Court Reaffirms that Securities Laws are There to Protect Consumers

CLIENT ALERTS By: John Perten In a case of first impression, the United States Court of Appeals for the First Circuit determined that a misrepresentation in a business plan provided to potential investors violated state securities laws even without proof that the investor actually relied upon the false representation. In In re: Access Cardiosystems, Inc., 

EEOC’s Proposed Rule Upholds Wellness Plan Incentives

CLIENT ALERT By Karen A. Whitley The Equal Employment Opportunity Commission (“EEOC”) is updating its regulations under the Americans with Disabilities Act (“ADA”) to provide guidance to employers who offer corporate wellness programs. The EEOC has estimated that nearly 600,000 employers offer some form of wellness program, and that approximately one-third to one-half of those 

Executive Action on Immigration Reform

CLIENT ALERT By Jim Reidy & Nate Warecki On Thursday evening November 20th President Barrack Obama, as promised, announced a string of executive actions concerning the United States immigration system.  This announcement was made in advance of a forthcoming Executive Order, which will involve numerous changes to the way the Obama administration interprets and enforces United 

Client Alert: Attorney General Issues Proposed Regulations Under Massachusetts Earned Sick Time Law

CLIENT ALERT By Mark J. Ventola Attorney General Maura Healey has issued the proposed regulations (the “Regulations”) further defining the provisions of the new Massachusetts Earned Sick Time Law (the “Law”). As reported in our previous Client Alert, the Law requires that all employers provide employees with a minimum of 40 hours of sick time 

Massachusetts’ Mandatory Sick Time Law

CLIENT ALERT By Mark Ventola Voters in Massachusetts recently approved the ballot measure requiring employers to provide sick time for all employees. In doing so, Massachusetts joined a small group of states with mandatory sick time laws. What this means for employers is that they must provide sick leave for all employees beginning on July 

Contractor Private Arbitration Clause in a Home Improvement Contract Does Not Trump Homeowner Statutory Dispute Resolution Procedure

CLIENT ALERT By John Perten In an unpublished appeals court decision, Mamaril v. Keller, the Massachusetts appeals court ruled that a homeowner was not bound by an arbitration clause contained in a home improvement contract. The Home Improvement Contractor (“HIC”) law, M.G.L. c. 142A, gives a homeowner the choice of HIC arbitration or litigation in 

NH Legal Perspective: Supreme Court with Justic Scalia was Pro Business

ANTONIN SCALIA’S decades-long service as a justice of the United States Supreme Court ended upon his death in mid-February 2016. Because he was a conservative justice friendly to business interests, scholars and executives alike must take heed of both his legacy and the shifts in the highest court’s business rulings engendered by his passing. Read 

Massachusetts’ Pay Equity Law

CLIENT ALERT By Mark J. Ventola and David Hartnagel Joining a growing number of states that have recently enacted pay equity legislation, on August 1, 2016, The Massachusetts Legislature approved a new pay equity law (the “PEL”). While it will not take effect until July 1, 2018, the PEL will require employers to pay men 

NH Legal Perspective: Steps an Employer Can Take to Reduce Risk When Firing an Employee

FIRING AN EMPLOYEE is often an unfortunate but necessary act. Because of the obvious economic consequences for the employee, tensions understandably rise when the news is delivered. The legal landscape continues to change, creating new risks for employers. While most employees are still considered “at-will,” meaning they can be fired at any time with or without 

HR Power Hour – New Mandatory MA Sick Leave Law

Mark Ventola is a member of the Firm’s employment and labor law, business consulting, and litigation practice groups. Mark’s focus is on employment and labor law, advising clients about the many aspects of the relationship between employer and employee. Read the full story here.            

Practitioner Tax Alert

Recently passed changes in IRS partnership audit rules could have unintended economic consequences for partners and may require revisions to partnership agreements and LLC operating agreements. Acting now to revise partnership and LLC agreements could allow partnerships to immediately take advantage of some of the new procedures.

