Massachusetts Data Security Regulations Amended to Require Implementation of Comprehensive Information Security Measures by March 1, 2010 by Maria E. Recalde and Mark J. Ventola The Security Regulations establish minimum standards to be met in connection with the safeguarding of "personal information" of Massachusetts residents contained in both paper and electronic records. They require all individuals, for-profit and non-profit organizations, among others, that own, license, store or maintain personal information about a resident of Massachusetts, whether or not they are located in Massachusetts, to adopt a comprehensive, written information security program.  [Contact Authors] [FULL STORY]

2009 Top Ten Wage and Hour Law Violations (and how to avoid these violations and civil penalties) by James P. Reidy Each year we review the Top Ten most common wage and hour violations in New Hampshire. This year, in addition to that list, we have again included the Top Ten FLSA (federal) wage and hour violations. The stakes for noncompliance with these wage laws are higher than ever before, so with each outline we have provided some guidance on how to avoid being on these DOL "naughty" lists. [Contact Author] [FULL STORY]

Thinking About Buying A Franchise? What To Do Before Making Your Investment by Matthew J. Lapointe Operating a franchise can provide the empowerment of small business ownership while tempering somewhat the "fear factor" of starting a new business from scratch. A franchise business often requires a significant up-front investment, however. A thorough investigation of the franchisor and legal review of the franchise agreement are essential.  [Contact Author] [FULL STORY]

Avoiding Pitfalls When Purchasing a Troubled Company by Michael J. Drooff and Colleen Lyons As the Great Recession of 2008-2009 begins to abate, many corporate acquirers are noticing that the values of potential acquisition targets remain depressed. For an acquirer who believes that 2010 and 2011 will bring an economic recovery in the U.S. economy, the current values of target companies can appear very attractive. But while the rewards of a well-chosen and -executed acquisition in an environment like the current one can be very substantial, the risks of mergers and acquisitions (M&A) under these circumstances can also be considerable. [Contact Authors] [FULL STORY]

Imposition of Successor Liability Law Negatively Impacts Free Market Economy by Charles M. Waters A company purchasing assets at a foreclosure sale is potentially liable for the debt of the foreclosed-upon company, according to Massachusetts successor liability law. This doctrine permitting the transfer of liability from one company to the next constitutes an exception to the general rule that liabilities do not transfer with the purchase of a company's assets. However, the doctrine has the unintended consequence of changing the decision-making paradigm for all parties associated with an insolvent company. [Contact Author] [FULL STORY]

Software Developers Beware - Software Licenses and the First Sale Doctrine: You Might Be Giving Away Rights You Thought You Kept by Douglas G. Verge Software developers and licensors historically have relied upon licenses of software to protect their valuable proprietary rights in the same, and to impose and enforce restrictions on use and distribution of the software by the licensee. In recent times, some courts have determined that the transfer of the copy of the software to the licensee is in fact a "sale" of the software copy, rather than a license of the software. One of the ramifications of this conclusion is that the licensee becomes the owner of the software copy and can transfer it to a third party without the license restrictions. There are certain steps that can be taken to avoid this type of result.  [Contact Author] [FULL STORY]

Congressional Inaction Means No Estate Tax – For The Moment by Bradford E. Cook At Sheehan Phinney, we remind our estate planning clients that it is a good idea to review estate planning documents periodically, not just for content-related changes, but to keep documents current with the latest tax changes. In the typical analysis of estate planning, the effect of federal taxes is taken into account when designing what kind of documents are needed and what complexity attaches to estates of certain economic sizes. [Contact Author] [FULL STORY]

Use of Unregistered 'Finders' in Securities Transactions by Jon S. Liland The last year has been a trying one for many entrepreneurs-- tight credit markets, newly-cautious banks and the overall slowdown in the economy have left many growing companies without access to the sources of capital that they had previously relied upon to fund their operations. These constraints have hit early-stage companies especially hard, with more companies and would-be entrepreneurs chasing fewer dollars available from venture capital funds and angel networks. [Contact Author] [FULL STORY]

Contracts for International Sale of Goods: Now I am really Confused. by Janet B. Fierman and Lynn J. Preston International trade contracts can be tricky to draft and enforce, particularly when they involve legal systems which differ greatly from the United States system. The Convention on Contracts for International Sale of Goods (CISG) is U.S. law as well as international law. It can assist businesses by alleviating concerns of their trading partners, avoiding choice of law concerns and perhaps lowering transactional costs, but it differs in some major areas from familiar U.S. law and does not cover all contract issues. It is important to understand and deal with these areas in contract negotiations to minimize unpleasant surprises. [Contact Authors] [FULL STORY]

• Attorney David Allen Named One of New Hampshire's 40 Under Forty

• Sheehan Phinney Attorneys Prevail in 1.5 Million Lawsuit
• Attorney Charles Waters Receives Significant Court Decision
• Shirley Named Manchester’s Litigator of the Year
• Sheehan Phinney Attorneys Selected as New England Super Lawyers
• Sheehan Phinney Welcomes New Attorneys
• First Kimon S. Zachos Pro Bono Hero Award Presented
• Attorney Nieves Guest Lecturer for Medical Device Development Course at Dartmouth

