Unsolicited Facsimile Advertisements: Are Your Faxes Unlawful?
by Peter W. Leberman and Brian D. Thomas
If you send unsolicited faxes to your customers regarding new products or services, you do not need written consent from your customer as the FCC would have required, but your fax cover must comply with the “opt-out” requirements of a new law. [Contact Authors]
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Meeting EU Privacy Requirements For Trans-Atlantic Online Transactions: Safe Harbor Certification
by Maria E. Recalde
The European Commission’s Directive on Data Protection prohibits the transfer of personal data to non-European Union nations that do not meet the European “adequacy” standard for privacy protection. Because the U.S. and the EU take different approaches to privacy, the EU Directive could significantly hampered the ability of U.S. companies to engage in many trans-Atlantic transactions. In order to bridge these different privacy approaches and provide a means for U.S. companies to comply with the EU Directive, the U.S. Department of Commerce in consultation with the European Commission developed a “safe harbor” program in which U.S. companies can participate on a voluntary basis and thereby create the presumption that they provide “adequate” privacy protection, as defined by the EU, to receive personal information from the EU. [Contact Author]
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New Hampshire Adopts The Interstate Nurse Licensure Compact
by Matthew J. Lapointe
The creation of multi-state health care delivery systems and the increasing use of nurses for telephone triage and other “tele-nursing” functions crossing state lines have demonstrated the limitations of the current state-by-state nurse licensure system. The Nurse Licensure Compact is designed to reduce duplicative licensure requirements, enhance information sharing among the state nursing boards, and establish mechanisms for disciplinary actions in connection with interstate nursing. [Contact Author]
[FULL STORY]
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Venture Capital Financing
by Michael J. Drooff
Once an emerging business has developed and commenced marketing a product, and if that product has the potential to achieve rapid growth in revenues and profits, managers will often seek a professional venture capital investment in order to fuel that growth. Venture capital funds are typically organized to infuse substantial amounts of capital into an emerging business with exciting growth prospects, to help manage that growth, and to position the business for an initial public offering or a sale at an advantageous value. But while a typical venture capital investment can benefit many types of emerging businesses, it may or may not be right for any particular business. [Contact Author]
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"Deemed Exports" - Where What Meets The Eye Is An Export
by Robert P. Cheney
In today’s global marketplace, business owners must remain vigilant or they could easily run afoul of US export rules. For instance, a training class, the use of a software manual, or the hiring a foreign national, under a recognized visa program, to work on certain protected matters could be deemed to be a violation of U.S. export licensing rules. That’s because when controlled technologies are communicated to a foreign national, even if that communication happens here in the United States, that transaction could be considered a “deemed export” and in violation of export controls. Here are things employers should know to avoid problems in this area. [Contact Author]
[FULL STORY]
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Sheehan Phinney Continues to Move Forward
Attorney Joseph A. DiBrigida has been elected President and Managing Director of the firm. DiBrigida, who is currently the Chairman of the Firm’s Corporate Department, will assume his new role on January 1, 2006. He will succeed attorney William J. Donovan, whose accomplishments as Managing Director include the expansion of the firm to Boston and New Hampshire’s Upper Valley region as well as the addition of the SPB+G Capitol Group.
Attorney Kenneth A. Viscarello has been appointed to succeed DiBrigida as Corporate Chair. In his new capacity, Viscarello will oversee the firm’s 35 corporate attorneys and the continued growth of the firm as a preeminent regional business law firm.
Attorney Peter Nieves has joined the firm in the Intellectual Property and Technology Group. With several years of experience in the area of patent law, Nieves is a valuable addition to the firm’s well-established and growing Intellectual Property and Technology Group. He brings a wealth of experience, including the preparation and prosecution of patents, trademark protection, licensing, and disputes concerning patents, trademarks, copyrights and domain names. He is also an adjunct professor at the Franklin Pierce Law School, one of the top Patent and Intellectual Property law schools in the U.S. He is licensed to practice in Georgia and before the U.S. Patent and Trademark Office.
Sheehan is also proud to welcome Courtney H.G. Herz and Ann E. Nolan to the firm as Associates. As a member of the firm’s Litigation Group, Herz will focus on business litigation and environmental litigation. Nolan, who comes to the firm from a corporate practice with a prominent New York law firm, is a member of the firm’s Corporate Practice Group and will focus her practice in the areas of mergers and acquisitions and corporate finance.
