CLIENT ALERT: MCAD Issues Guidance on the Pregnant Workers Fairness Act

CLIENT ALERT by Mark J. Ventola and Paul S. Lopez Last year, Governor Baker signed the Massachusetts Pregnant Workers Fairness Act (the “Act”) into law. The Act, which goes into effect on April 1, 2018, makes it unlawful for an employer in Massachusetts to discriminate against an employee because of her pregnancy or a pregnancy-related 

Reexamining Superfund Sites

It’s no big surprise to commercial real estate developers and investors that the risk of environmental liability and the high cost of cleaning up a contaminated property makes redevelopment of Superfund sites less than enticing. The Environmental Protection Agency (EPA) has struggled with this problem for years – how do you incentivize the expansion, reuse 

Trudel Named One of New Hampshire’s 40 Under Forty

(January 29, 2018, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to announce that its Director of Business Development, Kelly A. Trudel, has been named to the New Hampshire Union Leader’s 2018 ‘40 Under Forty’ list.  Click here for the full article. The 40 Under Forty program, now in its 17th year, honors 

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 

Sheehan Phinney Assists NH Public Utilities Commission with Sale of Eversource Fossil Fuel Generation Assets

(January 25, 2018, Manchester, NH) – As part of the “deregulation” of electric utilities in NH, which began almost 20 years ago, Eversource recently completed the divesture of its fossil fuel generating facilities with a sale of those assets to Granite Shore Power, LLC. The auction, conducted by JP Morgan, and sale was overseen and 

Bouchard Named to 2018 Leadership Seacoast Class

(January 22, 2018, Manchester, NH) – Sheehan Phinney Bass & Green PA attorney Brian J. Bouchard has been named to the 2018 Leadership Seacoast class. Bouchard joins 38 other individuals from seacoast businesses, government and the general community for the six month program, with a graduation ceremony on June 13, 2018. Leadership Seacoast offers an 

Sheehan Phinney Elects Gregoire and Whitcomb as Shareholders

(1/2/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA attorneys Jason D. Gregoire and Jonathan B. Whitcomb have been elected as firm shareholders, effective January 1, 2018. Sheehan Phinney President and Managing Director, David W. McGrath, stated that the unanimous decision was based on “their excellent lawyering, exceptional client service, professionalism, diligence, community involvement, respect 

NH Legal Perspective: State law enforcement has many tools in its investigative bag

Since May and the appointment of Special Counsel Robert S. Mueller III, the investigative and prosecutorial powers of the federal government have been widely reported on. As the investigation into Russian government efforts to influence our presidential election has developed, the public has been enlightened to federal law enforcement investigative tools and tactics to gather evidence 

Holiday Parties Gone Wrong: Careful Where You Hang The Mistletoe

Office holiday parties have always posed a liability for employers, as coworkers mix with one another with plenty of company-supplied alcohol. Sensitivity is running particularly high this year, though, as new sexual harassment allegations emerge against high-profile figures every day. Sheehan Phinney shareholder James P. Reidy was interviewed by NPR to share his insight. See the full article 

Efficiently Mining an Opponent’s Discovery

WHITE PAPER/CASE STUDY By James P. Harris In a case involving allegations that an insurance broker misrepresented complex variable annuity products, the firm collected electronically stored information from its client, the plaintiff.  Those files were reviewed and coded for responsiveness, issues and deposition kits.  In short, we had already found the most important files within 

Posted on Thursday, December 14th, 2017 in Electronic Discovery

Manchester Receives 2017 Visionary Award

(December 12, 2017, Manchester, NH) – Sheehan Phinney Bass & Green Shareholder Susan A. Manchester has been recognized by 2020 Vision Quest with its 2017 Visionary Award at their Annual Dinner on November 18, 2017. Manchester received the award for her “exemplary leadership, guidance, mentoring and her humanitarian efforts”. 2020 Vision Quest leads and inspires 

Perten Succeeds in Construction Dispute Case

(December 13, 2017, Boston, MA) – Sheehan Phinney Shareholder John H. Perten successfully defended the firm’s client in a construction dispute. Our client, a 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 buy 

Perten Succeeds in Challenging Jurisdiction

(December 13 , 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 abroad and shipped to our client in Massachusetts from where it is distributed. The foreign manufacturer allegedly had a US affiliate headquartered in the 

Perten Succeeds in Easement Case

(December 13, 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 

Massachusetts Appeals Court Rejects Effort to Extend Duration of Restrictive Covenant Pertaining to Real Estate

CLIENT ALERT By John H. Perten In a decision dated December 5, 2017 captioned Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court revisited the issue of whether restrictive covenants on real estate could be enforced for a period greater than 30 years. By statute, restrictive covenants of unspecified duration that run with the land are 

NH Legal Perspective: How fraud can impact the bankruptcy process

A fundamental policy behind the bankruptcy law is to provide a debtor with a “fresh start” by allowing him or her to discharge his or her debts. However, this policy is not all encompassing and does not override the competing policy that a dishonest debtor should not benefit from bad acts. Accordingly, bankruptcy law provides that 

Burack Speaks at Restructuring New England Roundtable

(12/6/2017, Manchester, NH) – Sheehan Phinney Bass & Green PA shareholder Thomas S. Burack will speak at the New England Electricity Restructuring Roundtable on December 15, 2017, Boston, MA. Burack will be part of a 5 person panel titled “Improving Energy Facility Siting and Permitting in New England”. Burack will describe recent reforms to New 

