(6/24/2020, Manchester, NH) – Sheehan Phinney attorney Chloe F.P. Golden has been accepted to the Leadership Greater Manchester Class of 2021. Leadership Greater Manchester is a program designed to recognize …
News
Governor Sununu Extends Long Term Care Stabilization Program to July 31, 2020 – Original End Date of June 30 Recognized as Too Early
CLIENT ALERT By: Andrew Eills June 26, 2020 Frontline nurses, other staff, and their employers in New Hampshire’s nursing homes and other Medicaid facilities can breathe a little easier this …
Reidy Elected as College of Labor and Employment Lawyers Fellow
(6/25/2020, Manchester, NH) – Sheehan Phinney shareholder James P. “Jim” Reidy has been elected as a Fellow of the American Bar Association’s College of Labor and Employment Lawyers class of …
A Cautionary Tale: Too Much Control Over Your Contractor Could Lead to Liability
CLIENT ALERT By: John Perten June 24, 2020 A homeowner hires a general contactor to renovate her home. One of the general contractor’s employees, a carpenter, manages to cut off …
Safely Restarting Your Business: The Reopen Boston Fund
CLIENT ALERT By: Deniz Harrison June 19, 2020 Many local Boston businesses are feeling the impact of COVID-19 on their bottom line. While the Commonwealth of Massachusetts and the …
COVID-19 Impacts on Opportunity Zone Investment Requirements
CLIENT ALERT By: Peter Beach June 17, 2020 The 2017 tax law created capital gains tax breaks for investors who invest profits from stocks, bonds, and other assets into funds …
2018 Net Operating Loss Carryback Filing Deadline – June 30, 2020
CLIENT ALERT By: Peter Beach June 17, 2020 As discussed in a previous Alert, the CARES Act provides for a carryback of any Net Operating Loss (“NOL”) arising in a …
Forgiveness of PPP Loans May Be Taxable in NH and MA
CLIENT ALERT By: Peter Beach June 17, 2020 Borrowers who obtained funds under the CARES Act’s Paycheck Protection Program (the “PPP”) generally anticipated that the portion of a PPP loan …
Sheehan Phinney Expands Affordable Housing Group
(6/15/2020, Manchester, NH) – Sheehan Phinney welcomes Jaclyn N. Fisher to its Real Estate Group, where she will work primarily in Affordable Housing and Low-Income Housing Tax Credits. Fisher joins …
Secretary Of State’s Select Committee On 2020 Emergency Election Support Issues Report
CLIENT ALERT By: Bradford E. Cook and Katherine M. Hanna June 10, 2020 On April 27, Secretary of State Bill Gardner appointed a 6-person Select Committee on 2020 Emergency Election …
New Hampshire Main Street Relief Fund – Final Grant Submission Due by June 12, 2020
CLIENT ALERT By: Paul Durham June 9, 2020 On June 5, 2020, the Governor’s Office for Emergency Relief and Recovery (“GOFERR”) (www.goferr.nh.gov) and the New Hampshire Department of Revenue Administration …
Paycheck Protection Program Flexibility Act Becomes Law
CLIENT ALERT By: Paul Reuland and Colleen Lyons June 5, 2020 On Friday, June 5, 2020, the President signed into law the Paycheck Protection Program Flexibility Act of 2020 (H.R. …
Overview of May PPP Loan Forgiveness Regulations
CLIENT ALERT By: Colleen Lyons June 5, 2020 As contemplated when the Paycheck Protection Loan Forgiveness Application was released in the middle of May, the Small Business Administration (“SBA”) released …
Unreasonable Delay in Executing Settlement Agreement May Constitute a Material Breach
CLIENT ALERT By: John Perten June 5, 2020 How long can you delay in signing a contract before the agreement it memorializes is stale and unenforceable? In Dalrymple v. Town …
Sheehan Phinney Wins Summary Judgment of Invalidity: Asserted Patent Claims an Abstract Idea Known for Thousands of Years
June 4, 2020, Boston, MA – For over five years, Palomar Technologies, Inc. (“Palomar”) has been asserting what has now been confirmed to be an invalid patent before the U.S. …
Sheehan Phinney Wins First Ever Patent Litigation IPR Estoppel Bench Trial
The following article regarding Palomar Technologies, Inc. v. MRSI Systems, LLC appeared in the June 2, 2020 issue of Massachusetts Lawyers Weekly. Read the full article below. Judge: patent defense …
