Featured Articles

New Deferred Compensation Rules: Another Potential Headache for Small Business Owners
by Matthew J. Lapointe and Peter T. Beach

Section 409A of the Internal Revenue Code imposes new requirements on deferred compensation plans and certain severance agreements. Failure to comply with Section 409A could have serious adverse tax consequences on both the company and the employee receiving the deferred compensation. Penalties for noncompliance include accelerated taxation of the deferred compensation and a 20% excise tax. [Contact Authors]
[FULL STORY]

Changes to Federal Law Impacts Health Plan Coverage for Veterans
by Walter M. Foster

Every employer needs to be aware of recent federal law enactments that have enhanced health care coverage for members of the U.S. armed forces. Amendments to the Uniformed Services Employment and Reemployment Act extends the time period that members of the military service may chose to elect continued health care coverage from 18 to 24 months. In addition, employers now need to post notices of employees' rights to reemployment and other rights under the statute. [Contact Author]
[FULL STORY]

Importance of Proper Patent Marking
by Peter A. Nieves

Proper marking of a patented invention is vital to benefit from the rights granted by the government to patent owners. Unfortunately, if proper patent marking methods are not used, damages for patent infringement, due to lack of actual or constructive notice, may be decreased significantly. Recent case law has shown that Web sites incorporating patented software must also follow the patent marking requirements to give constructive notice. [Contact Author]

[FULL STORY]

Updated Bankruptcy Code: The Top Ten Things Businesses Should Know
by Steven E. Boyce and Bruce A. Harwood

On October 17, 2005, most of the provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) became effective. Although BAPCPA made far-reaching amendments concerning consumer debtors, BAPCPA also made significant changes to business bankruptcy law, most of which favor creditors. This article discusses some of the changes to the bankruptcy law that businesses should be aware of. [Contact Authors]
[FULL STORY]

New Statutory Protections for New Hampshire Contractors
by Peter S. Cowan

Effective January 1, 2006 there are new laws in New Hampshire dealing with the resolution of disputes with contractors. This article highlights important provisions of new statute designed to promote resolution of contractor/homeowner disputes without litigation. [Contact Author]

[FULL STORY]

Outline of New and Revised Workplace Laws in NH
by James P. Reidy

The New Hampshire legislature considered several workplace-related bills during the last (2004-2005) session. A few new laws, related to employment and workplace issues, were passed late in the session. The most noteworthy of these bills, at least for employers and human resources professionals in New Hampshire are: The Crime Victim Leave Act; Changes to the State’s Wage Protection Statute; and Changes to the State’s Unemployment Benefits Laws. Each of these bills went into effect as law on January 1, 2006. This article provides a brief outline of these new laws. [Contact Author]
[FULL STORY]

Zoning Variances in New Hampshire and the “Unnecessary Hardship” Test
by Graham J. Chynoweth

Obtaining a variance from zoning regulations has always been difficult. The law relating to the test for variances from local zoning regulations changed dramatically in 2001 with a decision by the New Hampshire Supreme court in case of Simplex Technologies v. Town of Newington. Since Simplex, the New Hampshire Supreme Court has several times revisited the issues discussed in that case. The stakes remain high in variance cases. This article discusses the Simplex decision and outlines the current status of variance law in New Hampshire. [Contact Author]
[FULL STORY]

Firm News

New Year, New Developments at Sheehan Phinney
Expansion of Sheehan Phinney Capitol Group
Sheehan Phinney Expands Downtown Boston Office
Kate Hanna Returns to the Firm's Healthcare Practice
Nieves to Teach Patent Course at Franklin Pierce Law Center
Awards
Nominations

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Business Resources

Doing Business in New Hampshire

Intellectual Property e-Advisory

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Upcoming Events

Congressional Breakfast
Merrimack Valley Chamber

February 13, 2006

7:30AM - 9:15AM

Andover Country Club
Andover, MA

To register, contact the chamber at 978.686.0900.

