Published in NH Business Review (11/20/2018) Online reviewers wield a lot of power. In just one click, they can hand out the dreaded one-star review without any evidence to support
Investigating “He Said She Said” Claims
Published in NH Business Review (11/20/2018) In an ideal world, sexual harassment allegations always would be buttressed by reliable eyewitnesses and/or physical evidence (surveillance footage, text messages, etc.). As events of
Arbitration Provisions for Cross Border Contracts
There are as many opinions on alternative dispute resolution and arbitration as there are lawyers, most of them strongly held. As a general rule, I tend to favor judges and
Time to Zone In On Qualified Opportunity Funds
Buried in the 2017 tax bill is a tax deferral and basis step-up provision aimed at luring investors to fund real estate development projects and new businesses in distressed, low-income
Everything Is Not Terminator: Public-Facing Artificial Intelligence Policies – Part 1
(This is part 1 of a two part series. To read part 2, click here.) For some time now—in response to the California Online Privacy Protection Act, Canada’s Personal Information
Know the Law: When Key Employees Use Family Medical Leave Act
Published in the Union Leader (11/5/2018) Q: Our highest paid executive employee has asked to take leave under the Family and Medical Leave Act (“FMLA”). Losing her for 12 weeks
Fix Your Obsolete Estate Plan
Co-written by: Melinda Davis, Davis Wealth Advisors The Tax Cuts and Jobs Act of 2017 can mean good news for folks standing to inherit property. Until recently, many people used
The NLRB’s New Proposed Rule Seeks to Bring Stability to the Joint Employer Standard Under the National Labor Relations Act
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