McLane Articles

Quick links to practice area articles:
Corporate and Securities Law | Divorce and Family Law | Employment Law | Energy and Utility Law | Government Relations and Environmental Law | Health Care Law | Immigration Law | Intellectual Property | Litigation | Taxation | Trust and Estate Law

Corporate and Securities Law

• June 2008: Federal Trade Commission Issues Revised Franchise Rule
• January 2008: Legal Resolutions for the New Year
• August 2006: Flood Damage Insurance Coverage: New Hampshire Law Provides Powerful Tool For Policyholders
• August 2006: Selling Your Business, The Inside Deal
• March 2006: Top 10 List of Suggested New Year's Resolutions for New Hampshire Companies
• May 2005: How Family-Owned Construction Firms Can Plan for Succession
• May 2005: Passing the Baton
• October 2004: Google's Dutch Auction IPO: Is There a Take Away Lesson for the Rest of Us?
• October 2004: The Dangers of Immigration Reform in a Global Marketplace
• October 2004: The Economics of H-1Bs: A Call to Strengthen the System
• October 2004: The Anatomy of a Business Sale Term Sheet
• October 2004: Real Estate Finance
• March 2004: Multi-State Survey Of Judicial Decisions From Jan. 2003 Through Jan. 2004
• January 2004: The Delaware Series Limited Liability Company: An Untested Asset Firewall
• December 2003: Protect Your Business From Employee Fraud
• December 2003: Online Filing Of Annual Reports In NH Available On 1/1/04
• December 2003: Mutual Fund Developments-What Should A Retirement Plan Fiduciary Do?
• October 2003: Cybersmears & Cyberattacks: Protecting Your Company
• 2002: Sarbanes-Oxley Act: New Criminal Liability for Destruction of Corporate Documents
• 2002: Sarbanes-Oxley May Apply To Your Company After All
• 2001: Contracts for Meeting Space - A Little Caution In Advance Will Go A Long Way

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Divorce and Family Law

• June 2007: NH Bar Question of Law: Prenuptial Agreements
• August 2007: Business Owners May Protect Assets with a Prenuptial Agreement
• June 2007: Minor Secrets, Major Headaches: Psychotherapeutic Confidentiality After Berg
• August 2006: New Hampshire Decides Case on Employee Benefits For Same Sex Domestic Partners
• July 2006: Representation of Clients in Same Sex Parenting Disputes: Too Many Questions, Too Few Answers
• April 2006: A Review of the New Hampshire Supreme Court's Decision In the Matter of Eugene Berg and Kathleen Quigley Berg
• September 2005: Frequently Asked Questions about Parenting after Divorce

