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 

Carrier Named Firm Shareholder

(1/1/2019, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to announce Megan C. Carrier has been elected as a firm shareholder, effective January 1, 2019. Sheehan Phinney President and Managing Director, David W. McGrath, stated that he has had the privilege of working alongside Attorney Carrier for many years and notes that all 

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.

Litigation Team Succeeds with American Arbitration Association Case

(12/12/2018, Boston, MA) – Sheehan Phinney’s Business Litigation team has received a favorable award for our client, Robert Scarborough, in an arbitration at the American Arbitration Association (AAA).  Attorney Michael Lambert, a Shareholder and Head of the Boston Office, lead the Sheehan team, which also included associates Michael Stanley and Deniz Harrison and Sheehan’s Manager 

Posted on Wednesday, December 12th, 2018 in Business Litigation

D.R. Lemieux Builders to Build 34 Affordable Housing Units in Rochester, NH

Sheehan Phinney’s Affordable Housing team successfully represented D.R. Lemieux Builders in the development of the first phase of three planned phases for construction of 102 units with 34 residential units of affordable housing in each phase located in Rochester, New Hampshire. Sheehan Phinney represented the development team in securing financing for this transaction through numerous 

Sheehan Phinney Welcomes Two New Attorneys

(12/6/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to welcome Kolbie R. McCabe and Madeline Christie Hutchings to the firm’s Manchester, NH office. Hutchings is a member of the firm’s Estate Planning and Family Law practice group where she will counsel clients by drafting estate plans that satisfy clients’ personal and financial objectives, 

Posted on Wednesday, December 5th, 2018 in Corporate Governance

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 

Shirley Named Piscataquog Land Conservancy Chairman of the Board

(11/7/2018, Manchester, NH) – Sheehan Phinney Shareholder James Q. Shirley has been named Chairman of the Board of Trustees for Piscataquog Land Conservancy.  Shirley has served on the Board since 2011. Shirley is a senior member of the litigation department and serves as the firm’s general counsel. He has successfully handled litigated cases in state 

Sheehan Phinney Ranked in 2019 “Best Law Firms”

(November 1, 2019 – Manchester, NH, Boston, MA) – Sheehan Phinney Bass & Green is pleased to announce that it has been ranked by U.S. News & World Report and Best Lawyers in the 2019 “Best Law Firms” rankings in 21 areas. Firms included in the 2019 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients 

Posted on Thursday, November 1st, 2018 in Business Litigation

USConnect Acquires CMS IP Technologies

Sheehan Phinney congratulates its client, USConnect, on the addition of CMS IP Technologies to its family of companies. This new venture will enable both organizations to better address the growing and increasingly complex IT and communications needs of their customers.  Sheehan Phinney shareholders Alex Pyle and Colleen Lyons represented USConnect in the acquisition and related financing transactions 

Sheehan Phinney Attorneys Selected as Super Lawyers® for 2018

(October 18, 2018, Manchester, NH) – Sheehan Phinney is pleased to announce that twenty-six attorneys have been selected for inclusion on the both the 2018 New England and Massachusetts Super Lawyers® lists, including six Rising Stars. Only 5% percent of attorneys are chosen each year, based on a multi-step evaluation process incorporating peer recognition and 

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 

Triple Peaks LLC. Sells to Vail Resorts Inc.

Sheehan Phinney congratulates it’s client, Triple Peaks, LLC, on its recent sale of its resort properties to Vail Resorts, Inc.  Triple Peaks, LLC is the parent company for Okemo Mountain Resort (Ludlow, VT), Mount Sunapee Resort (Newbury, NH) and Crested Butte Mountain Resort (Mt. Crested Butte, CO).  The Sheehan Phinney team assisted and advised the 

Stewart Receives Relativity Expert Designation

(October 11, 2018, Manchester, NH) – Charles Stewart, Manager of Electronic Discovery Services, has achieved the designation of Relativity Expert. Relativity Expert is awarded after successfully passing the Relativity Certified Administrator Exam and two additional specialist certification examinations. Stewart became a Relativity Certified Administrator in October of 2016, a Relativity Analytics Specialist in 2017 and completed 

