NH Legal Perspective: Taking a Look at the Sweepstakes Law

YOUR MAILBOX and email inbox are probably flooded with offers, especially this time of the year, along the lines of “Win a free cruise to Cancun” or “Scratch here to reveal keys to your new car.” Read the full story here.          

Posted on Saturday, February 20th, 2016 in Article, Author: Jocelyn R. Beiswenger

In-House Lawyer’s Advice to Competitor Not Barred

Sheehan Phinney Bass & Green PA shareholder Mark J. Ventola was quoted in the February 11th issue of Mass Lawyers Weekly in an article entitled “In-House Lawyer’s Advice to Competitor Not Barred”.

Posted on Thursday, February 11th, 2016 in Press Releases, Author: Mark J. Ventola

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. 

Posted on Tuesday, February 2nd, 2016 in Article, Author: James P. Reidy

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.

Posted on Monday, February 1st, 2016 in Firm News, Author: Anna Barbara Hantz

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 

Posted on Monday, January 25th, 2016 in Article, Author: James P. Reidy

Health Law: One Year In: NH Healthcare Surrogacy Decision-Making Law

Adults have the right to make their own health care decisions, unless they are incapacitated. Until 2015, the only people who were able to make health care decisions for an incapacitated adult in New Hampshire were an agent appointed under a durable power for attorney for health care (DPOA-H), or a guardian appointed by the 

Posted on Wednesday, January 20th, 2016 in Article, Author: Katherine M. Hanna

Time Is Running out to Participate in a New Hampshire Tax Amnesty Program

CLIENT ALERT By Russell J. Stein New Hampshire taxpayers may have an opportunity to become current on their tax obligations, avoid penalties and pay 50% of outstanding interest on past-due amounts through a New Hampshire tax amnesty program that is running from now until February 15, 2016. The tax amnesty program is available to both 

Posted on Friday, January 15th, 2016 in , Author: Russell J. Stein

Essential Documents for Retirement

This article was originally published in Business NH Magazine and can be found here. January 11. 2016 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 

Posted on Monday, January 11th, 2016 in Article, Author: Jason D. Gregoire

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 

Posted on Friday, January 1st, 2016 in , Author: John H. Perten

NH Legal Perspective: Commercial Debtor-Tenants and Their Landlords

THE BANKRUPTCY code offers a commercial debtor many important tools to assist in its reorganization efforts. One such tool at the debtor’s disposal is the ability to either preserve, through assumption, or void, through rejection, a debtor’s pre-bankruptcy property lease with its landlord. Read the full story here.            

Posted on Sunday, December 27th, 2015 in Article, Author: James S. LaMontagne

When Your AdWords Keywords Land You in Court

Google’s AdWords and other programs can be a boon to small online retailers. For a modest fee, a company reserves a keyword on Google. Whenever that keyword or phrase appears in a search request on Google, the company’s name and advertising are displayed at the top of the search results. Read the full story here. 

Posted on Wednesday, November 25th, 2015 in Article, Author: John-Mark Turner

Ballot Law Commission Throws Out Challenges to Trump’s Eligibility to Appear on GOP Primary Ballot

Bradford Cook featured in a WMUR article. CONCORD, N.H. —The state Ballot Law Commission on Tuesday quickly threw out a former New Hampshire Republican Party chairman’s challenge to Donald Trump’s eligibility to be on the GOP first-in-the-nation primary ballot. Read the full story here.            

Posted on Tuesday, November 24th, 2015 in Article, Author: Bradford E. Cook

NH Legal Perspective: Splitting Equity in Jointly Owned Property

IT’S A COMMON story. You were in love, but you weren’t married. You lived in a small rented apartment. One day, one of you said, “Hey, wouldn’t it make sense for us to buy?” And the other one said, “Why, yes, it would. That way, we could build some equity, rather than throwing rent money 

Posted on Saturday, November 14th, 2015 in Article, Author: Megan C. Carrier

Alternative Dispute Resolution: Lessons from the Trenches: What Makes a Good Mediator

There are mediators who inspire confidence in us and our clients, and those who don’t. With the former, mediations that appear doomed can ultimately succeed. In those instances, one can sense a skilled and determined mediator at work, helping to move a recalcitrant client or opposing party. Read the full story here.       

Posted on Wednesday, October 21st, 2015 in Article, Author: David W. McGrath

Open Source Software: What You Don’t Know Could Hurt You

Open source (or so-called “free”) software has become a popular tool for software developers and technology companies that write software applications, because the source code is available at no charge and it saves the developer from having to write code from scratch or hire a third party to write it for a fee. Read the 

Posted on Thursday, October 8th, 2015 in Article, Author: Douglas G. Verge

NH Legal Perspective: Divorcing Fact from Fiction About Adultery in NH

The Ashley Madison security breach has led many to question whether they should allege adultery in their divorce. This article addresses some common questions concerning adultery and tries to debunk myths about adultery in New Hampshire. Read the full story here.  

