Good Company Spring 2012 e-Newsletter

Featured Articles
Keeping Track of Your Employees: Use of Electronic Monitoring May Be an Invasion of Privacy
by Elizabeth A. Bailey and Karyl R. Martin

Elizabeth A. Bailey, Esquire

Employers who use location-tracking devices such as a Global Positioning System (GPS) or smartphone may want to revisit their current policies after the U.S. Supreme Court’s recent decision in United States v. Jones, 132 S. Ct. 945 (January 23, 2012), in which a majority of the justices held that the installation of a GPS in a criminal suspect’s vehicle to track his movements was a search under the Fourth Amendment. Although the Court’s ruling was in the context of a criminal case, employers who use these devices to track the locations of their employees should be careful to respect their employees’ privacy rights. [Contact Authors]

Of Bakeries and HealthCare: The Supreme Court and ObamaCare
by Matthew J. Lapointe

Matthew J. Lapointe, Esquire

For three days at the end of March 2012, the United States Supreme Court heard oral arguments on the constitutionality of the Patient Protection and Affordable Care Act, popularly known as “ObamaCare.” While the opponents of the law argued that it suffers from several constitutional infirmities, their main argument turned on the interpretation of the “Commerce Clause” of the United States Constitution. What is the Commerce Clause? How has it been interpreted in the past? And how could an 1895 New York state law regulating bakeries have anything to do with ObamaCare? Read on… [Contact Author]

Good Governance - Key to Family Business Success and Succession
by Janet B. Fierman

Janet B. Fierman, Esquire

Families control a large portion of privately owned companies throughout the United States. Family owned companies require governance systems which support management of the family business in its short and long term business goals; assist the family business in addressing the diverse interests of its shareholders and stakeholders, present and future; and establish a structure for family business succession planning that addresses the needs of the family business, its management and its various stakeholders. [Contact Author]

NLRB Posting Requirement Put Off Indefinitely, For Now…
by James P. Reidy

James P. Reidy, Esquire

Just when you thought it was safe to go back to the lunch room and post that much discussed NLRB notice of employee rights under federal labor law the DC Circuit Court of Appeals issued an order enjoining the National Labor Relations Board (NLRB) from implementing this posting requirement. This poster has been in the news for over 6 months. The posting requirement had already been delayed twice before (November 2011 and January 2012). The new compliance date was supposed to be April 30th but now that requirement has been postponed indefinitely. [Contact Author]

Marketing for a Good Cause? A Great Idea but Watch Out for Regulations
by Maria E. Recalde

Maria E. Recalde, Esquire

Marketing for a good cause? This can have a positive impact on your business, but it is important to navigate the complicated landscape of commercial co-venturer laws that may apply.  Failure to do so can lead to fines, penalties and bad publicity both for your business and the charitable organization being supported. [Contact Author]

Buying Debt: The Next Best Thing to Owning Property
by Bruce H. Bagdasarian

Bruce H. Bagdasarian, Esquire

During the last great recession, which lasted from the late 1980's to the mid-1990's, massive amounts of real estate loans were sold at significant discounts, and buyers of these loans often made staggering returns. So, naturally, when the current recession hit the real estate and banking industries, investors holding debt started gearing up for another bloodbath. However, the deluge of debt sales never came, at least it has not happened in the Northeast. Although many lenders elected to sell loans, they have not been selling the volume of loans that were expected. What's different? [Contact Author]

Nothing in Life is Ever Really Free: Five Things You Should Know About Open Source Software
by Daniel K. Fink and Douglas G. Verge

Daniel K. Fink, Esquire

Open source software is becoming increasingly prevalent in today's computer-driven world. Indeed if you've used Firefox as a web browser or WordPress for your blog, you've used open source software yourself. However, if your business is contemplating using or adopting open source software, there are a number of questions and issues to consider to ensure not only that you are properly protecting your proprietary content, but also to make sure that you are not inadvertently violating the terms of an applicable software license and accordingly committing copyright infringement. [Contact Authors]

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ADVERTISEMENTThis electronic publication is labeled advertisement in compliance with Federal Law and may be considered advertising under the ethical rules of certain jurisdictions. It is intended for informational purposes only and does not constitute the rendering of legal advice or other professional advice by Sheehan Phinney Bass + Green PA.

