Good Company Winter 2009 e-Newsletter

Featured Articles
There Really is No Such Thing as a Free Lunch: New Executive Compensation Rules Under the Emergency Economic Stabilization Act of 2008
by Michael J. Drooff

Michael J. Drooff, Esquire

In response to the national financial crisis in the fall of 2008, Congress on October 3, 2008 hurriedly passed the Emergency Economic Stabilization Act of 2008. While the Act authorized up to $700 billion to help struggling financial institutions with loans and the purchase of troubled assets some of these institutions may be deterred from participating in these programs due to the requirement that they submit to substantial new limits and controls on the compensation they pay to their key executive officers. [Contact Author]
[FULL STORY]
 

Employers Should Take a Fresh Look at Pay Equity Issues. President signs Ledbetter Fair Pay Restoration Act of 2009
by James P. Reidy

James P. Rediy, Esquire

On Thursday, January 29th, President Obama fulfilled another campaign promise and signed to law the Ledbetter Fair Pay Restoration Act of 2009. This Act reverses the U.S. Supreme Court’s 2007 decision in the case of Ledbetter v. Goodyear Tire & Rubber Co. and effectively extends the statute of limitations for discrimination claims where pay differences are included as a factor in the alleged discrimination. There are other aspects of this new law that will likely cause employers to take a fresh look at their pay policies and records retention practices. [Contact Author]
[FULL STORY]
 

Bond Issues and Other Types of Financings for Not-For Profits: Should You Even Consider These in Tough Economic Times?
by Margaret E. Probish

Margaret E. Probish, Esquire The answer is "yes". For the last several years, variable rate demand obligations (VRDOs) have become the bond financing of choice for not-for -profit borrowers because the rates have been more favorable than fixed rate offerings as investors (including money market funds) require investments which can be easily traded. [Contact Author]
[FULL STORY]
 
"Tickets, Please:" What Employers Should Know Before Hiring a Foreign Worker in the Coming Year
by Lyndsee D. Paskalis

Lyndsee D. Paskalis, Esquire For employers thinking about hiring a foreign worker in the coming year, now is the time to evaluate the visa alternatives and put a plan in place.  The filing date for H-1B visa, a popular vehicle for hiring foreign workers, is fast approaching, and employers should begin planning for that event early in the New Year.  Employers should also consider alternatives to the H-1B visa in order to best effectuate their employment goals in 2009. [Contact Author]
[FULL STORY]
 
Trademark Squatting: Somebody's (Possibly) Watching You
by Douglas G. Verge

Douglas G. Verge, Esquire

The old adage “he who hesitates is lost” is sometimes particularly pertinent when it comes to protecting trademark rights. If foreign trademark registrations are not sought early in the life of a new brand, there is a risk that third parties could see the value in your trademark and file for registration of that mark in foreign countries ahead of you. Because (a) foreign trademark rights typically are based upon who files for registration first and (b) trademark rights end at a country’s border, you could be left in a very unhappy predicament when you finally decide to seek foreign trademark protection. [Contact Author]
[FULL STORY]
 

Red Flag Regulations Expand to Wide Range of Organizations: New Obligations Under FTC Identity Theft Regulations
by Daniel K. Fink and Priscilla E. Kimball

Daniel K. Fink, Esquire

A new FTC regulation requires many businesses to adopt policies and procedures to categorize, identify, and properly respond to certain “red flags” indicative of identity theft. The regulations apply to “financial institutions” and “creditors”, the latter being broadly defined to include any entity that regularly extends, renews, or continues credit. The broad definition means the Red Flags Regulations affect a host of businesses that might not ordinarily consider themselves covered by such a rule, including educational institutions, health care providers, and professionals. If your organization extends credit and qualifies as a “creditor” under the new regulations, then you must adopt a written Identity Theft Prevention Program by May 1, 2009. [Contact Authors]
[FULL STORY]
 

Justice Before Generosity: What Constitutes an Impermissible Transfer Under the New Hampshire Fraudulent Transfer Act
by William J. Amann

William J. Amann, Esquire The New Hampshire Fraudulent Transfer Act's somewhat foreboding title intimates that it applies to transfers made with a specific intent to defraud. While the Act does apply to transfers intended to escape creditors, the act also applies to transfers made with perfectly innocent motives if made by an insolvent debtor for less than adequate consideration. These kinds of transfers are considered to be constructively fraudulent. Examples of such "innocent" transactions can include spousal transfers pursuant to estate planning or divorce and to charitable donations. [Contact Author]
[FULL STORY]
 
From UMIFA to UPMIFA: Changes in NH Law Ease Restrictions on Expenditures From Endowments
by David W. Allen and Bradford E. Cook

David W. Allen, Esquire

By almost any measure, 2008 was a difficult year for charitable institutions that manage endowment funds. As many institutions experienced greater pressure to distribute more funds to satisfy the needs of their recipients, substantial declines in the stock market decreased the overall value of most endowments. In New Hampshire, the enactment of the Uniform Prudent Management of Investment Funds Acts (UPMIFA) in 2008 provides greater flexibility for endowments in appropriating dollars for expenditure as compared to the law’s predecessor, the Uniform Management of Investment Funds Acts (UMIFA). [Contact Authors]


[FULL STORY]
 
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Client Focus
The Sound of Success: Boston Acoustics Leads with Innovation
Boston Acoustics Logo

A home grown company, New England based Boston Acoustics, has been providing consumers with high end speakers for 30 years. In these challenging times, when some companies are cutting back on development and new product lines, Boston Acoustics is bringing many new and useful home entertainment and car audio products to market. Consumers are searching for deals but they don’t want to sacrifice quality. With the products from this true New England success story buyers get both quality and great value. [Contact Boston Acoustics]
[FULL STORY]
 

Save the Date


SPB+G's 21st Annual
Labor and Employment Law
Review and Update
NH's Premier Employment Law Seminar
Thursday, May 28, 2009
 8:00AM to 4:00PM
Fee Info: $215
 The Event Center at C.R. Sparks
18 Kilton Road, Bedford, NH

Speakers: Attorneys Reidy, Bailey, Wieland, McGrath, Harris, Ventola, Recalde, Foster and Gorman

Other guest speakers and special
features to be announced.