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Employment Law

• June 2008: Landmark Genetic Non-Descrimination Legislation Becomes Law (originally published on June 20 in the NH Business Review)
• May 2008: NH Employees Protected from Sexual Orientation Discrimination
• May 2008: Qualifying the Term "Qualified" Worker
• May 2008: "Personnel Files" May be Broader Than You Think
• April 2008: Expansion of FMLA for Military Families
• February 2008: Do's Don'ts and How To's of Employment Background Checks
• December 2007: Verbal Bonus Promise Proves Costly to Employer
• December 2007: Creating and Managing a Diverse Team of Employees
• October 2007: The Case for Monitoring Employee Computer and Internet Usage Grows Stronger
• October 2007: Employers: Are You Treating Caregiving Employees Fairly?
• October 2007: Health and Health Benefit Legislation of Interest to New Hampshire Employers
• July 2007: Health Care Workers and the ADA: EEOC Provides Guidance
• July 2007: Employers Protecting Against Employee Blogging Risks
• May 2007: New Race Discrimination Case Potentially Imposes New Obligations On Human Resource Professionals
• May 2007: The Impact of the New Hampshire Civil Union Law on Employee Benefits
• April 2007: Scope Trials: Draft Your Severance Agreements So They Won't Evolve On You
• February 2007: Pension Protection Act of 2006 Provides Employers More Opportunities to Help Employees Save For Retirement
• January 2007: Recent New Hampshire Supreme Court Decision May Reduce The Standard To Prove Wrongful Termination
• December 2006: The ADA And The Web New Ruling Calls For Increased Accessibility To Business Websites
• September 2006: Employers Beware: Recent U.S. Supreme Court Decision Adopts Liberal Standard Of What Constitutes Retaliation
• September 2006: Charitable And Educational Organizations Take Notice: New Hampshire's Law Against Discrimination May Now Apply To You
• May 2006: How to Conduct Internal Investigations
• March 2006: Effective Risk Management: Avoid Human Resource Claims By Training Your Managers
• March 2006: Today's Top 10 List: Ways To Avoid Human Resource Claims
• December 2005: Get a Step Ahead of the Next Legal Disaster: Prepare Your Company to Manage Its Electronic Evidence
• September 2005: Complaints of Workplace Harassment and The Critical Response
• September 2005: GPS Tracking - How Much Should a Company Know When Employees Are off the Clock?
• August 2005: Employers Beware: Rights of Undocumented Workers to Damages Upheld by New Hampshire Supreme Court
• April 2005: Duties Of Retirement Plan Fiduciaries In The Wake Of Mutual Fund Settlements
• October 2004: Camera Phones In The Workplace: To Ban Or Not To Ban
• June 2004: COBRA Notice Regulations Finalized
• April 2004: Final Paycheck Deduction For Advanced Vacation Time Held To Violate NH Law
• April 2004: Commission Plans: An Incentive To Put Them In Writing
• April 2004: NH Law May Give Age Discrimination Protection For Young
• April 2004: Showing Compliance With Employment Eligibility Verification Requirements
• March 2004: Inevitable Disclosure Doctrine: A Necessary, Precise Tool For Trade Secret Law
• March 2004: Multi-State Survey Of Judicial Decisions From Jan. 2003 Through Jan. 2004
• March 2004: Effective Risk Management: Responding To Complaints Of Sexual Harassment
• December 2003: Protect Your Business From Employee Fraud
• December 2003: Mutual Fund Developments-What Should A Retirement Plan Fiduciary Do?
• November 2003: Tax Treatment Of Health Care Benefits For Domestic Partners - Clarified
• October 2003: Corporate Officers May be Personally Liable For Unpaid Wages
• August 2003: Court Follows EEOC's Broad Definition Of Supervisor
• May 2003: U.S. Supreme Court Expands The Scope Of Federal Employment Law
• April 2003: Are You Ready For April 14, 2003?
• April 2003: Operation Iraqi Freedom And Employee Leave
• August 2002: FMLA Notice Requirements Following High Court Ruling
• June 2002: Is A Business Liable For Violence In The Workplace?
• Protect Your Business From the Consequences of Departing Employees
• Put Your Commission Agreements In Writing
• What Employers Should Know About New Hampshire's Two Hour Reporting Rule

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Energy and Utility Law

• December 2007: Going Solar in New Hampshire
• October 2005: Connecting Market Design - From Carbon to Electric Capacity
• February 2004: Electricity Capacity Market Development in New England
• Subsidiary Vs. Parent: Utility Environmental Contribution Claims Against Historic Holding Company Parents
• Dec 2002: Competitive PUC Ruling Threatens Self-Generation Options for Electric Customers
• May 2002: Competitive Electric Market Is On Its The Way to Concord Electric/Exeter and Hampton Service Areas
• June 1999: Update on Negotiations Between PSNH & The State of New Hampshire

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Government Relations and Environmental Law

• June 2006: Planning Ahead To Address Environmental Issues In Your Community
• October 2005: Adoption of Existing Building Codes Makes Sense
• February 2005: Finding CERCLA Potentially Responsible Parties: Going Beyond The Basics
• October 2004: Self-Reporting Environmental Violations: When And How To Do It
• October 2004: Obtaining Insurance Coverage For Environmental Liabilities
• December 2003: Proposed Wetland Mitigation Rules Not Ready For Prime Time
• December 2003: EPA Inspects Construction Sites
• Issue Of Affordable Housing Moving Up On State Policy Agenda
• The Internet: To Tax Or Not To Tax
• Improving Your Environmental Compliance
• New 2003 Federal Tax Bill Offer Better Benefits for Businesses
• Court Follows EEOC's Broad Definition Of Supervisor
• The Benefits Of A Downtown Development Program
• What's Cooking At The State House?
• 2003 Legislative Review: What Impacts To The State's Business Community
• August 2003: A Review of Environmental Laws Passed in the 2003 Legislative Session
• May 2003: Every Drop of Water Does Count
• 2002: Regulatory Update: New Federal Regulations Require Amendments of Your SPCC Plans
• 2002: Enforcement: Advantages to Self-Reporting
• 2002: Emergency Planning and Community Right-to-Know Act (EPCRA)
• July 2002: Investing in Mental Health Parity Provides Return on Investment to Employers
• April 2002: Toxic Mold: What You Don't Know May Hurt You
• Environmental Law Handbook, 2nd Edition
• December 2000: Beware The "Precautionary Principle"
• October 1999: Most Residential Real Estate Transactions Now Affected By Federal Lead Paint
• October 1999: Never Overlook Insurance Coverage For Environmental Claims
• Federal Law Clarification of Lender Liability
• December 1997: Just When You Thought It Was Safe To Go Back Into The Water: Private Property
• Recent Developments in Environmental Law
• State Unveils Draft Policy On Natural Attenuation of Contaminated Sites
• Old Insurance Coverage Protects in "Long Tail" Environmental Liability Cases
• Water Regulation Coming To The Forefront
• Preparing For And Handling Environmental Inspections
• Land Development and Conservation: Why Not Both?
• Sensible Water Policy for New Hampshire
• Environmental Issues in Real Estate Transactions

