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.

SBANE Partners with Sheehan Phinney to Host Business Growth Series

(April 11, 2017, Manchester, NH) – The Smaller Business Association of New England (SBANE) has partnered with Sheehan Phinney to host a monthly Business Growth Seminar Series. The series focuses on helping business owners with the growth of their businesses and will be held at Sheehan Phinney’s Manchester office, 1000 Elm Street, 17th Floor. Dates 

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 

Managing Business Growth Seminar Series

  Sheehan Phinney Bass & Green and SBANE are hosting a monthly seminar series targeted at helping business owners with the growth of their businesses.  This series will be from 7:30 to 9:00 AM at Sheehan Phinney’s Manchester office and includes breakfast and materials. Click on the individual dates to register! POSTPONED – Tuesday, May 9, 

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 

Opinion: New Class of Legal Professionals Could Help Close Justice Gap

By: Karen Morin In his article “Help for the Unrepresented: A Look at a New Approach”, published in the Sept. 21, 2016, issue of Bar News,  attorney Chuck Douglas advocates for the use of non-lawyer legal professionals to close the justice gap in New Hampshire. In contemplating how to provide low-income, unrepresented litigants with the legal 

NH Legal Perspective: Provisional patent applications are not shortcuts

Many are aware of the exclusive right of patents to stop others from making, using, selling, and importing a technology or method. While the exclusive right provided is quite appealing, it typically comes at significant, and sometimes prohibitive, financial cost. Read the full article here.

Posted on Wednesday, January 25th, 2017 in Intellectual Property

Client Alert: Update on Stalled Federal Overtime Exemption Rule Changes

CLIENT ALERT by  James P. Reidy and Mark J. Ventola In a ruling issued on November 22, 2016, a Federal District Court Judge in Texas blocked implementation of the U.S. Department of Labor’s amendments to the overtime exemption rules under federal wage law. Before that injunction was issued, covered employers were scrambling to make changes 

Sheehan Phinney Welcomes Tom Burack to Firm’s Environmental Group

(January 24, 2017, Manchester, NH) – Sheehan Phinney Bass & Green is proud to welcome shareholder Thomas S. Burack to its Manchester office where he will bring significant experience to the firm’s Environment & Energy and Non-Profit Groups. Burack returns to Sheehan Phinney after serving for over ten years as the Commissioner of the New 

The ghost of Christmas yet-to-come?

Now that the dust from the November election has settled, human resources professionals, business owners and executives are anxious about what could come next. While we’ve all given up predicting, with any certainty, what the Trump team will do, here are things likely to be addressed by the new administration (shamelessly borrowing quotes from popular 

Sheehan Phinney attorneys use Relativity Analytics to win $1.2 million for client

Sheehan Phinney Bass & Green was hired to represent a founding member of a venture capital company in a separation compensation dispute. Dumped with 650,000 documents to review and a three-month arbitration deadline, Sheehan turned to Relativity Analytics. “We use Relativity Analytics on every case. The combination of different features – email threading, categorization, cluster analysis 

Posted on Tuesday, January 17th, 2017 in Electronic Discovery

Lucic Named Chair of North American Lex Mundi Environmental Practice Group

(January 17, 2017, Manchester, NH) – Shareholder Robert R. Lucic has been named Chair of the  North American Lex Mundi Environmental Practice Group. He currently serves as the firm’s liaison with Lex Mundi and previously served as the Regional Vice Chair of the Environmental Practice Group. Lex Mundi is the world’s leading association of independent law firms and 

Reidy Quoted in The Washington Post

(January 6, 2017, Manchester, NH) – Sheehan Phinney shareholder James P. Reidy was quoted in the January 6, 2017 issue of The Washington Post article, “What to expect at work in 2017” Click below for a full version of the article. What to expect at work in 2017

Former state environmental chief returns to private sector

The man who served as New Hampshire’s chief environmental officer for the past decade has returned to the law firm he left 10 years ago, with plans to help clients navigate environmental regulations. Tom Burack, who stepped down from state office at the end of December, has returned to the law firm of Sheehan Phinney, 

