Board of the NH Business Committee for the Arts

(April 1, 2017, Manchester, NH) – Sheehan Phinney shareholder Alan Reiche was named to the Board of Directors for the NH Business Committee for the Arts (NHBCA). The NHBCA was formed in 1985 to educate, motivate, and recognize business support of and participation in the arts, advocates for the value of the arts in economic, social and 

DiBrigida Named to Board of NH Center for Nonprofits

(April 1, 2017, Manchester, NH) – Sheehan Phinney shareholder Joseph DiBrigida was named to the Board of Directors for the NH Center for Nonprofits. The NH Center for Nonprofits is a 501(c)(3) nonprofit, statewide association dedicated to providing programs and resources that support nonprofit organizational capacity building and to partnering with sector leaders, businesses, and the 

Reidy Quoted in Bloomberg

(March 2, 2017 , Manchester, NH) Sheehan Phinney shareholder James P. Reidy was quoted in the Bloomberg article, “The Case for Eating Weed at Work” Read the full article here.

NH Legal Perspective: When run-off comes onto your property

About a year ago, I wrote an article about the unintended consequences of making changes to your property without planning for water run-off and potential adverse impacts to neighboring property. Not only do such actions come with potential liability for damage claims, failing to plan for drainage issues can prevent or delay regulatory approvals and 

Reidy Quoted in Bloomberg

(February 24, 2017, Manchester, NH) – Sheehan Phinney shareholder James P. Reidy was quoted on February 21, 2017 in the Bloomberg Legal article, “Employers Must Be ‘Nimble’ Navigating State Marijuana Laws” Read the full article here.

Sheehan Phinney Welcomes New Attorney to Boston Office

(February 1, 2016, Boston, MA) – Sheehan Phinney Bass & Green PA is proud to welcome D. Deniz Aktas to its Boston office. Ms. Aktas has joined the firm’s Litigation Department. Prior to joining the firm, she was a legal extern for the Honorable Patti B. Saris of the United States District Court for the District 

Posted on Wednesday, February 1st, 2017 in Business Litigation

Questions linger over accessory dwelling unit law: Are condominium and homeowner associations covered?

Even if you only pick up the newspaper once in a while, there are two issues in New Hampshire that regularly make headlines: the so-called “Silver Tsunami” approaching the state and the staggering amount of student debt facing New Hampshire college graduates. These issues impact many facets of daily life and often come up in 

Q&A with former DES Commissioner Tom Burack

Boston-born Thomas Burack spent part of his early years vacationing in New Hampshire’s White Mountains before moving to Jakcson, NH, at age 10. He developed a lifelong love of the outdoors and a keen interest in environmental issues, leading to a career as an environmental lawyer before his appointment as commissioner of the state Department