Posted on Thursday, October 11th, 2018 in Electronic Discovery

Steven Lewis, Inc. to Build 14 Residential Units in Plaistow, NH

Sheehan Phinney’s Affordable Housing team successfully represented Steven Lewis, Inc. in the development of a $3,208,044.00, fourteen (14) unit affordable housing development for rent to seniors 62+ in Plaistow, New Hampshire. Sheehan Phinney represented the development team in securing financing for this transaction through numerous funding sources including the syndication of Low Income Housing Tax Credits 

Easter Seals NH Merges with The Homemakers Home Health Services of Rochester

Sheehan Phinney congratulates our client, Easter Seals NH, on its successful acquisition of The Homemakers Home Health Services of Rochester, which provides care to people in the Strafford County area, which transaction closed on August 31, 2018. The merger results in a stronger network of services for seniors and others in New Hampshire. Sheehan Phinney shareholder 

CLIENT ALERT: Major Non-competition Agreement Reform in Massachusetts

CLIENT ALERT by Mark J. Ventola   On July 31, 2018 the Massachusetts Legislature passed a non-competition reform bill.  In signing this bill, the Governor marked the end of over ten years of effort by certain legislators to address the law of non-competition agreements, and place statutory restrictions upon them.  Needed or not, the Non-compete 

Posted on Wednesday, September 19th, 2018 in Labor & Employment

Bouchard Named to Leadership Seacoast Board

(8/30/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to announce that attorney Brian Bouchard was named to the Board of Directors for Leadership Seacoast, where he will serve a three year term. Bouchard has an active litigation practice that focuses on labor and employment, land use, and construction issues. He is driven by 

Lirette Joins Business Litigation Group

(8/16/18, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to welcome Ryan P. Lirette to its Manchester office. Lirette is an experienced civil litigator and a member of the firm’s business litigation group. He has represented companies in complex commercial litigations and securities fraud cases in state and federal court. Lirette has 

Durham Joins Corporate Department

(8/16/18, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to welcome Paul J. Durham back to its Corporate Department. He returns to the firm from the publishing industry, where he is an award-winning author of books for young readers. Durham assists companies, entrepreneurs, and creative professionals with varied corporate matters including business 

Sheehan Phinney Attorneys Named Top in State by Best Lawyers in America® for 2019; Five Named Lawyer of the Year

(August 15, 2018, Manchester, NH, Boston, MA) – Sheehan Phinney is proud to announce that twenty-two attorneys have been selected by their peers for inclusion in Best Lawyers in America® 2019. In addition, five Sheehan attorneys were selected as 2019 ‘Lawyers of the Year’ in their respective practice areas: Christopher Cole – Litigation/Intellectual Property Michael 

Posted on Wednesday, August 15th, 2018 in Business Litigation

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. Are LLC Operating Agreements Executory Contracts?

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?  

Dakota Partners to Build 69 Residential Units in Yarmouth, MA

Sheehan Phinney’s Affordable Housing team successfully represented Dakota Partners in the new construction of 3 residential buildings in Yarmouth, MA. The site, previously operated as the now demolished Cavalier Motel, will contain 69 low-income units using a blend of debt and equity financing with permanent sources totaling $22,879,608.55. This transaction was financed in part with Low 

CLIENT ALERT: New Hampshire Workplace Legal Developments

Good news for employers from NH Legislature and Breaking News from Supreme Court regarding Public Sector Employment Recent Updates to New Hampshire Workplace Laws By Karen A. Whitley On June 25, 2018, New Hampshire Governor Sununu signed a bill (“June 2018 amendments”) which modifies workplace laws about Department of Labor inspections, poster and notice requirements, 

CLIENT ALERT: How CA’s New Data Privacy Law Will Affect You

CLIENT ALERT by J.P. Harris In May 2018, the European Union’s sweeping data privacy regulation, the General Data Protection Regulation (“GDPR”), went into effect. Ever since, companies in the United States have been trying to figure out whether they are subject to the GDPR and if so, how to implement its requirements – neither of 

Manchester Named Rotary Club President

(7/10/2018, Manchester, NH) – Sheehan Phinney shareholder Susan A. Manchester was named President of the Manchester Rotary, a position she will hold for one year. Rotary members believe that we have a shared responsibility to take action on our world’s most persistent issues. The Manchester Rotary is currently focused on helping children in need in the 

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.

