(Published in the New Hampshire Business Review, February 2011). Q: The manager of ABC Company, Mr. Jones, receives a complaint from an employee, Ms. Smith, that she is being sexually
Know The Law: Personal Guarantee of a Business Owner’s Spouse?

Q: As a business that frequently extends credit to business customers, we often insist on personal guarantees from the owners of our business customers. Is it appropriate for us to
There May Be More In That Contract Than You Think

In a recent opinion issued by the New Hampshire Supreme Court, the Court, for the second time in two years, reaffirmed the concept that people who enter a contract have
Is There a Bully in Your Workplace?
(Published in Business NH Magazine, January 2011) Identifying and Responding to Offensive Workplace Behavior “Workplace Bullying: Is it HR’s Responsibility to Control?” This seemingly simple question posted on the Linked
Know The Law: Uniform Commercial Code

Q: We are a watch manufacturing company. When a customer experiences a problem with one of our products, we offer to repair or replace the product. Repairs generally take six
Know the Law: Purchasing Commercial Property at Foreclosure

Q: I’m interested in purchasing a commercial property at foreclosure and moving my business operation into it, but I’d like to check out the property before doing so. Where can
Red Flags Rule Legal Update
(Published in the New Hampshire Business Review, January 2011) In early December 2010, a broad range of unsuspecting companies were required to comply with the Red Flags Rule and create
A New Year’s Resolution Worth Making For Your Family’s Sake

On New Year’s Day, most of us take a moment to stop and examine our lives and resolve to make a change or two. We’ll eat better, we’ll exercise more,
A Review of Fault Grounds and Defenses in New Hampshire Divorce Actions
A Review of Fault Grounds and Defenses in New Hampshire Divorce Actions, Trial Bar News, Winter 2010. To view the full version of the article, please click here.
Know The Law: Mechanic’s Lien – 12/2010
Published in the Union Leader This question was answered by Joel Emlen of the McLane Law Firm Q: I am scheduled to perform work on a construction project and want
Exactly What is a Disability?
(Published in New Hampshire Business Review, December 2010) EEOC is Busy at Work Enforcing Discrimination Laws and Broadening its Reach Diane is the Human Resource Director for a medium sized
NH Steps Up Efforts to Ferret Out Employee Misclassification
(Published in Concord Chamber News, December 2010) For some time now the issue of employee classification or misclassification has been in the forefront in New Hampshire and throughout the nation. Administrative
Know The Law – Firing an Employee Due to FaceBook Comments – 11/2010
Published in the Union Leader Q: I own a private gym that specializes in pairing customers with personal trainers. Someone tipped me off last week that one of my personal
Changes to Health Care Plans Effective January 1, 2011 – What Employers and Employees Need to Know

National health care reform became a reality in March of 2010 by the passage of two pieces of federal legislation. The legislation is designed to provide access to health insurance
Know the Law: Withdrawing 401K Money for Hardship

Q: I own a small embroidery shop and one of my employees has asked to take money out of her 401(k) retirement plan – her husband has incurred a lot
Probate Litigation Quiz: Statute of Limitations For Breach of Trust Claims

Q: A trust beneficiary wishes to bring a claim against the trustee for a 2005 defalcation of funds. The trustee disclosed the defalcation to the beneficiary in 2005. May the