NH Child Care Recovery and Stabilization Program Deadlines Established: Prequalification Deadline is June 3, 2020 and Application Deadline is June 11, 2020
CLIENT ALERT By: Chris Candon May 29, 2020 Along with the establishment of several other funds (e.g., Main Street Fund, Nonprofit Fund, Healthcare Fund and Agriculture Grants), the Governor’s Office …
New Hampshire COVID-19 Relief Grants Agriculture Grant Program
CLIENT ALERT By: Mark W. Dell’Orfano May 28, 2020 The New Hampshire Governor’s Office for Emergency Relief and Recovery recently announced the allocation of $10 million in emergency funding from …
Sheehan Phinney’s Intellectual Property Group Recognized by Managing Intellectual Property for 2020
(May 28, 2020, Manchester, NH) – Sheehan Phinney is proud to announce it has once again been honored by Managing Intellectual Property Magazine as the 2020 Intellectual Property, Tier 1, Highly …
N.H. Attorney General Concludes Employers Will Not Be Liable to Employees for Workers’ Compensation Benefits If Employers Follow Published Guidelines
CLIENT ALERT By: J.P. Harris May 26, 2020 The Governor’s Economic Re-Opening Task Force asked the Attorney General to examine an employer’s liability to an employee who contracts COVID-19 on …
New Hampshire Nonprofit Emergency Relief and Recovery Fund Announced
CLIENT ALERT By: Madeline Hutchings May 22, 2020 On May 15, 2020, Governor Chris Sununu announced an array of new funding commitments for industries affected by the COVID-19 outbreak. Sixty …
COVID-19 Emergency Healthcare System Relief Fund
CLIENT ALERT By: Andrew Eills May 20, 2020 Governor’s Emergency order # 44 increases total EHSRF to $100 million On March 19, 2020, Governor Sununu issued Emergency Order #9, creating …
New Hampshire Main Street Relief Fund – Important May 29, 2020 Prequalification Deadline For Eligible Businesses
CLIENT ALERT By: Paul Durham May 20, 2020 New Hampshire Governor Chris Sununu recently announced the allocation of $595 million in CARES Act funding to several programs intended to provide …
Application for PPP Loan Forgiveness Released
CLIENT ALERT By: Colleen Lyons May 18, 2020 On Friday, May 15th, the United States Small Business Administration (“SBA”) and the Treasury Department released an initial draft of SBA Form …
Will Your Commercial General Liability Insurance Policy Cover COVID-19 Claims?
CLIENT ALERT By J.P. Harris and Michael Lambert May 15, 2020 As the economy reopens and patrons return to shop at retail stores, go to hair salons and enjoy meals …
Reopening the Workforce: Unemployment Issues Abound
CLIENT ALERT By: Brian J. Bouchard May 15, 2020 Businesses in New Hampshire are starting to reopen and employers are starting to call back furloughed or temporarily laid off employees. …
District Court Blocks Attempt to Bar New Prior Art References Based on IPR Estoppel
The U.S. District Court for the District of Massachusetts on May 4 denied a motion for partial summary judgment by Palomar Technologies, Inc., holding that the estoppel bar relating to inter …
PPP Safe Harbor Deadline for Return of Funds Extended to May 18
CLIENT ALERT By: Christopher Candon May 14, 2020 The PPP safe harbor deadline has been the subject of posts in recent days: Treasury Department and SBA Issues Further Guidance in …
Viscarello Speaks to NH Governor’s Panel on Behalf of Distressed Housing Industry
On May 8, 2020 Shareholder Kenneth Viscarello testified in front of the New Hampshire Governor’s Office for Emergency Relief and Recovery (GOFERR) Stakeholder Advisory Board. This New Hampshire group will …
Treasury Department and SBA Issues Further Guidance in Advance of Safe Harbor Deadline
CLIENT ALERT By: Christopher Candon May 13, 2020 This alert provides an update and additional information related to the recent post: PPP Safe Harbor for Return of Funds Set to …
Patent Litigation Team Succeeds in First Ever IPR Estoppel Bench Trial