McGrath Elected President of NH Bar Association

July 5, 2018, Manchester, NH – Sheehan Phinney shareholder and President David W. McGrath has been elected president of the New Hampshire Bar Association (NHBA), a term he will hold for 1 year. He previously served one year as President Elect and one year as Vice President. Scott Harris, former NHBA President stated “Having worked 

Viscarello Named Chair of CATCH Board of Directors

(July 2, 2018, Manchester, NH) – Shareholder Kenneth A. Viscarello has been named Chairman of 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 is, people 

BTLA Affirms Great Bay Kids’ Company Tax Exempt Status

Congratulations to Sheehan Phinney client, Great Bay Kids’, on their success with the New Hampshire Board of Tax and Land Appeals. Great Bay Kids’ was represented by Sheehan Phinney attorney Michael Lambert. Katelyn Dennis, Executive Director of Greay Bay Kids’ stated “Sheehan Phinney and Michael were amazing. Michael guided us through the each step of the process 

MRSI Systems, LLC acquired by Mycronic

Client MRSI Systems, LLC just closed a sale with Mycronic AB, a Swedish public company.  Paul Reuland and Alexander Pyle worked on the deal, with tax help from Peter Beach. Read more here.

Molex Technologies Purchases Bittware

Sheehan Phinney congratulates its client, BittWare, Inc., on its sale to Molex Electronic Technologies, LLC.  Sheehan Phinney partners Colleen Lyons, Michael Drooff and Peter Beach represented BittWare in the transaction.  Read more below. Molex Announces Acquisition of Bittware

CLIENT ALERT: Supreme Judicial Court Advises Legislature Should Clarify Independent Contractor Test

CLIENT ALERT by Mark J. Ventola and Paul S. Lopez In Massachusetts, there are four distinct methods that are used to determine whether a worker should be considered an employee or an independent contractor, depending upon the reason for the inquiry: a three-prong test under the Massachusetts Wage Act, an alternative three-prong test under the 

NH Legal Perspective — Choosing a Business Entity: The Unincorporated Options

A critical decision for any startup is choosing the appropriate and most beneficial legal entity in which to operate. If chosen properly, the characteristics of the entity can serve as a valuable foundation in helping a business achieve its goals. If chosen improperly, it can hinder a business’s growth and expose its founders to unexpected 

Who owns your intellectual property?

Independent contractors often hold the copyright on works they’ve created, like logos and software code. In today’s technology and online business environment, the key assets of a business are often its intangible assets – its intellectual property, whether patents, trade secrets, copyrights or trademarks. Frequently, business have other create works for them, including written content, 

Litigation Attorney Joins Boston Office

5/21/2018, Boston, MA —  Sheehan Phinney Bass & Green PA is proud to welcome Michael R. Stanley to its Boston office. Stanley is a business litigator with an emphasis on complex cases. He specializes in financial services litigation, class actions, and appellate work. Stanley has represented clients on real estate, federal and state lending regulations, 

Sheehan Phinney Welcomes New Patent Attorney

(5/17/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA welcomes Amit K. Singh to its Patent Group. Dr. Singh has a unique background and experience that makes him an excellent resource and partner in procurement of patents, as well as providing guidance to ensure non-infringement and design around currently available technologies and prior art. He 

Sheehan Phinney Earns Top Rankings by Chambers USA for 2018

(5/3/2018, Manchester, NH) – The firm of Sheehan Phinney Bass & Green PA has once again received the highest rankings in New Hampshire for 2018 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 

Panebianco Joins Sheehan Phinney’s Estate Planning Group

(5/1/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to welcome Michael P. Panebianco to its Estate Planning and Probate Group. Panebianco advises and represents individuals and families on their estate planning, probate, and trust administration needs, and represents individual and corporate fiduciaries, beneficiaries, and charitable organizations on trust, tax, and other legal 

Sheehan Phinney Successfully Wins $1.45 Million in Misrepresentation Case

Sheehan Phinney litigator Charles Waters successfully represented a businessman and his company, who had made financial investments with a Registered Representative through a Broker–Dealer.  The Defendants in the case misrepresented to Sheehan Phinney’s client the investment products.  After filing a complaint, and prior to discovery, Defendants agreed to pay Sheehan Phinney’s client $1.45 million in a 