Fourteen Sheehan Phinney Attorneys Named Top in State
In two recent publications Sheehan Phinney was again recognized as one of the top business law firms in the region as fourteen of the firm’s attorneys were recognized by their peers as being among the best attorneys in New Hampshire. In fact, these attorneys were also given the distinction of “ Best Lawyers in America” in their respective practice areas.
Sheehan Phinney lawyers who received this award include: W. Michael Dunn in Alternative Dispute Resolution; Bruce A. Harwood in Bankruptcy Law; Michael C. Harvell and James Q. Shirley in Commercial Litigation; Robert E. Dastin and Alan L. Reische in Corporate Law; Alan P. Cleveland in Employee Benefits Law; Robert P. Cheney and John E. Peltonen in Environmental Law; William J. Donovan in Health Care Law; James P. Reidy in Labor and Employment Law; Susan A. Manchester in Real Estate Law; and James T. Cain and Bradford E. Cook in Estate Planning.
Every two years, the polling firm Woodward-White performs a wide-ranging search for the nation’s top attorneys and publishes their findings in the comprehensive volume, “The Best Lawyers in America.” Additionally, attorneys in twenty of the most commonly requested concentrations were included in the October 2005 issue of New Hampshire Magazine.
Since its inception in 1983, Best Lawyers has become universally regarded as the definite guide to legal excellence in the United States. Because Best Lawyers is based on an exhaustive peer-review survey in which 16,000 leading attorneys throughout the Country cast more than a half million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
[FULL STORY]
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Sheehan Phinney News Autumn 2005
Sheehan Phinney Continues to Move Forward
Attorney Joseph A. DiBrigida has been elected President and Managing Director of the firm. DiBrigida, who is currently the Chairman of the Firm’s Corporate Department, will assume his new role on January 1, 2006. He will succeed attorney William J. Donovan, whose accomplishments as Managing Director include the expansion of the firm to Boston and New Hampshire’s Upper Valley region as well as the addition of the SPB+G Capitol Group.
Attorney Kenneth A. Viscarello has been appointed to succeed DiBrigida as Corporate Chair. In his new capacity, Viscarello will oversee the firm’s 35 corporate attorneys and the continued growth of the firm as a preeminent regional business law firm.
Attorney Peter Nieves has joined the firm in the Intellectual Property and Technology Group. With several years of experience in the area of patent law, Nieves is a valuable addition to the firm’s well-established and growing Intellectual Property and Technology Group. He brings a wealth of experience, including the preparation and prosecution of patents, trademark protection, licensing, and disputes concerning patents, trademarks, copyrights and domain names. He is also an adjunct professor at the Franklin Pierce Law School, one of the top Patent and Intellectual Property law schools in the U.S. He is licensed to practice in Georgia and before the U.S. Patent and Trademark Office.
Sheehan is also proud to welcome Courtney H.G. Herz and Ann E. Nolan to the firm as Associates. As a member of the firm’s Litigation Group, Herz will focus on business litigation and environmental litigation. Nolan, who comes to the firm from a corporate practice with a prominent New York law firm, is a member of the firm’s Corporate Practice Group and will focus her practice in the areas of mergers and acquisitions and corporate finance.
Fourteen Sheehan Phinney Attorneys Named Top in State
In two recent publications Sheehan Phinney was again recognized as one of the top business law firms in the region as fourteen of the firm’s attorneys were recognized by their peers as being among the best attorneys in New Hampshire. In fact, these attorneys were also given the distinction of “ Best Lawyers in America” in their respective practice areas.
Sheehan Phinney lawyers who received this award include: W. Michael Dunn in Alternative Dispute Resolution; Bruce A. Harwood in Bankruptcy Law; Michael C. Harvell and James Q. Shirley in Commercial Litigation; Robert E. Dastin and Alan L. Reische in Corporate Law; Alan P. Cleveland in Employee Benefits Law; Robert P. Cheney and John E. Peltonen in Environmental Law; William J. Donovan in Health Care Law; James P. Reidy in Labor and Employment Law; Susan A. Manchester in Real Estate Law; and James T. Cain and Bradford E. Cook in Estate Planning.
Every two years, the polling firm Woodward-White performs a wide-ranging search for the nation’s top attorneys and publishes their findings in the comprehensive volume, “The Best Lawyers in America.” Additionally, attorneys in twenty of the most commonly requested concentrations were included in the October 2005 issue of New Hampshire Magazine.
Since its inception in 1983, Best Lawyers has become universally regarded as the definite guide to legal excellence in the United States. Because Best Lawyers is based on an exhaustive peer-review survey in which 16,000 leading attorneys throughout the Country cast more than a half million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
[PRINTER FRIENDLY VERSION]
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