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)-, 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 

Candon Named to Firm Management Team

(2/20/2018, Manchester, NH) – Sheehan Phinney Bass & Green PA shareholder Christopher M. Candon has been named to the firm’s Management Committee and the Chair of the Corporate Department. Sheehan Phinney’s Management Committee oversees the administrative and business functions and strategic planning initiatives for the firm’s four regional offices in New Hampshire and Massachusetts.  The 

Haverdyne Company Sells Haverhill, MA Office Building

(December 18, 2-18, Boston, MA) – Sheehan Phinney attorney Bruce Bagdasarian assisted his client, The Haverdyne Company, LLC, with the sale of a 63,000 light manufacturing/office building in Haverhill, MA. The sale to Testudine Partners LLC included the option to lease back the building under a long term lease. Bagdasarian has a diverse commercial real 

Posted on Tuesday, February 20th, 2018 in Real Estate Lending

Patent Case Transferred to Massachusetts Under New Supreme Court Precedent

(February 8, 2018, Boston, MA) – Sheehan Phinney lawyers Peter Nieves and Bob Lucic along with their Lex Mundi colleague Brian Kramer of Morrison & Forster, as local counsel, successfully moved to transfer a patent infringement case from the Southern District of California to the District of Massachusetts relying on the US Supreme Court’s recent 

Regional Sponsors Complete Successful Year-End Year 15 Dispositions

(February 1, 2018, Manchester, NH) – Sheehan Phinney’s Affordable Housing team represented the regional sponsors of tax credit projects in acquiring the limited partnership interests from their investor partners. These transactions were in connections with the expiration of the LIHTC Tax Credit Year 15 Compliance. Sheehan Phinney Affordable Housing team members included Kenneth Viscarello, Susan Manchester and, Peter 

Three New Hampshire Developers Receive $59 Million Housing Bond

(February 1, 2018, Manchester, NH) – Sheehan Phinney’s Affordable Housing team recently represented all three New Hampshire developers in connection with a  $59,180,000 2017 Series 1 Bond. The firm’s representation included representing the developers receipt and syndication of 4% low income housing tax credits; procurement of financing of private and public sources of financing; and 

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