Good Company Winter 2011 e-Newsletter

Featured Articles
Texting and Social Media Issues Following the Quon Case
What Employers Need to Know about Access to an Employee's Electronic and Social Media Activity
by Elizabeth A. Bailey

Elizabeth A. Bailey, Esquire June 17, 2010, the U.S. Supreme Court issued a much-anticipated decision in the case of City of Ontario, California v. Quon, U.S., 130 S. Ct. 2619 (2010). While the Quon decision provides some useful feedback for public and private employers who grapple with questions related to employees’ use of workplace technology there are still some unresolved issues to consider. [Contact Author]
[FULL STORY]
 
The Tax Man Cometh
Tax Changes Enacted Last Year That May Affect Your Tax Return for 2010 and Beyond
by Peter T. Beach

Peter T. Beach, Esquire

The year 2010 will go down in the annals of tax history (yes there are those who actually keep track of such things) as a remarkable year. There were lots of changes early in the year, followed by months of the "yo-yo effect" (votes advancing proposed legislation through one house of Congress only to be stalled in the other) capped off with the extension of most of the Bush-era tax changes for two more years and a resolution of the 2010 Estate Tax debacle. [Contact Author]
[FULL STORY]
 

The Devil is in the Details
Subleasing is Not as Simple as It Seems
by Bruce H. Bagdasarian

Bruce H. Bagdasarian, Esquire

Subleasing is a common tool both for tenants who are trying to downsize by becoming sublandlords and for tenants who are seeking temporary space or looking to upgrade the quality of their space or location by becoming subtenants; this is particularly common during a recession. Tenants and prospective subtenants should evaluate the nuances - and potential pitfalls -of these types of arrangements before blindly heading down that path. [Contact Author]
[FULL STORY]
 

What the Last Congress and President Obama Did to "Solve" the Estate Tax Dilemma
by Bradford E. Cook

Bradford E. Cook, Esquire

Since 2001, when Congress changed the federal estate and gift tax law by instituting a system that set the "personal tax credit" at $1 million that amount increased incrementally to $3.5 million by 2009. In 2010 Congress completely repealed the estate tax for the year 2010 but then reverted to the levels in the 2001 law on January 1, 2011. This is a curious statute in need of fixing but in the meantime there are things you should know about how this will impact your estate planning. [Contact Author]
[FULL STORY]
 

The "Paperless" Trail
Essential Compliance Tips for the Storage and Disclosure of Electronically Stored Information (“ESI”)
by James P. Harris and Robert H. Miller

James P. Harris, Esquire

The terms "record retention policy" and "data destruction policy" are well known, but too few companies have adopted thorough guidelines governing the retention of company data. Most companies would like to have a comprehensive and up-to-date policy, but the task of drafting and maintaining such a policy is often neglected in favor of more pressing day-to-day business concerns. [Contact Authors]
[FULL STORY]
 

The Tide Turns (At Least on the West Coast)
The Continuing Saga of Leases of Software as Sales
by Douglas G. Verge

Douglas G. Verge. Esquire

Developers of software rely on licenses of the software to retain title and impose restrictions on use and further disposition of the software. Some lower courts have held that these software transactions are in fact sales under certain circumstances, thereby permitting resale of the software without the accompanying license restrictions. Recently the Ninth Circuit Court of Appeals issued a significant decision that represents a return to honoring the expectations of software licensors. [Contact Author]
[FULL STORY]
 

Looking out for Your "Parents" in a Corporate Sense
Tips for Preserving a Parent Company's Limited Liability Protection
by Paul S. Reuland

Paul S. Reuland, Esquire

Businesses choose to form affiliate or subsidiary entities for a broad range of reasons. Frequently, the decision is motivated by a desire to protect a parent company’s assets from the risks associated with venturing into new markets or developing a novel technology or product line. While this is a sound corporate strategy, a parent company must be certain to respect the separateness of its subsidiary or affiliate entities, or the parent risks finding itself liable for the subsidiary’s torts, debts and other misconduct. [Contact Author]
[FULL STORY]
 

The Perils of Posting
Discovery of Social Media in Litigation
by Nicole E. Negowetti

Nicole E. Negowetti, Esquire The proliferation of social networking sites such as Facebook, Twitter, LinkedIn, and MySpace presents new opportunities for businesses to reach existing and prospective clients, yet communicating on such sites creates legal risks. Despite efforts to keep electronic online postings “confidential,” courts can order discovery of these postings in litigation proceedings, leading to unintended consequences for the poster and the business. [Contact Author]
[FULL STORY]
 