Last year, New Hampshire Public Television celebrated its fiftieth anniversary. President Peter Frid and his fine staff and board of directors have opportunities and challenges ahead, and if past achievements are any guide, they are more than up to them! Sheehan Phinney Bass + Green is proud of its association with New Hampshire Public Television! Read on to see what's new at New Hampshire Public Television.
[FULL STORY]

Congratulations Tom Raffio

Congratulations to our client and colleague, Thomas Raffio, President of Northeast Delta Dental, who recently received the 2009 Concord Chamber’s Citizen of the Year Award. [FULL STORY]

 the event section of www.sheehan.com.

NH High Tech Council Human Resources Exchange

Hearts A Fire?

Wednesday, February 3, 2010

8:00 to 9:30 AM

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

Speaker: David W. McGrath, SPB+G Manchester

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

Manchester Chamber Citizen of the Year Annual Dinner

Thursday, February 4, 2010

5:00 to 9:00 PM

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

For more information please go to: www.manchester-chamber.org.

Merrimack Valley Chamber Annual Congressional Breakfast

Monday, February 8, 2010

7:30 to 9:15 AM

Haverhill Golf & Country Club
58 Brickett Lane, Haverhill, MA

A Special Report From Washington with Congressman John Tierney and Congresswoman Niki Tsongas.

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

Breakfast with the Best

Business NH Magazine

Thursday, February 18, 2010

7:30 to 9:30 AM

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

Come celebrate Business NH’s 2009 Best Companies to Work For and learn how employers of choice in NH create great work environments and attract, reward and retain outstanding employees.

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

NH High Tech Council Human Resources Exchange

Who are You? Do We Really Want to Know? (Yes!): I-9 Compliance Tips

Wednesday, March 3, 2010

8:00 to 9:30 AM

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

Speaker: Lyndsee D. Paskalis, SPB+G Manchester

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

Red River Theatre Red Carpet Awards
Sunday, March 7, 2010
Starting at 6:00 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.
For tickets please go to: www.redrivertheatres.org.

40 Under Forty Reception

NH BIA and New Hampshire Union Leader

Thursday, March 11, 2010
5:00 to 7:00 PM

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

Honoring 40 emerging leaders elected to the Union Leader’s ninth “40 Under Forty” class, a program that recognizes emerging leaders with a record of professional and volunteer accomplishment in New Hampshire.

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

Best of Business (BOB) Awards

New Hampshire Business Review

Thursday, March 11, 2010

5:00 to 8:00 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.

Merrimack Valley Chamber Public Safety Summit

Friday March 18, 2010

7:30 to 9:15 AM

Speakers include: MA Secretary of Public Safety, MA District Attorney, Essex County Sheriff and Area Police Chiefs. Special Guest Moderator Al Getler, Eagle Tribune Publishing

Andover Wyndham Hotel

123 Old River Road, Andover, MA

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

Latinos on the Move Networking Event and Educational Forum

Wednesday, March 31, 2010

5:00 to 7:00 PM

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

Topics include: Business formation and immigration issues

Speakers: Lyndsee D. Paskalis and
Michael J. Drooff, SPB+G Manchester

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

Merrimack Valley Chamber Business & Consumer Trade Show & Job Fair Expo

Wednesday, April 7, 2010

11:00 AM to 4:00 PM

Michael's Function Hall

12 Alpha/River St. Route 110, Haverhill, MA

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

NH High Tech Council Human Resources Exchange

Spring Ahead or Fall Back? Best Approaches to Documenting Employee Achievements or Short Comings

Wednesday, April 7, 2010

8:00 to 9:30 AM

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

Speaker: David W. McGrath, SPB+G Manchester

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

Made In NH Try It & Buy It Expo

Friday, April 9, 2010 thru
Sunday, April 11, 2010

Fri 1:00-8:00 PM; Sat 10:00 AM-8:00 PM;
Sun 10:00 AM-4:00 PM
Tickets: Adults: $9; Seniors: $8; Children: $3

NH National Guard Armory

Manchester, NH

The Made In NH “Try It & Buy It” Expo is dedicated to showcasing the impressive variety of quality products and services made in the Granite State. Now in its 15^th year, Expo is continuing to grow, with new exhibitors and increased attendance every year.

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

Merrimack Valley Chamber Annual Dinner

Wednesday April 14, 2010

6:00 PM

DiBurro's Function Hall

887 Old Boston Road, Haverhill, MA

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

2010 Pacesetters - Boston's Fastest Growing Private Companies

Boston Business Journal

Friday, April 16th, 2010
7:30 to 10:00 AM

Westin Copley Place

10 Huntington Ave., Boston, MA
60 companies will be recognized and honored for their achievements in making this year’s list. The morning event will feature a panel of 2010 Pacesetters executives who will share their strategies for successfully managing and growing their enterprises.