Health Care Law

• May 2008: Preserving the Confidentiality of Children's Medical Records in New Hampshire
• March 2008: Avoiding Legal Traps in Health Care Growth with Non-Profits
• March 2008: Where Does the Physician's Duty to Warn End?
• December 2007: Your Duty As A Healthcare Professional To Report Elder Abuse
• November 2007: Nursing Ratios: Wave of the Future?
• October 2007: Property Tax Exemptions for Healthcare Providers Under Fire by Cities and Towns
• October 2007: Health and Health Benefit Legislation of Interest to New Hampshire Employers
• July 2007: Health Care Workers and the ADA: EEOC Provides Guidance

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Immigration Law

• June 2008: Getting from There to Here: A Business Immigration Primer (Published in the NH Bar Journal, Spring 2008: http://www.nhbar.org/publications/display-journal-issue.asp?id=398)
• February 2008: Mark Your Calendars and Call Your Congressmen: The H-1BS are Coming... But Not For Long
• November 2007: Employment and Immigration Law Action Alert: USCIS Announces Changes to Mandatory I-9 and M-274 Forms
• October 2004: The Dangers of Immigration Reform in a Global Marketplace
• October 2004: The Economics of H-1Bs: A Call to Strengthen the System
• Machine-Readable Passport for Visa Waiver Program
• Traveling Abroad During A Time Of Change: Tips for U.S. Companies Employing Foreign Nationals (April 2003)

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Intellectual Property

• April 2007: Trademark Counterfeiting
• March 2007: Use of Competitive Business Names on the Internet
• March 2004: Inevitable Disclosure Doctrine: A Necessary And Precise Tool For Trade Secret Law
• October 2003: Cybersmears & Cyberattacks: Protecting Your Company
• Advertising Injuries: Are You Covered?
• Selecting Good Trademarks
• How To Protect Trade Secret Information In Computer Programs When Seeking Copyright Registration
• September 2002: The Cutting Edge of Trade Secrets - How Far Should The Law Go To Prevent Misappropriation By Memory And Inevitable Disclosure?
• May 2002: An E-Mail Explosion - The Internet Bursts Into The Courtroom
• Will Your Web Site Subject You To A Lawsuit In Any State In The Country?
• February 2001: Protect Yourself From Internet Copyright Infringement
• Enjoin That Infringement!
• August 2000: A Link To A Copyrighted Web Page May Constitute Copyright Infringement
• May 2000: Protecting the "look and feel" of your website: Intellectual Property Considerations
• The Best Kept Secret - Is a "Trade Secret!"
• If You Sit On Your Patent Rights, You May Lose The Right To Enforce Your Patent
• October 1999: Meta-Tags, Hidden Text, and Initial Interest Confusion: A new wave of trademark infringement cases that owners and operators of websites should know about
• October 1999: Patentability of Business Methods
• October 1999: Federal Registration of your Trademark or Logo
• September 1999: Can You License a Copyright With Just An E-Mail?
• February 1999: Choosing A Trademark or Corporate Logo
• What You Should Know About The Internet and Privacy Protection
• To Link Or Not To Link - That Is The Question
• Global Trademark Strategy - European Community Trademark
• PATENT 101 - When Should You File Your Patent Application?
• Why Register Your Copyright? Because You Can't Afford Not To
• Protecting Your Trademark or Service Mark From Infringing Domain Names
• New Domain Name Dispute Policy a Boon to Trademark Owners
• Maximize The Intellectual Property Rights in Your Domain Name - Use it as a Trademark/Service Mark
• Information Policies: How To Keep Your Corporate Assets Secure