An Introduction to ACOs
One of the Newest Health Care Acronyms
by Jessica A. Lamb and Katherine M. Hanna

Jessica A. Lamb, Esquire

Acronyms abound in the health care world. You may have recently read about ACOs and the fact that five groups of hospitals, other health care facilities, and major insurance companies in New Hampshire are embarking on a pilot program to form ACOs. The abbreviation “ACOs” stands for “accountable care organizations” and this article introduces the concept. [Contact Authors]
[FULL STORY]
 

When the Honeymoon is Over
Prenuptial Agreements - Why Raise that Subject?
by Anna Barbara Hantz

Anna Barbara Hantz, Esquire

When a couple announces their engagement, it is a happy time for everyone. After the well-wishing is over, talk inevitably turns to where the couple will live, how they will manage or merge their busy lifestyles and how they will start or merge their pre-existing families. For most, a prenuptial agreement does not cross their minds. However, it is both useful and wise for all couples to consider, discuss and deal with financial styles and issues before marriage. The time when couples are hoping and planning for the best is the best time for them to prepare for the worst. [Contact Author]
[FULL STORY]
 

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Spotlight
Sheehan Phinney Capitol Group
Helping Navigate through State Government and Beyond
by Bradford E. Cook

Sheehan Phinney Capitol Group Whatever the need of clients, whether local or national, Sheehan Phinney Capitol Group has the capacity to represent individuals, businesses, business associations and not-for-profit entities both before the New Hampshire legislature, executive branch and regulatory agencies.  [Contact Author]
[FULL STORY]
 
Publications
Raising Capital for the Emerging Business
Featured by VCExperts
by Michael J. Drooff, Alexander H. Pyle and Peter T. Beach

Raising Capitol for the Emerging Business

Raising Capital for the Emerging Business, a Sheehan Phinney publication, was recently featured in VCExpertsTM, the ‘go to’ company for expert commentary on best practices by leading professionals in the private equity and venture capital communities. Chapter Three, Seed Offerings, was published in the January e-newsletter VCE Buzz. Raising Capital was written by Sheehan Phinney attorneys, Michael J. Drooff, Alexander H. Pyle and Peter T. Beach. The 3rd edition was published in 2010 to assist start-up and emerging businesses with growth ambitions and the desire to raise capital. [Contact Authors]
 

Save the Date

SPB+G's 23rd Annual
Employment Law Review and Update

NH's Premier Employment Law Seminar
Thursday, May 26, 2011
8:00AM to 4:00PM
Fee Info: $225

*NEW LOCATION*
The Grappone Conference Center
70 Constitution Ave., Concord, NH

For more information please go to
the event section of
www.sheehan.com.

Upcoming Events


NH High Tech Council Human Resources Exchange

Saying No to Cupid? Dealing with Office Romances, Nepotism Policies and Other Awkward Situations

Wednesday, February 9, 2011

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.

 

Breakfast with the Best

Business NH Magazine

Thursday, February 17, 2011

7:30 to 9:30 AM

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

Come celebrate Business NH’s 2011 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.

 

Merrimack Valley Chamber Annual Congressional Breakfast

Monday, February 28, 2011

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.

 

40 Under Forty Reception

NH BIA and New Hampshire Union Leader

Thursday, March 8, 2011
5:00 to 7:30 PM

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

Honoring 40 emerging leaders elected to the Union Leader’s “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.

 

NH High Tech Council Human Resources Exchange

I-9 Form Compliance and e-Verify
Tips for Employers

Wednesday, March 9, 2011

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.

 

Best of Business (BOB) Awards

New Hampshire Business Review

Thursday, March 10, 2011

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.

 

Advancing Women 2011
Boston Business Journal
Thursday, March 24, 2011
7:00 to 10:00 AM
Westin Boston Waterfront
425 Summer Street, Boston MA
For more information please go to: www.bizjournals.com.

Made In NH Try It & Buy It Expo

Friday, April 1, 2011 thru
Sunday, April 3, 2011

Fri 1:00-8:00 PM; Sat 10:00 AM-8:00 PM;
Sun 10:00 AM-4:00 PM

Radisson Hotel, Center of NH
700 Elm Street, 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.

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

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