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During the 2011 legislative session, Senate Bill 92 (SB 92) was adopted establishing a statutory commission to “review the relationship between business and government.” This description understates the purpose…more
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Biotech (and other emerging technology) companies run into a variety of problems obtaining funds from venture capitalists and other traditional investment sources. Their technology may be too far from the point of commercial…more
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The Patient Protection & Affordable Care Act (PPACA) imposes a number of mandates, on individuals, employers and insurers. While some mandates have been highly publicized others, including the requirement that employers…more
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In Massachusetts, there are two apparently conflicting statutes governing an appeal from the issuance of a building permit. G.L. c. 40A, §8 and 15 requires that an appeal of a building permit be filed to the zoning…more
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In 1998, two cases involving the concept of “personal goodwill” opened the door to a strategy for avoiding the double taxation to which C corporations and their shareholders can be subject when assets of the C…more
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Each year we review the Top Ten most common wage and hour violations in New Hampshire. The stakes for noncompliance with these wage laws are higher than ever before. Employers need to pay attention to these violations to…more
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On August 12, 2011, the U.S. Securities and Exchange Commission (“SEC”) put into effect new rules which establish a program of monetary bounties for whistleblowers that bring original information to the attention…more
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Imagine the following: Your business has a banner year, but when word leaks that sales staff will not be receiving the discretionary year-end bonus, one of your key sales employees decides to pursue an opportunity with a…more
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In this issue:
Minimizing the Risk of Data Theft Through Cloud Computing
Keeping Up with Technology and Ahead of Your Competition
Imagine the following: Your business has a banner year, but one of your…more
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The Federal Trade Commission (FTC)’s revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Guides”) address endorsements by consumers, experts, organizations and celebrities, as well as the…more
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In This Issue:
- Shareholder Voting on Executive Compensation Begins by Michael J. Drooff
During the recently-completed 2011 proxy season, public company shareholders voted on executive compensation for the first time…more
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An Employee Stock Ownership Plan (“ESOP”) is a tax-qualified defined contribution employee benefit program intended to invest in the stock of the plan sponsor company. To establish an ESOP, the sponsor company creates a trust…more
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Awareness of the potential risks from indoor air contamination has existed for decades. In 2002, the Environmental Protection Agency issued a “Draft Guidance for Evaluating the Vapor Intrusion to Indoor Air Pathway from…more
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In the never-ending tussle between employer and employee rights, employees have won another one. Under Massachusetts law, a court is unable to toll or otherwise extend the duration of a non-compete agreement or other restrictive…more
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There is a trend emerging from courts sanctioning parties who fail to preserve evidence, particularly electronically stored information (“ESI”). Several courts have indicated that companies should not allow employees directly…more
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