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Bar News - May 5, 2006

The W I R E - NH Law Firms Covering the Law

Many NH law firms are producing e-newsletters and articles published online that provide clients and other subscribers with timely information about legal developments in specific practice areas. The Wire is our name for an occasional column highlighting such items.


Devine Millimet Employment Newsletter

Employees Of A Company’s Parent Corporation Do Not Count For Purposes Of Determining Whether The Employees Of The Subsidiary Qualify For Family Medical Leave Act Protection

By: Nancy Boudreau


An employee who has completed one year of service and who works 1250 hours per year is eligible for FMLA coverage if they are part of a group of 50 employees in a 75 mile radius. In its recent decision in Leeanne Engelhardt v. S.P. Richards Company, Inc. and Genuine Parts Company, Case No. 04-cv-120-PB (D.N.H. 12/29/05), the New Hampshire Federal District Court made clear that for purposes of determining whether the 50 employee test has been met, a subsidiary employer need only count its own employees and not those of its parent corporation, where the parent does not control the subsidiaries’ labor relations policies.


Gallagher Callahan & Gartrell
Financial Services

An Effective Code of Conduct for Banking

February 8, 2006

By Denis J. Maloney and Susan N. LeDuc 

“The FDIC recently issued guidance to regulated financial institutions emphasizing the importance of an effective internal corporate Code of Conduct or Ethics Policy to the promotion of fair and ethical actions that are a fundamental basis to good business practices. In FIL-105-2005, released on October 21, 2005, “Corporate Codes of Conduct — Guidance on Implementing An Effective Ethics Program,” the FDIC has taken the opportunity to expressly remind Boards of Directors/Trustees of the importance of written standards to promote honest and ethical conduct, and compliance with applicable laws and regulations, by all individuals involved with an institution. The nature of banks as regulated institutions imposes special obligations upon a bank, its directors, officers and employees to respect and protect the rights and assets of others, whether customers, shareholders, other employees or affected companies.”


Preti Flaherty

E-privacy in the modern office

By: Jeffrey Peters

“Employees are using their work computers for a lot more than work. More than a third of the respondents to a recent survey admitted to searching for a new job from their current employer’s Internet connection.”


Donahue, Tucker & Ciandella

A series of articles on land-use law, written last fall, of interest to practitioners:

Requirements for Variance, by Christopher L. Boldt

Appeals of ZBA and Planning Board Decisions, by Michael J. Donahue and Charles F. Tucker

Stays in Zoning Board and Planning Board Appeals, by Robert D. Ciandella

Eminent Domain – Kevo v. New London, by Haden Gerrish

Checklist for appeals by Robert M. Derosier


Nelson Kinder Mosseau & Saturley
Professional Liability Update

Statute of Limitations Suspended in
Criminal Defense Malpractice Claim - N.H.

“Post-conviction relief is a required element of legal malpractice against a criminal defense attorney, the New Hampshire Supreme Court decided.  This means that the statute of limitations on any potential claim does not begin to run until the criminal defendant’s conviction is vacated — even if that occurs many years after the conviction.  Therrien v. Sullivan (July 27, 2005)


Its Web site also has a legal blogs section with recently updated blogs for Medical Malpractice and College/University law, which includes the following item, dated April 19, 2006:

Workplace Surveillance - “The Massachusetts Supreme Judicial Court recently dismissed a receptionist’s claim that her privacy rights were violated by her employer’s videotaping the interior of the office with a surveillance camera without so informing her. The receptionist changed and applied prescription ointment to a sunburn behind partitions in a rear area of her the office area during the time that the surveillance camera was videotaping. The Court reasoned that the receptionist did not have a reasonable expectation of privacy under Massachusetts law or the U.S. Constitution such that her claim could survive. “


Abramson Brown & Dugan, Manchester

Newsletters and articles on Health Care and Medical Malpractice law. Recent articles include:

Discovery in New Hampshire’s Federal District Court: Play By The Rules Or Else

By Mark A. Abramson and Kevin F. Dugan “In an age where the vast majority of cases settle before trial, the real battleground in civil litigation is discovery. Discovery disputes are more frequent and more contentious these days. In New Hampshire’s federal district court, the task of resolving the majority of those discovery dispute falls upon United States Magistrate Judge James Muirhead. Whether you represent a plaintiff or a defendant in federal court you can rest assured that Judge Muirhead will demand strict compliance with the rules of civil procedure and that, above all else, he will ensure that relevant information is not hidden.“

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