(5/12/2020, Boston, MA) – Sheehan Phinney Bass & Green PA patent litigation attorneys won a first-ever bench trial on whether estoppel based on prior art from an earlier inter partes review …
PPP Safe Harbor for Return of Funds Set to Expire on May 14
CLIENT ALERT By: Christopher Candon May 12, 2020 The Paycheck Protection Program (“PPP”) is one of the most significant programs for businesses under the Coronavirus Aid, Relief, and Economic Security, …
Felton Inc. Makes PPE Face Masks for Essential Workers and First Responders
Kudos to our client and local business, Felton Inc., for quickly expanding its business model in light of the current health crisis. Felton has invested and redeployed some of its …
Your Estate Plan During COVID-19: Essentials, Updates, and Opportunities
CLIENT ALERT By: Madeline Hutchings May 4, 2020 Amid the COVID-19 event, a common instinct is to put planning on the shelf until life “returns to normal.” And changing landscapes …
TEPHA Medical Devices Delivers PPE Masks to Local Hospitals
Kudos to our client and local business, TEPHA Medical Devices. TEPHA employees have volunteered their time making PPE face masks in their prototype lab, all of which are donated to …
Remote Notarization: Massachusetts Temporarily Permits Remote Notarial Acts During The COVID-19 Emergency
CLIENT ALERT By: Michael Stanley May 1, 2020 On April 28, 2020, Governor Baker signed, “An Act Providing for Virtual Notarization to Address Challenges Related to COVID-19” (“Act”). As an …
Update: CMS Suspends Advance Payment Program and Reevaluates Accelerated Payment Program
CLIENT ALERT By Andrew Eills April 27, 2020 If nothing else, the COVID-19 pandemic proves that change in policy is constant and rapid. On March 28, 2020 – just a …
Enforcing the CARES Act: Court Rules That CARES Contains No Private Right of Action, But are Other Remedies Available?
CLIENT ALERT By: Michael Stanley April 27, 2020 The Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116–136 (“CARES”), and in particular the Paycheck Protection Program (“PPP”) has been viewed …
Attorney General Issues Opinion on Immunity for Health Care Workers
CLIENT ALERT By: Katherine Hanna April 24, 2020 New Hampshire health care facilities and their employees and volunteers who are braving the front lines to respond to the COVID-19 crisis …
Sheehan Phinney Earns Top Ranking for 2020 by Chambers USA
(4/23/2020, Manchester, NH) – Sheehan Phinney Bass & Green has once again received the highest rankings in New Hampshire for 2020 by Chambers USA, a prestigious directory of the country’s top …
Massachusetts Places a Moratorium on Evictions and Residential Foreclosures
CLIENT ALERT By: Michael Stanley April 22, 2020 On April 20, 2020, Governor Baker signed House Bill 4647, “An Act Providing for a Moratorium on Evictions and Foreclosures during the …
CARES Act Overhauls Federal Law Governing Privacy of Substance Use Disorder Treatment Information
CLIENT ALERT By: Jason Gregoire April 21, 2020 In 1975, Congress enacted a law (42 U.S.C. § 290-dd2) and corresponding regulations (42 C.F.R. Part 2) to protect the confidentiality of …
Bedford Collections Makes Face Masks During Health Crisis
Kudos to our client and local business, Bedford Collections for quickly changing its business model in light of the current health crisis. Bedford Collections (manufacturer of throws and pillows) is …
NH Legal Perspective: A Primer on PPP Loan Forgiveness, Forbearance Agreements and Small Business Bankruptcy
This article was originally published in the Union Leader and can be found here. NH Legal Perspective: A Primer on PPP Loan Forgiveness, Forbearance Agreements and Small Business Bankruptcy By: …
“Alternative Care Settings” – Governor Sununu Orders In-Network Payments Rates for Procedures Conducted at Out-of-Network Sites
CLIENT ALERT By: Andrew Eills April 19, 2020 In order to be paid for acute care procedures at negotiated rates, a contract between a health insurer and a hospital requires …
Main Street Loan Programs-Relief for Businesses with up to 10,000 Employees or up to $2.5 Billion in 2019 Annual Revenues