Sheehan Phinney Welcomes Two New Attorneys

(12/4/2017, Manchester, NH) – Sheehan Phinney Bass & Green PA is proud to welcome Gregory A. Chakmakas and Bryanna K. Devonshire to the firm’s Manchester, NH office. Chakmakas will join the firm’s Real Estate Group where he will focus on assisting nonprofit and for-profit owners and developers in acquiring, developing and preserving affordable housing. He 

Trudel Speaks at Business Development Open Session

(12/1/2017, Manchester, NH) –Sheehan Phinney Bass & Green PA Director of Marketing, Kelly A. Trudel, spoke on at the 2017 Lex Mundi Environmental Practice Group Global Meeting on November 9 at Columbia Law School, New York, NY. Trudel led an open discussion on business development on how Lex Mundi members could utilize law firm client 

Sheehan Phinney Shareholders Speak at Lex Mundi Global Environmental and Energy Meeting

(12/1/2017, Manchester, NH) – Sheehan Phinney Bass & Green PA shareholders Robert R. Lucic and Lynn J. Preston spoke at the 2017 Lex Mundi Environmental Practice Group Global Meeting on November 9th and 10th at Columbia Law School, New York, NY. Lucic was part of a panel titled “Deregulation Efforts for Energy and Remediation Project” 

Gregoire Named to NH Long-Term Care Foundation Board of Directors

(11/28/2017, Manchester, NH) – Sheehan Phinney Bass & Green PA attorney Jason D. Gregoire has been named to the Board of Directors for the New Hampshire Long-Term Care Foundation, a non-profit foundation that provides scholarships to long-term care workers to further their education.  Since 1995, The LTCF has awarded more than $600,000 in scholarships to 

House tax plan threatens affordable housing

Most of the affordable housing developed in New Hampshire over the past 20 years has received funding through the low-income housing tax credit (LIHTC) program. In addition to other benefits, the credit provides investors who put money into certain affordable housing projects, with a dollar-for-dollar credit on their tax liability. Read the full article here.

NH Legal Perspectives: EEOC’s wellness incentive rules run off the track

In May 2016, the Equal Employment Opportunity Commission (EEOC) issued regulations about employer-sponsored wellness programs. The goal was to clarify how employers could encourage and reward employees for following healthier lifestyles, while at the same time protecting employees’ private health information. The regulations contain specific rules about how employers can strike the right balance. On 

Sheehan Phinney Ranked in 2018 “Best Law Firms”

Sheehan Phinney Bass & Green is pleased to announce that it has been ranked by U.S. News & World Report and Best Lawyers in the 2018 “Best Law Firms” rankings in 20 areas. Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. 

Harris and Stewart Speak at Relativity Fest 2017

(November 15, 2017, Manchester, NH) – Sheehan Phinney shareholder James P. Harris and Charles Stewart, Manager of Electronic Discovery, were selected to speak at RelativityFest 2017, a national user conference of lawyers and ediscovery professionals.  Stewart and Harris presented the firm’s unique workflow, which harnesses software’s analytical capabilities with the experience and knowledge of the firm’s 

Posted on Wednesday, November 15th, 2017 in Electronic Discovery

Viscarello Speaks at 2017 Housing and Economy Conference

(11/13/2017, Manchester, NH) – Sheehan Phinney shareholder, Kenneth A. Viscarello spoke at the 2017 Housing and the Economy Conference on November 8, 2017. Viscarello was part of a 4 person panel titled “Zoning In on Housing Opportunities”. The conference was held in Manchester, NH and hosted 200 attendees from the financial, real estate, lending, development, 

Sheehan Phinney Welcomes New COO

(11/10/2017, Manchester, NH) – Sheehan Phinney Bass & Green PA today announced the appointment of Paul E. Voegelin as Chief Operating Officer. Mr. Voegelin brings to Sheehan Phinney more than three decades of expertise transforming business processes to increase efficiency, profitability, and client satisfaction. His appointment strengthens the executive leadership team, adding significant commercial and operational 

Burack Elected as Fellow of American College of Environmental Lawyers

(November 8, 2017, Manchester, NH) – Sheehan Phinney Bass & Green Shareholder Thomas S. Burack has been elected as a Fellow of the American College of Environmental Lawyers (ACOEL). Burack is one of only twenty attorneys nationwide inducted into the College at its Annual Meeting in October. ACOEL President, James Bruen of Farella Braun + 

Dawn of the Deadlock: Resolving Internal Corporate Disputes

Sheehan Phinney shareholders Charles A. Waters and Alexander H. Pyle spoke at a recent Boston Bar Association program “Dawn of the Deadlock: Resolving Internal Corporate Disputes”.  The program, focusing on Koshy v. Sachdev, SJC-12222 (September 14, 2017), provided a roadmap to practitioners grappling with corporate deadlock and governance disputes.  Click on the link below for additional details. 

Posted on Tuesday, October 31st, 2017 in Business Formation & Succession Planning

Sheehan Phinney Attorneys Selected as Super Lawyers® for 2017

(October 26, 2017, Manchester, NH) – Sheehan Phinney is pleased to announce that twenty-six attorneys have been selected for inclusion on the both the 2017 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 

Alternative Dispute Resolution: Mediation Proceedings: Cloaked in Confidence?

More than 80 percent of mediated disputes settle. One of the reasons mediation works so well is that participants rely on and benefit from the confidential nature of the process. Confidentiality promotes settlement discussions through an open sharing of information. Without confidentiality, parties may fear that information gained during or arising out of the mediation 

Posted on Tuesday, October 24th, 2017 in Alternative Dispute Resolution

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 

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 

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