Featured Articles
Unsolicited Facsimile Advertisements: Are Your Faxes Unlawful?
by Peter W. Leberman and Brian D. Thomas

Peter W. Leberman, Esquire

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

Maria E. Recalde, Esquire 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]
[FULL STORY]
 
New Hampshire Adopts The Interstate Nurse Licensure Compact
by Matthew J. Lapointe

Matthew J. Lapointe, Esquire 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]
 
Venture Capital Financing
by Michael J. Drooff

Michael J. Drooff, Esquire

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]
[FULL STORY]
 

"Deemed Exports" - Where What Meets The Eye Is An Export
by Robert P. Cheney

Robert P. Cheney, Esquire

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]
 

Firm News

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.”


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Business Resources
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Upcoming Events

Loose Lips Sink Ships: What Employer's need to know about Identity Theft

with Attorney Douglas G. Verge

October 4, 2005

5 p.m., The Event Center at C.R. Sparks in Bedford, NH

Manchester Human Resources Association, monthly meeting

 

The 16th annual Public Sector Labor and Employment Law Seminar

Practical Legal Advice for New Hampshire Municipalities, Counties and School Districts

October 6, 2005

8:30 a.m. to 3:15 p.m. at The Event Center at C.R. Sparks in Bedford, NH

Registration begins at 7:45 a.m. Cost is $130 per person.

To register, or for more information, {click here}

 

NH Humanities Council Annual Dinner with featured guest Dan Brown

October 11, 2005

Reception at 5 p.m.; dinner and keynote at 6:30 p.m. at the Center of NH/Radisson Hotel in Manchester

For additional information, call 603.224.4071

 

NH Business Review, Business Excellence Awards

October 12, 2005

5 to 7 p.m. at The Event Center at C.R. Sparks in Bedford, NH

Registration is $7 per person.

Call 603.624.1442 for additional information

 

The Pulse of Technology: E-Marketing Tools to Drive Your Business

October 14, 2005

7:30 to 9:30 a.m. at the Westin Waltham

Registration is $45 per person or $320 for a table of eight

Click here to register https://www.masshightech.com/regbreakfast.asp

 

Managing Growth: Navigating a Path to Business Success

October 17, 2005

7:30 a.m. to 3 p.m. at The Event Center at C.R. Sparks in Bedford, NH

A Business NH Magazine Seminar

To register, call 603.626.6354

 

Protecting Your International Intellectual Property

October 18, 2005

7:30 to 11:30 a.m. at Cisco Systems, 55 Hayden Avenue, Lexington, MA

Sponsored by AeA

Registration is $95 for members, $145 for nonmembers

Call Anne Dugan at 781.938.1925, ext. 101, to register.

 

BIA Annual Dinner and Lifetime Achievement Awards

With Keynote Speaker Margaret Warner, Senior Correspondent for The NewsHour with Jim Lehrer

October 18, 2005

5:30 to 9 p.m. at the Center of NH/Radisson Hotel in Manchester

Tickets cost $100 for members and $125 for nonmembers

Visit http://www.acteva.com/booking.cfm?bevaID=94196 to register

 

Boston Tech Congress

November 3 and 4

Speakers include IT Executives from the Boston area.

Boston Marriott Peabody, Peabody, MA

www.boston-techcongress.com

 

NH Health Care Summit 2005 – Taking the Lead on Controlling Costs

November 9, 2005

7 to 11 a.m. at the Center of NH/Radisson Hotel in Manchester

A Business NH Magazine Seminar

To register, call 603.626.6354

 

U.S. Equal Employment Opportunity Commission, New York District Office in partnership with the New Hampshire Commission for Human Rights presents: 2005 Technical Assistance Program Seminar

Tuesday, November 15, 2005
8:45 a.m. to 4 p.m. at the
Center of NH/Radisson Hotel in Manchester
Cost is $325

James P. Reidy will moderate the Best Practices Roundtable
For more information, visit www.eeotraining.eeoc.gov.


[FULL STORY]
 
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SHEEHAN PHINNEY BASS + GREEN PA
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