As discussed in a recent blog article, the New Hampshire Supreme Court In re the Estate of Couture determined that a constructive trust may be used to reach proceeds from an ERISA benefit after the beneficiary receives the payment. In rendering its decision, the Couture court also discussed the standard needed for the trial court ... more

The Employee Retirement Income Security Act of 1974, commonly referred to as “ERISA” is a federal statute that governs many employer-based benefits such as pensions, IRAs, 401(k)s and other retirement benefits as well as employer-provided insurance benefits such as life insurance, health insurance, dental insurance, disability insurance, etc. Because ERISA is a federal statute, it ... more

Concierge Medicine is a system in which the doctor or the practice limits the number of patients in the practice and in exchange for this the patient pays an annual fee. Traditionally this type of practice was limited to the wealthy that were making the decision that an annual fee was worth the increased access. ... more

In a divorce case, the parties’ retirement accounts, such as IRA, 401k, pension plans are often divided between the divorcing spouses. The final divorce decree will usually contains language that states one spouse releases the other from any claim they may have against the others estate. However, this language does not change who the spouse ... more

When buyer of a business is a victim of fraud by the seller, New Hampshire law generally provides two alternatives for recovery. When a party enters into an agreement in reliance upon a misrepresentation of material fact, he may either seek to rescind the agreement or proceed with the transaction and then sue for misrepresentation.  ... more