Taking the Pain and Suffering Out of Workers’ Compensation
New Hampshire High Tech Council

February 15, 2006

8:00AM - 9:30AM
Sheehan Phinney Bass + Green PA

Conference Center, 17^thFloor

1000 Elm Street

Manchester, NH

Presenter: Fran Lefavour, The Leddy Group

For more information contact Sandy Banks at 603.627.8148.

Breakfast with The Best
Business NH Magazine
February 15, 2006

7:30AM – 9:30AM

Radisson Hotel Manchester
700 Elm Street
Manchester, NH

$30 registration fee per person includes breakfast

To register, call 603.626.6354.

Planes, Trains & Automobiles
Citizens Bank Insider Breakfast Series

February 15, 2006

7:30AM - 9:00AM

The Derryfield
625 Mammoth Road
Manchester, NH

$15/member, $20/nonmember

Annual Dinner and Citizen of the Year Award
Greater Manchester Chamber of Commerce

February 15, 2006

5:00PM

$75/member, $90/nonmember

Monthly Legal and Legislative Update
Manchester Area Human Resources Association, dinner meeting.

March 7, 2006

5:00PM

The Event Center at C.R. Sparks

18 Kilton Road

Bedford, NH

Presenter: James P. Reidy, SPB+G Manchester

For more information contact Sandy Banks at 603.627.8148.

Our Region’s New Cultural Etiquette
Citizens Bank Insider Breakfast Series
March 8, 2005

7:30AM - 9:00AM

The Derryfield
625 Mammoth Road
Manchester, NH
$15/member, $20/nonmember

Employee Performance Management
New Hampshire High Tech Council, monthly meeting.

March 15, 2006

12:00PM - 1:30PM

Sheehan Phinney Bass + Green PA

Conference Center, 17^th Floor

1000 Elm Street

Manchester, NH

Presenter: David Lee

For more information contact Sandy Banks at 603.627.8148.

Top Ten Most Common Employer Mistakes and How to Avoid Them
Human Resources Association – Greater Concord

March 16, 2006

8:00AM - 1:00PM

Grappone Conference Center, Courtyard by Marriott

70 Constitution Avenue

Concord, NH

Presenter: James P. Reidy, SPB+G Manchester

For more information, contact Human Resources Association – Greater Concord at 603.278.8919.

BIZFest
Greater Manchester Chamber of Commerce business expo

March 29, 2006

3:00PM - 7:00PM

Radisson Hotel Manchester
700 Elm Street
Manchester, NH

Contact Cindy Gaffney at 603.666.6600, Ext. 106 for details.

Mass. State Senators’ Breakfast
Merrimack Valley Chamber of Commerce
March 31, 2006
7:30AM - 9:15AM
Sal's Riverwalk Restaurant
Lawrence, MA
$20/members, $30/nonmembers
For reservations call 978.686.0900 or go to www.merrimackvalleychamber.org.

Monthly Legal and Legislative Update
Manchester Area Human Resources Association, breakfast meeting.

April 4, 2006

8:00AM

The Event Center at C.R. Sparks

18 Kilton Road

Bedford, NH

Presenter: James P. Reidy, SPB+G Manchester

For more information contact Sandy Banks at 603.627.8148.

HIPAA Compliance for Employers

New Hampshire High Tech Council, monthly meeting.

April 12, 2006

8:00AM - 9:30AM
Sheehan Phinney Bass + Green PA

Conference Center, 17^thFloor

1000 Elm Street

Manchester, NH

Presenter: Matthew J. Lapointe, SPB+G Manchester

For more information contact Sandy Banks at 603.627.8148.

Thriving Industries in the Region: Healthcare, Tourism and Education
Citizens Bank Insider Breakfast Series

April 19, 2006

7:30AM - 9:00AM

The Derryfield
625 Mammoth Road
Manchester, NH
$15/member, $20/nonmember
Register at www.manchester-chamber.org or call 603.666.6600.

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