Harris and Stewart Quoted in NH Bar News

(December 21, 2016) – Sheehan Phinney shareholder James P. Harris and Manager of Electronic Discovery Charles Stewart were quoted in the New Hampshire Bar News article, “Attitudes on E-Discovery Evolving in NH.” Click below for a full version of the article. Attitudes on E-Discovery Evolving in NH

Stewart Quoted in Legaltech news

(December 28, 2016) – Sheehan Phinney’s Manager of Electronic Discovery Charles Stewart was quoted in the Legaltech news article, “Is E-Discovery Going Back to the Future in 2017?” Click below for a full version of the article. Is E-Discovery Going Back to the Future in 2017?

Family enterprise guide to major mental illness

(December 8, 2016, Boston, MA) – Sheehan Phinney shareholder Janet B. Fierman has co-authored a chapter of the book Sustaining Family Enterprise: Meeting the Challenges of Continuity, Control and Competitiveness, titled ‘Family enterprise guide to major mental illness’. Click here for a full copy of the chapter: Family enterprise guide to major mental illness Click here for 

Posted on Thursday, December 8th, 2016 in Private Held/Family Companies

NH Legal Perspective: Disclosing bad-performance information about ex-employees

The health-care industry is facing a shortage of qualified workers. Health-care providers faced with a job opening often spend months trying to recruit a qualified-candidate. … When licensure searches come up clean, or the prospective employee is not subject to state licensure, these employers are forced to take a leap of faith and hire someone 

Reidy Quoted in Associated Press

(December 1, 2016, Boston, MA) – Sheehan Phinney shareholder James P. Reidy was quoted in the December 1, 2016 issue of the Associated Press article, “Q&A: Can my employer fire me for legally using marijuana?” Click below for a full version of the article. Q&A: Can my employer fire me for legally using marijuana?

Client Alert: Stop the Presses! Federal Judge Stays Implementation of the Overtime Exemption Rule Changes

CLIENT ALERT by  James P. Reidy and Mark J. Ventola In a ruling issued late yesterday, a Federal District Court Judge in Texas has blocked implementation of the Department of Labor’s amendments to the overtime exemption rules. For all who have worked hard in preparation to implement the changes that were scheduled to go into 

NH Legal Perspective: Things to consider if you’re thinking about selling your business

With improvements in the economic climate and continuing low interest rates, many private business owners have recently seen opportunities to sell their business at an attractive price. Even in good times, however, the sale of a business can be a difficult and complex process requiring considerable planning and advice. While there is no single right 

Gregoire Receives NH Health Care Association Star Award

(November 22, 2016, Manchester, NH) – Sheehan Phinney attorney, Jason D. Gregoire has been given the Star Award from the NH Health Care Association (NHHCA). Gregoire was given the award at the Association’s Annual Meeting on November 10th for his service to the organization. “Star Awards are given to New Hampshire Health Care Association members who 

Morin Named President of Paralegal Association of New Hampshire

(November 15, 2016, Manchester, NH) – Sheehan Phinney paralegal, Karen Morin, RP, has been named President of the Paralegal Association of New Hampshire (PANH), where she will serve a two year term. Morin works in the firm’s Intellectual Property Group as an IP Paralegal. She previously served as Vice President of the PANH and Chair of 

Miller Named to Saint Paul School Board of Overseers

(November 1, 2016, Manchester, NH) – Sheehan Phinney shareholder, Robert H. Miller has been named to the Board of Overseers for Saint Paul’s School Advanced Studies Program for a three year term. The Board of Overseers was established for the purposes of overseeing the advancement and success of the Advanced Studies Program, a summer academic program 

Client Alert – Massachusetts Changes Public Bid Laws

CLIENT ALERT By Janet B. Fierman On November 7, 2016, Chapter 218 of the Act of 2016, “An Act modernizing Municipal Finance and Government”, became effective. Among other things, Sections 2 through 12 of Chapter 218 change the public bid laws for government construction, procurement and repair projects by amending Chapter 30, Section 39M and 

