A recent decision from the New Hampshire Supreme Court upheld a trial court’s denial of alimony to an incarcerated spouse. The Supreme Court reasoned that during the incarceration the former spouse’s basic needs will be met and, thus, he/she does not lack sufficient income property or both to provide for his/her reasonable needs. Because the incarcerated former spouse does not…
It is common in a divorce case where one party with access to marital funds either spends or transfers property, thereby denying his or her spouse the benefit of the property. A recent New Hampshire Supreme Court Decision affirms that a divorce court has the authority in such instances to award the other spouse one-half of the property, even though…
Many divorce decrees provide that alimony shall terminate when the recipient spouse is cohabitating with an unrelated adult of the opposite gender. While termination of alimony is common in divorce decrees, the lack of a definition of “cohabitation” has made it difficult for the trial court and for individuals to determine when the provision is applicable. The New Hampshire Supreme…
Negative remarks about a worker being “insecure”, “fragile”, or “immature” are gender neutral comments that do not form the basis to support a valid gender employment discrimination claim under federal law. This issue was addressed in the April 10, 2012 United States Court of Appeals for the First Circuit Decision of Myrta Morales-Cruz v. University of Puerto Rico School of…
Cloud computing is here to stay and will continue to change the way companies store data. Because your company will be charged only for the space you need and use, the option may be an attractive way to save money. However, before making what may seem to be a cost effective decision there are many factors to consider. Security: By…
If an employee is discriminated against, paid less than what she is due in compensation, or has other adverse employment actions taken against her, the remedy does not always have to be sought solely against the entity that is the payor on her pay check. Both the legislative and judicial branches of the federal and state government have recognized that…
In October I authored an article herein discussing the John Balsamo v. University Systems of New Hampshire (hereinafter “UNH”) case in which the Court had dismissed some of the claims by Mr. Balsamo including the claims against individuals at UNH involved in the firing of Mr. Balsamo. As that time, the Court stated it would consider the remaining claim of…
Your new neighbor moves in next door and in considering building an expansion, has a survey done of his lot. The surveyed boundary line causes you to loose approximately 20 feet off what you and your previous neighbor were treating as the boundary. Your question then becomes whether or not you have the right to claim the property by adverse…
Te read Part One of this article: Click Here. Back in December of last year we published a short article about Crowdfunding; well the JOBS (Jumpstart Our Business Startups) Act has passed both the House and the Senate and clears the way to “crowdfunding” as a method to raise business capital. The bill originally passed in the US House in…
If you have formed a small company and are looking for a way to grow the business and have exhausted your capital sources, the Small Business Innovation Research (SBIR) program is worth taking a look at as a way to fund continued development. It is a highly competitive program that encourages US based small businesses to engage in research and…