Posted on Sunday, September 27th, 2015 in Article, Author: James F. Ogorchock

NH Legal Perspective: Employer’s Obligations Under Pregnancy/Maternity Laws

IN THE PAST year, the Equal Employment Opportunity Commission (“the EEOC”) issued an Enforcement Guidance about pregnancy discrimination and related issues, and this March, the U.S. Supreme Court issued a decision about the federal Pregnancy Discrimination Act (“the PDA”). What are some steps that an employer can and should take to make sure it is 

Posted on Saturday, August 29th, 2015 in Article, Author: Elizabeth Bailey

NH Legal Perspective: ADA – What’s Reasonable and to Whom?

THE AMERICANS with Disabilities Act (“ADA”) requires an employer to make certain job accommodations for disabled employees. Because the definition of “disability” was expanded several years ago when the ADA was amended, employers must accommodate more workers and may face increased requests for accommodation. As a result, there is more opportunity for employers and employees 

Posted on Thursday, August 20th, 2015 in Article, Author: Karen A. Whitley

Worker’s Compensation & Personal Injury: Beyond the Numbers: Controlling Workers Compensation Costs

When a business encounters a rise in workers compensation costs, the immediate response often focuses on loss control, reducing spending and overall insurance costs. However, given the continued annual rise in insurance premiums, and the fact that New Hampshire has been identified as one of the most expensive states for workers compensation coverage in the 

Posted on Wednesday, August 19th, 2015 in Article, Author: Lynn J. Preston

NH Legal Perspective: Benefits of a Well-Designed System for Record Retention and Production

THE RIGHT TIME to get your recordkeeping house in order is well before a subpoena, a visit from a state or federal inspector, or a discovery request in litigation. If you don’t start thinking until then about where your records are, how they are organized, who understands them, how and how much effort will be 

Posted on Saturday, August 1st, 2015 in Article, Author: Sean M. Gorman

New Hampshire Legislature Passes, Governor Signs New Securities Law

CLIENT ALERT By Michael J. Drooff The New Hampshire legislature passed and Governor Hassan signed into law on July 27, 2015 a new Uniform Securities Act which comprehensively reforms New Hampshire’s securities laws. The new Act goes into effect on January 1, 2016 and is intended to simplify and facilitate capital-raising by small- and medium-sized 

Posted on Saturday, August 1st, 2015 in , Author: Michael J. Drooff

NH Legal Perspective: Helpful Tips for Compliance with OSHA Requirements

WITH THE MANY changes in the modern workplace there is one constant, employers must protect employees from or correct known workplace safety hazards. The law has changed over the years to adapt to the evolving workplace, technologies and materials. This article is intended to help guide employers through the health and safety laws and regulations 

Posted on Saturday, July 18th, 2015 in Article, Author: Lynn J. Preston

Federal Practice & Bankruptcy: Mediation Use Grows in Bankruptcy Cases

As an effective tool to combat the associated costs and delay in litigation, mediation has gained momentum and popularity as an efficient method to resolve disputes in state and federal courts. This trend has been emerging in bankruptcy matters as well, where limited resources and time make mediation an attractive alternative dispute resolution mechanism. Read 

Posted on Wednesday, July 15th, 2015 in Article, Author: Christopher M. Candon

NH Legal Perspective: Governor Hassan Signs Law Allowing Hospital Patients to Designate Aftercare Giver

MANY SENIORS rely exclusively on family, friends and community members to provide care once they are discharged from a hospital. According to a recent study published by AARP, family caregivers in the United States provided an estimated $470 billion in unpaid services and care to their loved ones in 2013 — more than total Medicaid 

Posted on Tuesday, July 14th, 2015 in Article, Author: Jason D. Gregoire

NH Legal Perspective: Social Media and the Employee – From Hiring to Departure

EMPLOYEES CONTINUALLY encounter new ways that social media impacts their workplaces. Social media touches on the entire lifecycle of employment as employers more frequently turn to social media to advertise and fill positions, confront employees’ on-line postings, and contend with former employees’ use of social media. Even though the laws regarding social media in the 

Posted on Sunday, July 5th, 2015 in Article, Author: James P. Harris

Attorney General Issues Final Regulations under Massachusetts Earned Sick Time Law

CLIENT ALERT By Mark J. Ventola and David L. Hansen On June 19, 2015, Attorney General Maura Healey issued the final 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 

Posted on Wednesday, July 1st, 2015 in , Author: Mark J. Ventola

Sheehan Phinney Attorneys Win Significant Bankruptcy Case

(June 19, 2015, Boston, MA) – Sheehan Phinney attorneys Charles M. Waters and Christopher M. Candon won a significant dismissal of claims asserted by a Chapter 7 bankruptcy trustee alleged to be worth millions of dollars and brought against the firm’s clients in an effort to hold them responsible for the debtor’s liabilities based on 

Posted on Friday, June 19th, 2015 in Press Releases, Author: Charles M. Waters

What is a Farm? Zoning Laws Need Updating

A Henniker Christmas tree farmer has lost before the state Supreme Court in a case that could spell the end for some struggling New Hampshire farms. Citizens who don’t want to see more small farms turned into developments will need to act to prevent that. Read the full story here.  

