Many business owners have only a vague idea of how they will exit from their current business. Business owners often have a general notion that when the time is right they will sell their business and retire or that their children will take over the business someday. Many business owners either do not have an exit strategy at all or do not plan sufficiently for their business succession. [Contact Author]
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Almost twenty years ago, New Hampshire enacted the New Hampshire Investment Trust Act (NH RSA 293-B) (the “NH Investment Trust Act”) to provide statutory recognition of investment trusts as entities for conducting investment activity. Since the original adoption of the NH Investment Trust Act, many nationally recognized investment managers and fund sponsors have established New Hampshire investment trusts as vehicles for use as both public and private investment funds.  [Contact Author]
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New Hampshire has long depended upon the volunteerism of its constituents in accomplishing a great many worthwhile endeavors throughout the State. In this context, the question whether a volunteer has exposure to liability in the course of his or her charitable activities is a concern. The practice of providing non-cash perquisites to volunteers to attract, or reward in a minimal way, their participation raises a serious issue about the viability of the immunity they are provided by statute.  [Contact Author]
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The new Renovation, Repair and Painting Program (“RRP”), which places strict requirements for those working on homes where lead may be found, went into effect on April 22, 2010. Contractors and others who work on covered properties are, rightfully, scrambling to get necessary training and certifications, as the sanctions for non-compliance can be severe.  [Contact Author]
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Commercial tenants are often faced with a situation in which they believe that the landlord has failed to comply with the express or implied terms of a commercial lease. When faced with a difficult landlord (or at least a landlord who is perceived as such) commercial tenants often feel justified in withholding rent or making repairs themselves and offsetting the rent to cover the cost of such repairs. This can be extremely dangerous for the tenant, because the landlord may decide to simply declare a material breach of the lease and evict the tenant.  [Contact Author]
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New Hampshire’s Uniform Trade Secrets Act (the “NH UTSA”) provides strong protections for companies that use certain types of confidential information in their businesses. The statute defines broadly the types of information that qualify as trade secrets, and provides for substantial remedies for a company whose information has been wrongfully disclosed, including injunctive relief, compensatory damages and punitive damages.  [Contact Author]
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The law that had extended the Interest and Dividends ("I&D") Tax to distributions from limited liability companies ("LLCs"), partnerships and associations with non-transferable shares (referred to herein as the "2009 Law") has been repealed. After a classic legislative roller coaster ride involving multiple bills, proposed amendments, threats of repeal and threats of no action, the Legislature finally passed, and Governor Lynch signed, Special Session House Bill 1, which includes the repeal of the 2009 Law.  [Contact Author]
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The Healthcare Reform bill debate earlier this year included many topics. The Law, as passed, includes many provisions. In the 2,000 plus pages of the Patient Protection and Affordable Care Act (“PPACA”), which was signed into law on March 23, 2010 (P.L. 111-148), there was a provision that received little publicity at the time: a break time (at work) requirement for nursing mothers. This provision went into effect immediately with the PPACA. Recently (July 15, 2010), the US Department of Labor published a Fact Sheet and Guidance for covered employers on this new law.  [Contact Author]
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NextEra Energy Seabrook, more commonly known as Seabrook Station, is New England’s largest single generating plant, providing 1,244 megawatts of electricity for about 1.4 million families and business in the region. The plant is celebrating its twentieth year of service in 2010.  [Contact Authors]
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