For an employee to successfully claim that his employer retaliated against him for filing a discrimination claim he would need to show that he suffered a materially adverse employment action. Failure to get a desired office space or job assignment may not be enough to bring a discrimination claim. In the decision of Rebecca Lockridge v. University of Maine System,…
You may feel once you have filed the paperwork with the state and obtained a tax identification number (EIN) that your company is formed. This is not true; you have only completed the beginning of the process. If your entity is a limited liability company, you will need an operating agreement; this is true even if you are the only…
In 2005 the New Hampshire legislature substantially amended the divorce and custody statutes in New Hampshire. The terms physical custody and legal custody are no longer used; instead, the statute (RSA 461-A) uses the terms parental rights and responsibilities. RSA 461-A mandates that in formulating a parenting plan there is a presumption that both parents will have “joint decision making…
The New Hampshire Supreme Court was asked, (Martel and Martel, March, 2008) to determine whether poor investment decisions made during the marriage by one spouse could result in an uneven property division in a subsequent divorce. In Martel, the parties were married in 1985 and twenty years later the wife filed for divorce. The trial court granted a divorce and…
The Federal Trade Commission (“FTC”) adopted in January, 2007, after a twelve-year regulatory review, a final amended Franchise Rule, with a Statement of Basis and Purpose and Regulatory Analysis. The 2007 Franchise Rule represents the first time the FTC has amended its Franchise Rule (the “Original Franchise Rule”) since 1978. Under this Franchise Rule all franchisors are required to use…
Most people who own a car in New Hampshire have their car insured. While we are all given copies of the insurance policy that we purchase, few of us take the time to sit down and read the policy word for word. An automobile insurance policy can vary greatly depending upon the types of coverage you purchase and the amount…
The New Hampshire Supreme Court has clearly articulated the rule that a land owner generally has no obligation to protect a neighbor from wild animals that are present on the land owner’s property in the case of Belhumeur v. Zilm (May, 2008). The parties in this case lived next door to each other. A colony of wild bees built a…
When purchasing foreclosed properties at foreclosure auctions or later purchasing foreclosed properties from the bank which bought the property back at its own foreclosure sale, the old chestnut caveat emptor (or buyer beware) has taken on new meaning in light of several recent Massachusetts cases challenging the validity of certain foreclosure sales. The issue raised is whether, at the time…
Most people understand that a worker may be held responsible in a civil action for his own negligence at work which causes injury to others or for his knowingly criminal conduct at work. What workers must also understand is that under certain criminal statutes they may be held individually liable for their own negligent conduct even if conducted within the…
If you are in business or just starting a new business, at some time your company will either be asked to execute a Non Disclosure Agreement or your company will want another party to execute an agreement that requires the receiving person or entity to protect your company’s confidential information. These Agreements are sometimes called confidentiality agreements or limited use…