Posted on Monday, June 15th, 2015 in Article, Author: Robert H. Miller

Seven Deadly Sins for Design Pros

Here are some of the most important issues commonly encountered by design professionals in basic owner-design professional agreements: Read the full story here.                

Posted on Friday, June 12th, 2015 in Article, Author: Peter S. Cowan

CEO on the Go: David McGrath

As the newly appointed leader of one of NH’s largest law firms, clients and employees alike look to David McGrath for help. When McGrath needs to resolve his own issues, he runs. Sometimes it’s 4 p.m. before working a few more hours. Other times it’s seven at night when he needs to ponder work problems 

Posted on Thursday, June 4th, 2015 in Article, Author: David W. McGrath

Attorney General Issues Final Regulations Under Massachusetts Earned Sick Time Law

CLIENT ALERT By: Mark Ventola and David Hansen On June 19, 2015, Attorney General Maura Healey issued the final 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 

Posted on Monday, June 1st, 2015 in Press Releases, Author: Mark J. Ventola

NH Legal Perspectives: When Does the Work Day End? It Depends

WHEN IT COMES to wages, employees and employers are often at odds. Employees generally want to be compensated for all the time they are required to be at work. Employers, on the other hand, generally want to compensate employees only for the time they actually spend working and benefiting the company. In a rare unanimous 

Posted on Saturday, May 23rd, 2015 in Article, Author: Brian J. Bouchard

Real Property Law: Environmental Risks in Real Estate Transactions

At every step along the way and for every party involved, contamination and even potential contamination can pose significant and expensive risks Environmental contamination can pose multi-faceted risk to those involved in real estate transactions. Exposure related to environmental factors can affect each phase of the transaction, including purchasing, financing, development and sale. Read the 

Posted on Wednesday, May 20th, 2015 in Article, Author: Lynn J. Preston

NH Legal Perspective: Key Consideration to Using Staffing Companies to Find Temp Workers

EMPLOYERS TURN to staffing companies to locate temporary workers with increasing frequency. Staffing companies generate savings for their employer/clients by locating temporary workers to fill employers’ needs. There are, however, several key components to the three-party relationship formed between the employer/client, the staffing agency and the temporary worker. Resolving these issues, usually by contract, is 

Posted on Sunday, May 10th, 2015 in Article, Author: James P. Harris

IRS Amnesty Program Available to Minimize Significant Taxes and Penalties from the Misclassification of Workers as Independent Contractors

CLIENT ALERT By Russell J. Stein Classifying a worker as an employee or an independent contractor is one of the first questions a company faces when establishing, retaining or increasing its workforce. The classification affects how the worker is taxed as well as the worker’s rights under various benefit plans, unemployment insurance policies, workers’ compensation 

Posted on Wednesday, April 22nd, 2015 in , Author: Russell J. Stein

Marijuana Legalization Clashes with Drug Testing in the Workplace

James Reidy featured in The Guardian article. At a Society for Human Resource Management conference in Washington DC last month, a session on drug testing in the workplace was so heavily attended that organizers had to switch rooms to accommodate the audience. Even then, it was standing room only. And the hour set aside for the talk 

Posted on Sunday, April 19th, 2015 in Article, Author: James P. Reidy

Land Use Regulation, Codes and Business Planning

Assume for a moment that your highly successful business needs to expand. Whether looking for land on which to build, expanding up or out from your existing space, or renovating within your current four walls, attention to various documents and laws that affect your property at the outset will avoid expensive mistakes later on. Read 

Posted on Friday, April 17th, 2015 in Article, Author: Anna Barbara Hantz

Employee Verification Roulette, By the Rules

In recent months, immigration has reemerged as a hotly-contested political issue. Although the ultimate resolution is difficult to predict, the potential for millions of undocumented immigrants to obtain deferred action or other temporary employment benefits will undoubtedly create challenges for employers. Read the full story here.

Posted on Friday, April 17th, 2015 in Article, Author: Nathan P. Warecki

NH Legal Perspective: Guide to Bankruptcy Preference Payments and Creditor’s Defenses

MOST BUSINESSES will, at one time or another, open the mail to find a demand letter or worse, a lawsuit, demanding that the business return money to a bankruptcy estate because the business received a “preference” or a “preferential transfer” from a bankrupt debtor. Read the full story here.            