Sheehan Phinney’s Intellectual Property Group Recognized by Managing Intellectual Property for 2016

Sheehan Phinney is proud to announce it has been honored by Managing Intellectual Property Magazine as the 2016 Intellectual Property, Tier 1, Highly Recommended law firm in New Hampshire for the third consecutive year. The publication also recognized firm shareholders, Peter A. Nieves, Christopher Cole and Robert H. Miller as IP Stars for their individual contributions and recognition within the intellectual property field.

NH Businesses Face Legal Challenges That ‘Hit From All Sides’

James Reidy featured in a Union Leader article. WINDHAM – Jim Reidy began a presentation Thursday on human resources and employment law by noting the conference’s theme of untangling knots, and then playing a mellow acoustic clip from “Stomach Tied in Knots” by Sleeping with Sirens. Read the full story here.        

Overtime Rules Promise Challenges for Some NH Firms

Mark Ventola featured in a Union Leader article.  WINDHAM – A new proposed overtime rule from the Department of Labor could have a major impact on New Hampshire businesses, some of which may be forced to hand out raises, reclassify workers or fire people. Read the full story here.      

New Rules Extend Visas for STEM Graduates

Regulations often make businesses cringe, but not this one. A new rule will allow international students in STEM (Science, Technology, Engineering, Math) fields to be employed in the United States for a longer period of time once they graduate, a boon to employers in a field with fewer graduates and shortages of talent. Read the 

The Department of Labor Announces Final Rule on White Collar Exemptions

CLIENT ALERT By Mark J. Ventola and  James. P Reidy On May 17, 2016 the United States Department of Labor, after much anticipation, issued its Final Rule updating the Fair Labor Standards Act regulations governing the “white collar exemptions” for executive, administrative, and professional employees. What follows is a summary of the Final Rule along 

Want to Be an Entrepreneur?

Millennials get a bad rap, often pegged as lazy, entitled and non-committal. However, millennials are an entrepreneurial generation, creating their own jobs when there were no jobs to be had. If your dream is to open a cupcake shop, start a dog walking business or commercialize the “next big thing,” know that there is more 

Reidy Quoted in National SHRM Article

Sheehan Phinney shareholder James P. Reidy was quoted in the March 16, 2016 Society For Human Resources (SHRM) article “Massive D.C. Subway Closure Shows Need for Continuity Plans”, which appeared on the national SHRM website.

Donald Trump in HR? A Survey

In the first-in-the-nation primary state, Granite Staters have been introduced to many truly interesting people who were seeking their party’s nomination for the highest office in the land. This year is no different, with two fields of very different but each certainly talented and, in their own way, qualified candidates. Read the full story here. 

Hantz Named to Firm Management Committee

Sheehan Phinney shareholder Anna Barbara (Bobbie) Hantz 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.

HR Takeaways from the Patriots Loss

Monday morning, Jan. 25, in New England after the Patriots loss in the AFC championship to Denver left many fans, in a word, deflated. With the words of coaching legend, Vince Lombardi, ringing in their ears, “Show me a good loser, and I’ll show you a loser,” many are looking for something to occupy their 

Essential Documents for Retirement

You are on the verge of retirement. Things to do, people to see, places to go and time to do it.  But before taking the final leap, make sure you have your documents in order. While this list doesn’t include everything you’ll need, this provides a good starting point. You should speak with your attorney 

Regardless of What Your Client Says, As a Builder, You Are Ultimately Responsible for Code Compliance

CLIENT ALERT By John H. Perten In 2006, in Reddish v. Bowen, the MA appeals court affirmed a ruling that a home improvement contractor who installed an in-ground swimming pool within the side-yard setback, violated the Home Improvement Contract Law, M.G.L. c. 142A (“HIC”) and Chapter 93A, notwithstanding that the homeowner had represented that the