CLIENT ALERT By: Margaret Probish April 19, 2020 On April 9, 2020 the Federal Reserve announced two so-called “Main Street” loan programs to address the economic impact of COVID-19 on …
CARES Act Amends Bankruptcy Code To Allow More Small Businesses To Take Advantage Of New Streamlined Chapter 11 Process
CLIENT ALERT By: James LaMontagne April 19, 2020 Chapter 11 of the Bankruptcy Code allows struggling businesses to reorganize while retaining control of their assets and operations. It provides invaluable …
Use of PPP Loan Proceeds and Forgiveness
CLIENT ALERT By: Colleen Lyons April 19, 2020 Businesses whose Paycheck Protection Program (“PPP”) loan applications were approved by the United States Small Business Administration (“SBA”) as part of the …
This is a Perfect Time to Review Estate Planning and to Know How the CARES Act Affects Retirement Plan Distributions
CLIENT ALERT By: Bradford E. Cook April 17, 2020 If you are like me, working from home has resulted in early garden clean-up, tidying up the garage and putting things …
SBA Issues PPP Loan Guidance for Self-Employed Individuals
CLIENT ALERT By: Colleen Lyons April 16, 2020 On April 14, 2020, the U.S. Small Business Administration (“SBA”) issued an interim final rule (“IFR”) providing guidance for individuals with self-employment …
New Emergency Order – New Hampshire Agencies Temporarily Extend Some Compliance Deadlines and Requirements, Starting with Environmental Programs
CLIENT ALERT By: Tom Burack, Lynn Preston and Robert Cheney April 10, 2020 April 15 Deadline for Filing Annual Air Emission Reports Extended to May 15! Temporary relief from some …
When Business Resumes, What Responsibilities Will Companies Have to Prevent the Spread of COVID-19?
CLIENT ALERT By: J.P. Harris April 10, 2020 For the last several weeks, most businesses have closed voluntarily or were closed as a result of an executive order. Although social …
Beware of the Courts Bearing Gifts: Is the Supreme Judicial Court’s Order Tolling Statutory Deadlines Constitutional?
CLIENT ALERT By: Michael Lambert and Michael Stanley April 10, 2020 On April 6, 2020, the Massachusetts Supreme Judicial Court’s (“SJC”) Order Regarding Court Operations Under the Exigent Circumstances Created …
The Importance of Being Proactive for Tenants, Landlords and Lenders
CLIENT ALERT By: Bruce Bagdasarian April 10, 2020 The Coronavirus pandemic has caused widespread hemorrhaging in the real estate industry. While the retail and hospitality sectors have taken the brunt …
CMS Issues Waivers of Sanctions under the Stark Law During COVID-19 Emergency: Examples and Guidance
CLIENT ALERT By: Andrew B. Eills April 9, 2020 Last week, the Centers for Medicare and Medicaid Services (CMS) issued blanket waivers of sanctions under the federal physician self-referral law[1], …
Cares Act Protections for Borrowers and Tenants
CLIENT ALERT By: Joel G. Kinney April 6, 2020 The Coronavirus Aid, Relief and Economic Security Act, or CARES Act, was signed into law on March 27, 2020 and includes …
The New FFCRA Regulations: Helpful Clarifications, a Few Surprising Answers
CLIENT ALERT By Karen A. Whitley April 6, 2020 On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA), establishing two forms of paid leave for …
SBA Issues Interim Final Rules and Final Form of Application for Paycheck Protection Program
CLIENT ALERT By: Colleen Lyons April 3, 2020 Yesterday afternoon, the US Small Business Administration (“SBA”) issued Interim Final Rules regarding the Paycheck Protection Program. These proposed rules contain some …
CARES Act Provides Benefits to Nonprofit Organizations
CLIENT ALERT By: Alexander Pyle April 2, 2020 The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which was enacted on March 27, 2020, includes a number of …
Commercial Loan Defaults Resulting from the COVID-19 Pandemic-Work it Out
CLIENT ALERT By: Margaret Probish April 2, 2020 On March 22, 2020 the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the National Credit …