Published in NH Business Review (10/30/2018) In an important, but expected move, the National Labor Relations Board has issued a proposed rule revising the legal test that is used to
Know the Law: Legal Fees Generally Aren’t Recoverable
Q. I have a strong legal claim against a business competitor, but I am concerned about the cost of litigation. Assuming I prevail, will I be able to recover my
On First Anniversary of #metoo EEOC Reports an Increase in Sexual Harassment Claims
Have you wondered what has happened with sexual harassment since the advent of the #metoo movement? Or what the Equal Employment Opportunity Commission (“ EEOC”) has seen in terms of
Guidelines For Legal and Effective Interviewing
A vital component in the hiring process is the employment interview. In order to hire the most qualified applicant, managers and employees who participate in the selection process must be
Know the Law: Who Owns Intellectual Property Created by Employees?
Q: Who owns intellectual property created by employees? A: It is widely assumed that when someone is hired to create a work product, intellectual property rights will be owned by
Retaliation Remains Top Concern for Employers Today – Will Your Managers Recognize It When They See It?
Q. Eric complained internally about harassment due to teasing and jokes by co-workers based on his accent. He later filed a charge of discrimination against his employer BigCo, Inc., alleging
NLRB Reverses Course on Standard for Evaluating Employee Handbook Rules
Published in NH Society of CPA’s Connections Newsletter (9/27/2018) On December 14, 2017, the National Labor Relations Board (Board) discarded its longstanding and employee-friendly approach to determining whether a facially
South Dakota v. Wayfair, Inc., Supreme Court Changes the Rules for Sales Tax Collection
In a long awaited decision reversing 26 years of precedent, on June 21st the United States Supreme Court ruled in South Dakota v. Wayfair, Inc., that states and other taxing
Finding Safe Harbor in an In Terrorem World
As noted in a prior post by Ralph Holmes, in terrorem or “no-contest” provisions are becoming increasingly common in estate plans in New Hampshire. Such provisions are intended to discourage
Know the Law: Applying for a STEM Extension
Q: I have a student visa and I am working in Optional Practical Training (OPT) after receiving my master’s degree. I would like to apply for a STEM extension, but
Everything Is Not Terminator: We Need the California Bot Bill, But We Need It to Be Better
I am on record in a number of publications as interpreting the First Amendment literally when it comes to freedom of speech for artificial intelligence (“AI”). The First Amendment does
If You’re a Shareholder of a NH S Corp, You Might Be Making a Mistake
As you may know, on Dec. 22, President Trump signed into law, as part of the Tax Cuts and Jobs Act of 2017, an amazing new provision of the Internal
The BUILD Act: Revisions to Environmental Due Diligence and Brownfields Affect Who is Liable and How
Last March, Congress passed the massive Consolidated Appropriations Act, (known as the Omnibus Act) (https://www.congress.gov/bill/115th-congress/house-bill/1625/text) to fund the government and avoid a shutdown. Included in the Omnibus Act is the
Know the Law: Can I Record Conversations at Work?
Q: My supervisor at work says a lot of discriminatory things. Can I secretly record our conversations to try to “catch him in the act” and use the recordings as
What to Make of the Masterpiece Cakeshop Case
Published in NH Business Review (8/31/2018) U.S. Supreme Court’s ruling in favor of baker in same-sex wedding cake refusal leaves unanswered questions. On June 4, in the case Masterpiece Cakeshop
Omarosa’s Secret Workplace Recordings Would Have Been Illegal If They Were Made In Massachusetts
Reality-TV-Star-Turned-White-House-Staffer Omarosa Manigault Newman recently grabbed headlines with her tell-all book about her short but dramatic tenure in the West Wing. Some of the most eyebrow-raising revelations came from the