Sheehan Phinney Celebrates 75 Years
Community Service a Hallmark of Sheehan Phinney Bass + Green Throughout Its 75 Years

One of the hallmarks of Sheehan Phinney Bass + Green throughout its history has been the community involvement of the firm and its attorneys.  From the beginning, the example of founding partners John J. Sheehan, William L. Phinney, Perkins Bass and William S. Green has been emulated by later generations of attorneys who experienced the example personally, and by those who have had the example handed down to them by others. [Contact Authors]

Our New Blog - Business Law insights

Sheehan Phinney is proud to announce the launch of our firm blog, Business Law insights. With contributions from attorneys in each of our practice areas, as well as guest contributors, the blog will inform, educate and promote conversation on the latest developments in the law. We have several great topics coming up!

Register Now

SPB+G's 24th Annual
Employment Law Review and Update

Practical Guidance for Employers 

Thursday, May 24, 2012
8:00 AM to 4:00 PM
Grappone Conference Center

70 Constitution Avenue, Concord, NH

For more information please go to
the event section of

Hurry! This event sells out
early every year!

Upcoming Events

NH High Tech Council Entrepreneur
of the Year Awards

Monday, May 7, 2012

5:30 to 8:30 PM

Radisson Hotel, Center of NH
700 Elm Street

Manchester, NH

For more information please go to:

BIA - Annual Business Meeting and Member Reception

Tuesday, May 8, 2012

4:30 to 7:30 PM

Radisson Hotel, Center of NH
700 Elm Street

Manchester, NH

For more information please go to:

Merrimack Valley Chamber’s Annual Dinner

Tuesday, May 8, 2012

6:00 to 9:30 PM

DiBurro’s Function Facility

887 Boston Road

Haverhill, MA

For more information please go to:

Boston Business Journal’s
Best Places to Work
Wednesday, May 9, 2012
7:30 to 10:30 AM
The Seaport Boston Hotel
415 Summer Street
Boston, MA
For more information please go to:

NH High Tech Council, HR Exchange
Benefits and Potential Pitfalls of Employee Leasing Arrangements
Wednesday, May 16, 2012
8:00 to 9:30 AM
Sheehan Phinney Bass + Green PA
1000 Elm Street, 17th floor
Manchester, NH
Bill Coyne, Account Executive at Surge Resources
For more information please go to:

SBA’s NH 2012 Small Business Awards Luncheon  

Thursday, May 17, 2012

11:30 AM to 2:00 PM

Crowne Plaza Hotel

2 Somerset Parkway  

Nashua, NH
SPB+G shareholder Peter A. Nieves will be honored as the 2012 Minority Small Business Champion

For more information please go to:

Business NH Magazine’s Businesses
& Business Leader of the Year Awards
Wednesday, May 23, 2012
11:30 AM to 1:30 PM 
Radisson Hotel, Center of NH
700 Elm Street
Manchester, NH
For more information please go to:

NH Women’s Leadership Institute

Friday, June 8, 2012

8:00 AM to 5:00 PM
Nashua Community College
505 Amherst Street

Nashua, NH

For more information please go to:

NH High Tech Council, HR Exchange

Employment Law Year in Review
Wednesday, June 13, 2012
8:00 to 9:30 AM
Sheehan Phinney Bass + Green PA
1000 Elm Street, 17th floor
Manchester, NH
James P. Reidy, SPB+G Manchester
For more information please go to:

2011 New Hampshire Start!
Heart Walk
Wednesday, June 15, 2011
Festivities begin at 4:30 PM
Walk begins at 6:00 PM
Northeast Delta Dental Stadium
1 Line Drive
Manchester, NH
For more information please go to: 

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