Trudel and Veilleux Receive Above and Beyond Award

(4/12/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to announce that its Director of Business Development, Kelly A. Trudel, along with Sheehan Phinney Capitol Group’s Henry Veilleux, have been honored with the Business Industry Association’s (BIA) “Above and Beyond” award. This award is given to thank individuals whose work for the BIA 

Voegelin Named to Farnum Board

(4/4/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA Chief Operating Officer, Paul E. Voegelin, has been named to the Farnum Center Board of Directors. He will serve in this position for three years. The Farnum Center is a non-profit organization committed to providing effective, dignified care and support for adults seeking recovery from alcohol 

Eills Joins Healthcare Group

(4/2/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to welcome Andrew B. Eills to its Healthcare Group. Eills joins the firm from private practice and brings 29 years of experience in the healthcare industry. His practice focuses in the areas of compliance, employment, regulation, transactions, and non-profit governance. These areas include 

Sheehan Phinney Named 2018 “Best of Business”

(March 22, 2018, Manchester, NH) – The law firm of Sheehan Phinney Bass & Green PA is pleased to announce that it has been selected as a winner in New Hampshire Business Review’s 2018 Best of Business Awards for Best Law Firm in the area of Bankruptcy Law. The “BOB” Awards honor those Granite State 

Check your employee handbook: Changes in laws, greater awareness among employees mean the time has come to consider an update

If your New Year’s resolution was, finally, to update your employee handbook, keeping that resolution at the top of the list this year makes a lot of sense. Your handbook is an important communication tool. Apart from spelling out the “dos and don’ts,” the handbook can introduce employees to the mission, culture, tone and management 

This Chair Will Tell You When to Move

Robilis’ StandX Robotic Chair was featured in the Boston Globe.  Sheehan Phinney has served as corporate counsel to Robilis since its inception. Read the full article below. This Chair Will Tell You When to Move

LaMontagne Named to NH/VT Red Cross Board of Directors

(3/15/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA shareholder James S. LaMontagne has been named to the Board of Directors of the NH/VT Red Cross. The American Red Cross of New Hampshire & Vermont serves all residents in both states – a population of more than 1.9 million people with the support of 

Committee Approves Stadium Request

A Manchester Aldermanic committee voted unanimously Monday to approve a request from Sheehan Phinney client, the New Hampshire Fisher Cats minor league baseball team, seeking approval to use over $150,000 in capital reserve funds for repairs and improvements to Northeast Delta Dental Stadium in downtown Manchester as detailed under a new three-year deferred maintenance plan.  

Former NHDES Commissioner Tom Burack Joins Advisory Committee of the New Hampshire Clean Tech Council

(March 7, 2018, Manchester, NH) — Sheehan Phinney Shareholder Thomas S. Burack has been named to the Advisory Committee of the New Hampshire Clean Tech Council (NHCTC)- www.nhcleantechcouncil.org, effective immediately. The firm has also joined the NHCTC as a member. “The New Hampshire Clean Tech Council is helping to build a vibrant, dynamic and healthy future for our state’s economy and 

Successful Defense of Bankruptcy Sale in First Circuit

(February 20, 2018, Manchester, NH) – The United States Court of Appeals for the First Circuit affirmed the Bankruptcy Court sale of a Chapter 11 debtor’s assets to Sheehan Phinney client, Schleicher & Stebbins Hotels LLC (“S&S”). [Mission Prod. Holdings, Inc. v. Old Cold LLC and Schleicher & Stebbins Hotels, LLC, 879 F.3d 376 (1st Cir. 

CLIENT ALERT: Unused Sick Time Not “Wages” Under Massachusetts Law

CLIENT ALERT by Mark J. Ventola and Paul S. Lopez On January 29, 2018, the Massachusetts Supreme Judicial Court (“SJC”) ruled that accrued but unused sick time does not constitute “wages” under the Massachusetts Wage Act (the “Wage Act”). With this broad ruling, employers may safely conclude that they are not required to pay employees