Good Company Summer 2014 e-Newsletter

Featured Articles
Health Care Drug-Free Workplace Law Scheduled to Take Effect in New Hampshire on August 25, 2014
Urgent Client Advisory
by Jason D. Gregoire and James P. Reidy

Attorney Jason D. Gregoire In the wake of several national news stories concerning health care workers diverting and abusing controlled substances, the New Hampshire Legislature has enacted a statute that requires all health care facilities and providers, licensed under RSA 151 (except laboratories and collection stations) to adopt a written drug-free workplace policy by August 25, 2014. [Contact Authors]

Legal and Legislative Update - Some Relief from Confusing Non-Compete and Non-Piracy Law
Employers Must Still Provide Copies in Advance to Applicants as New Job Offers are Extended
by James P. Reidy

Attorney James P. Reidy In late May of 2012, Governor Lynch signed into law HB 1270, an act requiring New Hampshire employers to provide a copy of any "non-compete and non-piracy agreements" to applicants and certain employees prior to the actual job offer and allowing the applicants time to review and consider the restrictive covenants before accepting the job. That law, RSA 275:70, had several problems because it didn’t define its terms or deal with the impact on existing agreements. In this legislative session a bill was passed to correct many of the flaws in that law. While the bill was helpful some argue it didn’t go far enough. [Contact Author]

Owner's Title Insurance in Residential Transactions
Union Leader's New Hampshire Legal Perspective
by Kenneth A. Viscarello

Attorney Kenneth A. Viscarello Buying a home is possibly the largest financial investment a person or family will make in a lifetime. More importantly, buying a home is an emotional investment that involves putting down roots and making memories. If you're fortunate enough to be in the position to purchase a home, at some point in the process someone will ask you if you want to purchase "owner's title insurance." [Contact Author]
[FULL STORY - June 3, 2014 issue of New Hampshire Union Leader]

Update on Health Care Decision Making
New Law Fills Gap
by Katherine M. Hanna

Attorney Katherine M. Hanna For almost 25 years, New Hampshire law has afforded competent adults the right to execute a Durable Power of Attorney for Health Care document (also known as a "DPOAHC" or an "Advance Directive"). For some reason, though, only one-third of New Hampshire's citizens take advantage of this opportunity. This month Governor Hassan signed into law House Bill 1434. The new law addresses the dilemma faced by the two-thirds of New Hampshire adults who for some reason or another have not signed DPOAHC's. [Contact Author]

Administering Retirement Plans in a Post-Windsor World
by Nathan P. Warecki

Attorney Nathan P. Warecki The United States Supreme Court’s ruling in the case of United States v. Windsor last summer ended the exclusion of same-sex spouses from the definition of “marriage” under federal law. That case, and the constantly changing makeup of same-sex marriage laws in the states, raised many questions concerning the operation of ERISA-qualified retirement plans. Thankfully, recent guidance from the federal regulators provides answers which will assist employer sponsors in properly administering their plans and avoiding disqualification for federal tax purposes. [Contact Author]

EPA v. EME Home City Generation
How EPA Is Fighting Immigration . . .of Air Pollution
by Robert R. Lucic and Brian J. Bouchard

Attorney Robert R. Lucic In years past, EPA has opposed using cost based methods to enforce the Clean Air Act. Recently, however, EPA changed course. To better regulate the Good Neighbor Provision of the Clean Air Act, it implemented an elaborate cost based system to measure when an upwind state’s air pollution “contributes significantly” to a downwind state’s nonattainment of national ambient air quality standards. Though challenged by a multitude of states and industries leaders, the U.S. Supreme Court upheld EPA’s cost based approach in a 6-2 decision. This article discusses the seminal case, EPA v. EME Homer City Generation, L.P., and its impact on future EPA enforcement methods. [Contact Authors]

Massachusetts Tax Amnesty Program
by Russell J. Stein

Attorney Russell J. Stein Massachusetts is on track to implement a limited tax amnesty program during the upcoming July 2014 through June 2015 fiscal year. Under the proposed program, businesses owing certain back taxes such as sales and use taxes, meals taxes, withholding taxes, and room occupancy taxes may be eligible to pay those taxes without being subject to any penalties. Not all taxes, however, are eligible for the tax amnesty program. Most notably, income taxes and income tax returns are not currently included in the list of eligible taxes. [Contact Author]

Attorney Spotlight
Attorney Spotlight: Jon Liland
Private Companies and Professional Practices Group Chair
by Jon S. Liland

Attorney Jon S. Liland In each Good Company issue, we feature an interview with one of our many talented attorneys. These interviews are intended to go beyond the biography page on our website and provide interesting insights about members of our firm. This issue's spotlight shines on Jon Liland from our Hanover office. Jon has a broad commercial practice that draws upon his experience in corporate financing, mergers and acquisitions, intellectual property, and securities.  [Contact Author]

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