Posted on Thursday, April 2nd, 2015 in Article, Author: James S. LaMontagne

Sheehan Phinney Named 2015 “Best of Business”

(March 16, 2015, Manchester, NH) – The law firm of Sheehan Phinney Bass & Green PA was selected as a winner in New Hampshire Business Review’s 2015 BOB Awards, which honor the “Best of Business” in New Hampshire in over 90 categories. Sheehan Phinney was honored in a statewide reader’s survey with awards for Bankruptcy Law. 

Posted on Sunday, March 29th, 2015 in Press Releases, Author: James S. LaMontagne

The Newest Arrow in the Health Care Collection Quiver?: New Hampshire Legislature Introduces Bill to Allow Special Conservatorships for Medicaid

Over the past several years, New Hampshire health care facilities have lobbied the New Hampshire Legislature to pass measures to help solve the chronic problem of patients or residents who linger in facilities with no means of paying their bill. These people often have sufficient assets or an appointed financial agent upon admission, but when 

Posted on Monday, March 23rd, 2015 in Article, Author: Jason D. Gregoire

Ventola Prevails in Independent Medical Examination Case

(March 23, 2015, Boston, MA) – Sheehan Phinney Bass + Green shareholder Mark J. Ventola prevailed before the Massachusetts Supreme Judicial Court in favor of the firm’s client, Examworks. The SJC weighed in on the state’s personal injury protection statute, addressing, independent medical examinations (IMEs) required of parties injured in auto accidents.

Posted on Monday, March 23rd, 2015 in , Author: Mark J. Ventola

SJC Ruling on PIP Statute Provides Needed Clarity

This article originally appeared in the March 19, 2015 issue of Massachusetts Lawyers Weekly. To see the online version of the article, click here. *** The Supreme Judicial Court has once again weighed in on the state’s personal injury protection statute, this time addressing independent medical examinations, or IMEs, required of parties injured in auto 

Posted on Thursday, March 19th, 2015 in Article, Author: Mark J. Ventola

Sheehan Phinney Attorneys Prevail in Adverse Possession Case

(March 9, 2015, Manchester, NH) – Sheehan Phinney Bass + Green PA attorneys Michael C. Harvell and Megan C. Carrier recently prevailed in a ‘prescriptive easement’ case, before both the New Hampshire Superior Court and the New Hampshire Supreme Court.

Posted on Monday, March 9th, 2015 in , Author: Michael C. Harvell

Family Enterprises: How to Build Growth, Family Control and Family Harmony

Sheehan Phinney Bass + Green PA shareholder Janet B. Fierman was a contributor in the book Family Enterprises: How to Build Growth, Family Control and Family Harmony. Her chapter focuses on the challenges presented when a family business owns real estate. Purchase Family Enterprises on Amazon here.            

Posted on Saturday, February 28th, 2015 in Article, Author: Janet B. Fierman

DES Weighs Changes to Contaminated Site Rules

New Hampshire Department of Environmental Service regulations governing the investigation, long-term cleanup and management of contaminated sites were set to expire on Feb. 1. And while the existing rules remain in effect during the rulemaking process, the agency is proposing to amend various sections of its contaminated site management regulations before readoption. Read the full 

Posted on Thursday, February 19th, 2015 in Article, Author: Robert R. Lucic

Dividends: It’s the Least Tax-Efficient Way to Withdraw Money from a Corporation

THE LIMITIED liability company and S corporation are generally regarded as the entities of choice for closely-held businesses, in large part because the owners can access company cash tax-efficiently. However, for a variety of good non-tax reasons many businesses still operate as corporations without electing to be treated as an S corporation. These so-called C 

Posted on Saturday, February 7th, 2015 in Article, Author: Peter T. Beach

Winter Weather and New Hampshire Wage Laws

There is an expression that if you don’t like New England weather, just wait a minute – it will change. We have all experienced the challenges of getting to or from work in bad weather, especially during winter months. One of the biggest challenges for employers during these dark and cold months is determining if 

Posted on Friday, January 23rd, 2015 in Article, Author: James P. Reidy

Sheehan Phinney Assists in Sale of NetProspex

(January 14, 2015, Boston, MA) – Sheehan Phinney Bass + Green PA successfully represented its client, NetProspex Inc., in its sale to Dun & Bradstreet. The $125 million cash transaction closed on January 5, 2014. The Sheehan Phinney attorneys assisting in the transaction were Alexander H. Pyle, Colleen Lyons, Michael J. Drooff, Peter T. Beach and Russell J. Stein

Posted on Wednesday, January 14th, 2015 in , Author: Peter T. Beach