Nieves Named a New England Super Lawyer for IP

(November 1, 2016, Manchester, NH) – Sheehan Phinney shareholder Peter A. Nieves has been named a New England Super Lawyer in the area of Intellectual Property (IP).  Nieves is the only attorney in New Hampshire to be named to the list for IP. Sheehan Phinney’s IP group was also  recognized by Managing Intellectual Property Magazine 

Posted on Monday, November 14th, 2016 in Intellectual Property

Sheehan Phinney Attorneys Selected as Super Lawyers®

(November 1, 2016, Manchester, NH) – Sheehan Phinney is pleased to announce that twenty-seven attorneys have been selected for inclusion on the both the 2016 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 professional 

NH Legal Perspective: Word of caution on employer-employee arbitration clauses

Whether you’re an employer or employee, it is possible that your employment relationship is governed by an arbitration agreement that requires any disputes between the employer and employee to be resolved not via litigation, but via binding arbitration. This may be a non-issue to you – something that you only think about when a dispute 

Charles Stewart Becomes Relativity Certified Administrator

(October 26, 2016, Manchester, NH) – Charles Stewart, Sheehan Phinney Manager of Electronic Discovery Services, has passed the exam to become a Relativity Certified Administrator (RCA). kCura Relativity is a Best in Class e-discovery software platform that utilizes proprietary analytics to process, sort, organize and analyze electronically stored information so that legal teams can concentrate 

Posted on Wednesday, October 26th, 2016 in Electronic Discovery

Legal assistant starts nonprofit to help school children in Haiti

Visitors to Sheehan, Phinney, Bass & Green’s Boston office are greeted nowadays not only by the firm’s receptionist, but also by a large plastic bin at the front desk that’s filled with colorful notebooks, folders and pencils. In December, the contents of the bin will be packaged up and shipped off to a school in 

Verge Named President of Integrity Partners Chapter of BNI New Hampshire

(October 3, 2016, Manchester, NH) – Sheehan Phinney shareholder Douglas G. Verge has been named President of the Integrity Partners Chapter of BNI New Hampshire, a position he will hold for one year. Verge is an integral member of Sheehan Phinney’s intellectual property law practice, having previously chaired the firm’s IP Practice Group for close 

White Paper – New Hampshire Board of Medicine Adopts Final Opioid Prescription Rules

by Jason D. Gregoire New Hampshire, like many states, is facing an opioid addiction crisis. In 2015, there were over 400 deaths in New Hampshire caused by powerful opioids like Heroin and Fentanyl. Federal, state, and local governments have struggled to find workable solutions to this extremely complicated problem that can be implemented quickly and 

Sheehan Phinney Attorneys Win $1.2 Million Decision

(September 14, 2016, Boston, MA) – On September 8, 2016, Sheehan Phinney shareholders Charles Waters and Peter Cowan received an award of $1.2 million on behalf of the firm’s client pursuant to a week-long JAMS Arbitration in Boston.  The Arbitrator found that a prominent Boston/New York venture capital firm breached the implied covenant of good faith and fair 

Sleeper Receives New Hampshire Bar Association’s Paralegal Professionalism Award

(September 1, 2016, Manchester, NH) – Sheehan Phinney Paralegal Priscilla J. Sleeper has been given the New Hampshire Bar Association’s Paralegal Professionalism Award, which will be honored at the Paralegal Association’s Annual Meeting on September 16, 2016. The annual award is presented to a paralegal “who best exhibits a high degree of professionalism; possesses an 

The evolution of workplace laws according to Jagger

Mick Jagger, lead singer for the iconic rock band The Rolling Stones turned 73 in July. In addition to celebrating that milestone, Jagger is going to be a father. He already has seven other children, ranging in age from 16 to 45. He also has five grandchildren and one great-grandchild. Some commentators are shocked by 

NH Legal Perspective: Federal government tells NH what it can do with runoff

SOME MONTHS AGO, my colleague Attorney Robert Lucic, described the state and federal environmental process for how New Hampshire’s waterways effectively become listed as impaired for purposes of the Clean Water Act. That article, published in October 2015, also highlighted the far-reaching impacts these impairment listings have on our local cities, towns, industry and development 

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