Currently, New Hampshire law does not expressly authorize fiduciaries to manage a person’s digital assets as they can with the person’s other, tangible, personal property. Recognizing this need, an effort …
New Hampshire’s healthcare system is composed of a variety of organizations ranging from large tertiary hospitals, to small free-standing surgery centers to community health clinics. Among these, “critical access hospitals” …
This article was originally published in the ACOEL and can be found here. By: Tom Burack | March 6. 2019 In a February 13 blog, I focused on the substantial role …
It is common today to include in a discussion about choice of entity the possibility of forming an LLC (Limited Liability Company) that elects to be taxed as an S corporation. The …
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: What to Expect in Civil Litigation By: Courtney Herz February 16, 2019 We …
Jim Reidy | February 12, 2019 Now, laughing friends deride, Tears I cannot hide. Oh-oh-oh-oh, so I smile and say, “When a lovely flame dies, Smoke gets in your eyes.” …
The U.S. Supreme Court continued to shape the contours of the Federal Arbitration Act in two decisions last month. First, in Henry Schein Inc. v. Archer & White Sales Inc., the court, …
In federal criminal cases, the Government’s discovery obligations are generally dictated by the Jenks Act, the Federal Rules of Criminal Procedure 16 and 26.2 (to include LCrR 16.1), and the …
It’s a safe bet that in the coming year reforms will be made to two central laws governing physician compensation – the Stark Law and the Anti-Kickback statute. Whether through …
Most CFOs, CEOs, and in-house GCs would confirm that one major area of concern in controlling corporate expense is cost associated with maintaining an intellectual property (IP) portfolio. A significant …
In 2018, more so than in other years, white-collar criminal investigations and prosecutions have occupied our country’s attention and received widespread national media coverage, partly because of the Mueller investigation …
Title IX coordinators have been on a bit of a roller coaster for some time now, and unfortunately, the ride isn’t over yet. Attorney Megan Carrier discusses recent changes by …
It’s Monday morning and you are starting your busy week as a human resources (HR) director. An employee comes into your office, closes the door, and tells you she feels …
Sheehan Phinney attorney Michael Panebianco explains that how having a thoughtful estate plan in place ensures that your assets are managed and distributed according to your wishes and can reduce, or …
This article was originally published in the New Hampshire Business Review and can be found here. By: Tom Burack | August 29, 2018 Or imagine this: You’re a residential landlord, …
Are LLC Operating Agreements Executory Contracts? Attorney Chris Candon discusses this question and the potential impact of the determination in a bankruptcy case. Read more here.
Attorney Jim Reidy discusses how drug-testing policies, especially for marijuana use, are no longer in step with the realities of today’s workforce. Are Employer Drug-Testing Programs Obsolete?
Many commercial, industrial and municipal buildings in New Hampshire, as well as 45 percent of homes, are heated with fuel oil. Thanks to some recent law changes, the good news …
Sheehan Phinney attorney Michael Panebianco explains that contrary to popular thought, estate planning is not just for those who may have to pay a federal or state estate tax. There are many …
March 13, 2018 WASHINGTON, D.C. — The Society for Human Resource Management (SHRM) holds a panel on state and national drug law each year at its employment law and legislative conference, …
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 …
In today’s marketplace, online endorsements are valuable tools to convince consumers to purchase products or services. Like everything on the internet, however, it can be difficult to discern whether the …
Imagine that your company has been sued. You know that your company did nothing wrong, and you can prove it. You’ve explained this to the plaintiff, but are unable to …
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 …
When one student accuses another of sexual assault, what must a school do to ensure that the subsequent investigation is fair to both sides and compliant with the law? Read the …
Unfortunately, employment-related litigation has become a cost of doing business. Here are ten best practices that will help an employer operate its business, avoid litigation, or put itself in a …
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 …
Most people loathe the annual ritual of filing a tax return. Compounding that unpleasantness, a number of filers attempting to file a tax return only are notified by the Internal …
The Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) (collectively, HIPAA) obligate nearly all healthcare providers to protect the …
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 …
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 …
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, …
This article was originally published in the Union Leader and can be found here. By: Bobbie Hantz | March 5, 2017 About a year ago, I wrote an article about …
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 …
By: Karen Stevens 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 …
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, …
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 …
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 …
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 …
Most businesses will, at one time or another, open their mail to find a demand letter or worse, a lawsuit, demanding that the business return money to a bankruptcy estate …
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 …
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 …
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 …
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) issued a helpful resource document about employer-provided leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Read the full …
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, …
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 …
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 …
On May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA), a rare moment of bipartisan action by the House (by a vote …
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 …
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 …
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 …
WHEN I WAS 17, I took a summer job for a company in northern New Hampshire (for anonymity’s sake, let’s call this company “Smith & Jones”). After my first day …
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. …
In the current Massachusetts legislative session, a number of bills are pending that have the potential to increase employee protections and, in turn, impose further burdens on employers. Read the …
This article was originally published by the New Hampshire Union Leader and can be found here. By: Dave McGrath April 24, 2016 updated March 14, 2020 Employees and employers frequently …
IN MARCH 2014 President Obama directed the secretary of the U.S. Department of Labor (USDOL) to update overtime exemptions under federal law by raising the salary threshold and revisiting duties …
THEY SAY the devil is in the details, beware of the fine print. Well, in commercial leases, one needs to be aware of what is not in the fine print, …
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 …
Now is an excellent time to review nonqualified deferred compensation arrangements with business clients, before the Internal Revenue Service shows up to audit them. Read the full story here.
LAST OCT. 30, the Securities and Exchange Commission adopted long-awaited final rules that implement the equity crowdfunding provisions of the Jumpstart Our Business Startups Act of 2012, the JOBS Act. …