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Litigation

• April 2008: Technology Transforms Law: From electronic discovery to computer animation, cases are being tried in new ways (.pdf format)
• April 2008: Working with Therapists - What You Need to Know
• July 2007: Lord v. Lovett: The Loss of A Chance Doctrine In Medical Malpractice And Potentially Other Cases
• April 2007: Electronic Discovery: Litigation Crashes into the Digital Age
• Oct. 2006: Evaluating Heart Attack Cases Requires Familiarity with Diagnosis
• Sept. 2006: Power of Attorney Accountability Thwarts 'License to Steal'
• August 2006: New Law Allows Employee Leave For Court Proceedings
• May 2006: The Anna Nicole Smith Decision and Estate Litigation
• June 2006: Liability in the Construction Industry: How Long are Design Professionals and Contractors Exposed in New Hampshire?
• Get a Step Ahead of the Next Legal Disaster: Prepare Your Company to Manage Its Electronic Evidence
• Cease-and-Desist Letters: What to Do When Your Business is Accused Of Patent Infringement
• NH Supreme Ct. Changes Rules For Shareholder Suits
• How Can Businesses Handle E-mail To Avoid Legal Problems?
• 2005: The Best Defense to Construction Litigation - Don't Get Sued
• 2004: Computer Animations As Demonstrative Evidence
• 2004: State Tort Reform
• 2004: Profile of a Birth Injury Case
• 2004: Probate Litigation: Ten Lessons For Estate Planners
• 2004: Physician and Nurse Depositions: Superior Court Rulings
• 2004: Multi-State Survey Of Judicial Decisions From Jan. 2003 Through Jan. 2004
• 2003: Protect Your Business From Employee Fraud
• Subsidiary Vs. Parent: Utility Environmental Contribution Claims Against Historic Holding Company Parents
• The Collateral Source Rule As a Rule of Evidence
• Elimination of the Ad Damnum Clause: Arguing an Amount to the Jury
• The Loss of a Chance Doctrine
• Hedonic Damages
• Tort System Crisis
• The Work Product Rule
• The Use of Experts in Medical Negligence Cases: Selection and Communication
• The National Practitioner Database
• The Law of Depositions: A Quiz
• Law of Medical Malpractice: Bronson v. Hitchcock Clinic (.pdf format)
• Loss, Alteration, or Destruction of Evidence: The Spoliation Problem (.pdf format)
• Medical Liability Issues: Admissibility of Habit Evidence (.pdf format)
• The "Error in Judgement" Instruction in Medical Negligence Cases (.pdf format)
• Case Investigation (.pdf format)
• Interrogatory Answer Preparation: An Advocate's Opportunity (.pdf format)
• Computer Factual Research (.pdf format)

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Taxation

• January 2007: The NH Real Estate Transfer Tax: Traps for the Unwary
• November 2006: Using An IRA For Charitable Giving, A New Opportunity
• Law provides favorable tax treatment for plaintiffs
• June 2004: COBRA Notice Regulations Finalized
• November 2003: Tax Treatment Of Health Care Benefits For Domestic Partners - Clarified
• The Internet: To Tax Or Not To Tax
• Limited Liability Companies in New Hampshire
• Employee Stock Ownership Plans and Trusts: Benefits for Closely Held Businesses and Business Owners
  • Outline by Steven M. Burke (Word format)
  • Presentation (PowerPoint required for viewing)
• Tax Issues With Elder Care
• HCPA Annual Tax Forum (Nov 15, 2001): "Individual income tax aspects of the Economic Growth and Tax Relief Reconciliation Act of 2001"
  • Article by Steven M. Burke and Emma J. Hilton (Word format)
  • Presentation (PowerPoint required for viewing)

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Trust and Estates

• August 2007: Is it Time to Visit Your Estate Planner?
• May 2007: New Hampshire's Modern Plan For Trust Management
• January 2007: The Creation Of Family Fiduciary Service Companies May Make New Hampshire A More Attractive Place For Wealthy Families' Trusts Administration
• New Hampshire's New Trust Act A Boon To Local Businesses
• How Family-Owned Construction Firms Can Plan for Succession
• Passing the Baton
• Granitecare: Married Seniors And Nursing Homes Beware
• 3 Volume Treatise on New Hampshire Probate Law and Procedure
• 1 Volume Treatise on New Hampshire Wills, Trusts and Gifts
• International Wills Act
• Repeal of the Federal Estate Tax