For more information please go to

 the event section of www.sheehan.com.


Upcoming Events

Small Business Day at the State House

BIA

Tuesday, February 10, 2009

7:30 to 11:30 AM

Holiday Inn
Concord, NH

Small business owners and managers will have an opportunity to hear directly from
the state’s top elected leaders about key issues and ask questions about how
legislators will attempt to resolve them.
For more information please go to: www.nhbia.org.

 

NH High Tech Council, Human Resources Exchange

Love Stinks: Avoiding and Defending a
New Generation of Sex Harassment Claims

Wednesday, February 11, 2009

8:00 to 9:30 AM

Sheehan Phinney Bass + Green PA
1000 Elm Street, 17th Floor
Manchester, NH

Speaker: David W. McGrath, SPB+G

For more information please go to: www.sheehan.com.


New Year, New Challenges for Employers: Management Awareness Series
Equipping Employers to Deal with Amendments to the ADA and New FMLA Regulations
Thursday, February 12, 2009
8:30 to 11:45AM
Sheehan Phinney Bass + Green PA
1000 Elm Street, 17th Floor
Manchester, NH
Speaker: Diana K. Wieland, SPB+G
For more information please go to: www.sheehan.com.
 

Breakfast with the Best

Business NH Magazine

Thursday, February 19, 2009

7:30 to 9:30 AM

Radisson Hotel,
Center of NH
700 Elm Street
Manchester, NH

Come celebrate Business NH’s 2008
Best Companies to Work For and learn
how employers of choice in NH create
great work environments and attract,
reward and retain outstanding employees. Panel discussion topics: Affordable Perks that Work, Creating a “Thank You” Culture and Cultivating Tomorrow’s Leaders.

For more information please go to: www.businessnhmagazine.com.

 

Oscar Night America

Red River Theatres

Sunday, February 22, 2009

Starting at 7:30 PM

Red River Theatres
Concord, NH

Watch the Oscars at the Red River
Theatre, drinks, hors d’oeuvres, music,
etc. Proceeds benefit programming at the
Red River Theatre and Cross the Bridge. Academy Award winner Ernest Thompson (Writer, On Golden Pond) is one of many guest speakers.

For tickets please go to: www.redrivertheatre.org.

 

Merrimack Valley Chamber Annual Congressional Breakfast

Monday, February 23, 2009

7:30 to 9:15 AM

Wyndham Andover Hotel
123 Old River Road
Andover, MA

MVCC's Annual Congressional breakfast
A Special Report From Washington with Congressman John Tierney and Congresswoman Niki Tsongas.

For more information please go to: www.merrimackvalleychamber.com.

 

25 Leaders for the Future Reception

Business NH Magazine

Wednesday, February 25, 2009

5:00 to 7:00 PM

Grappone Ford
506 State Route 3A
Bow, NH

BNH Magazine will be recognizing 25 outstanding individuals who are shaping
the business, non-profit and political landscapes of the Granite State. SPB+G shareholder, Ken Viscarello is among the recipients.

For more information please go to: www.businessnhmagazine.com.

 

NH High Tech Council, Human Resources Exchange

Hiring Outside the Box and the Country: Visa Options for U.S. Employers

Wednesday, March 11, 2009

8:00 to 9:30 AM

Sheehan Phinney Bass + Green PA
1000 Elm Street, 17th Floor
Manchester, NH

Speaker: John Wilson, Goff Wilson

For more information please go to: www.sheehan.com.

 

Best of Business (BOB) Awards

New Hampshire Business Review

Wednesday, March 18, 2009

6:00 to 9:00 PM

Grappone Center
Concord, NH

The best companies in over 80 business-
to-business categories, voted on by
NHBR readers.

For more information please go to: www.nhbr.com.

Made In NH Try It & Buy It Expo

Friday, March 27, 2009 thru
Sunday, March 29, 2009

Fri 1-8PM; Sat 10AM-8PM;
Sun 10AM-4PM
Tickets: Adults: $10; Seniors: $8;
Children: $3

NH National Guard Armory
Manchester, NH

The Made In NH “Try It & Buy It” Expo is dedicated to showcasing the wide variety
of quality products and services made in the Granite State. Now in its 14th year,
Expo is continuing to grow, with new exhibitors and increased attendance
every year. By far the best-attended
trade show in the state.

For more information please go to: www.businessnhmagazine.com.

 

NH High Tech Council, Human Resources Exchange

Spring Fever or Serious Issues: EAP Programs and What They Offer

Wednesday, April 8, 2009

8:00 to 9:30 AM

Sheehan Phinney Bass + Green PA
1000 Elm Street, 17th Floor
Manchester, NH

Speaker: Stephanie Marshall of MKS Performance Solutions

For more information please go to: www.sheehan.com.

 

The 11th Annual Granite State Human Resources Conference

The Human Capital Summit

Tuesday, May 12, 2009

7:00 to 5:30 PM

The Expo at the Radisson Manchester
700 Elm Street
Manchester, NH

Registration is just $195 before April 15th, 2009 and $225 after April 15th. Walk-ins welcome if there is space available.

Speakers: James P. Reidy, SPB+G

For more information please go to: www.gshrconference.org.


SHEEHAN PHINNEY BASS + GREEN PA
A Regional Business Law Firm.
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