New Hampshire Bar Journal

Fall 2015 • Vol. 55, No. 2 • General Issue

Making a Place for Art: Melissa Anne Miller
Fashion Design & IP By Leigh Willey
Artists in the Law: Haden Gerrish, Lynne Sabean, Paul Durham
Protection for New Hampshire’s Art Market: Revision of RSA 352 to Reflect Market Reality By Amanda Nelson and Peter McGovern
Employing Creativity: Art, Law, and the Employment Relationship By Tawny L. Alvarez
Copyright Protection: from Monkey Selfies to Cezanne By Kimberly Peaslee
Matter of Skirball Cultural Center: USCIS Dabbles in the Arts By Lorne M. Fienberg

HIPAA One Year Later: Is Your Law Firm Complying? By Charla Bizios Stevens and Hannah E. Zaitlin
Exposing the “DIRTY LITTLE SECRET”: Random Drug Testing of Health Care Workers in the Wake of the Hepatitis C Outbreak By Mark A. Abramson, Jared R. Green
& Lindsey B. Gray
ABANDONED EMBRYOS: The Dilemma of Eternal Storage By Catherine Tucker
A STRATEGIC MOVE: Relocating a Trust from Massachusetts to NH By Joseph F. McDonald, III
Lex Loci By David W. Ruoff

ERISA: US Airways v. McCutchen: When Is It Appropriate for a Plan to Take it All? By Francis G. Murphy
Child Hit by Drunk Driver on Street is an Occupant of his School Bus for Underinsured Motorist Coverage Purposes By Heather V. Menezes
The Supreme Court’s Dichiara Decision – Expanding Municipal Immunity With Troubling Implications for Victims of Municipal Torts and Municipal Employees By Jason R.L. Major
History of Involuntary Commitment Statute in New Hampshire By Dr. Alexander de Nesnera and Hannah Baldwin
Rollinsford Revisited: The Sacred and Profane Memories of Chief Justice Charles Doe By Jay Surdukowski
Lex Loci By David W. Ruoff

Mandatory Reporting Laws & Schools: Making Sense Out of Disorder
The Emergence and Evolution of Faculty Unionism By Nicholas DiGiovanni, Jr.
The Demise of Residency in Public Education By Sarah Browning, J.D. and Lynda Thistle-Elliott, Ed.D.
School Suspensions: Do You Know How Many Children Are Suspended in New Hampshire? Should You Care? By Michael Chamberlain
Claremont Redux By Eugene M. Van Loan, III
Avoiding Claremont: Considering Yet Another Consitutional Amendment By Andru Volinsky
Lex Loci By David W. Ruoff

The Early Offer Alternative in Medical Malpractice Litigation: A Statutory Trap to Limit Liability By Holly B. Haines with contributions by William D. Woodbury
The Invention of the New Hampshire Super PAC By Jay Surdukowski
The Minefield of Threats in Litigation By William C. Saturley and Beth H. Kissinger
New Hampshire Creditor Protection Trusts: A Brief Practical Guide for New Hampshire Lawyers By David K. Mulhern and David P. Lyons
Narrow Banking: A Structural Solution to the Banking Crisis
Confrontation v. Hearsay: Crawford v. Washington and its Progeny By Sam Silverman
Lex Loci By David W. Ruoff

Family Division Update: Q&A with Circuit Court Administrative Judge Edwin W. Kelly By Margaret R. Kerouac
Compromising the Best Interests of New Hampshire’s Children: The Failure to Fund Guardians ad Litem for Children Living in Poverty
How to Try a Case Without a Guardian ad Litem – When You Really Need One By Attorney Deborah Kane Rein,
Esther Kane Dickinson and Gregory L. Silverman
Divorce in the Trenches By Anna Goulet Zimmerman
Interdisciplinary Collaborative Practice By Jane M. Schirch, Lisa B. Forberg, Karen Ela Kenny, W. John Dulmage
Protecting a Domestic Abuse Victim’s Privileged Counseling Communications in Family Law Cases By Attorneys Mary Krueger and Dennis Labbe
Joint Retention of Financial Experts in Divorce By Heidi Walker
The Intersection of the Mandatory Initial Self Disclosure Rule with Disclosure of Interests in Trusts and/or Inheritances By Karen J. Levitt
Germany and the White Rose By Hon. John M. Lewis

NH Bar Association Ethics Committee: Advancing Professionalism in the 21st Century By Maureen D. Smith, Chair
The Case Within the Case: Examining How New Hampshire Courts Approach the Trial of a Legal Malpractice Claim By John C. Kissinger, Jr., Christopher D. Hawkins, and Samantha L. Yanco
The Anders Brief, State v. Cigic, and Does Cigic Deliver What It Promises? By Joshua L. Gordon
Dancing in Secret: The Ethical Dilemma of Disclosure and Confidentiality in Trade Secret Cases By William C. Saturley and Beth H. Kissinger
The Morally Ambiguous Advocate By Kirk C. Simoneau
Conducting Ethical Internal Investigations: Considerations for Corporate Counsel By Gemma Dreher, Kara Sweeney and Anthony Estee
Supreme Court Fellows Program: A Unique Vision of the Federal Judiciary By Monica Fennell, Matthew Duchesne, Sirkka Kauffman, and Elizabeth Woodcock
Lex Loci By David W. Ruoff

Siri is my Client: A First Look at Artificial Intelligence and Legal Issues By John Weaver
NH Rule of Evidence No. 504: The Marital Privilege in the Age of Email, Texting and Social Media By Peter Lawlor
Riding the Wave: Social Media in Local Government By C. Christine Fillmore
The Interaction of Social Media and the Law and How to Survive the Social Media Revolution By Steven J. Venezia
OMG, TMI: Civil Discovery and Social Media By John Alexander
Client or Con? Con Artists Excel on the Internet at Making Lawyers Their Marks By Ellen Eidelbach Pitluk
Balancing Civil Liberties with Clinical Care: Reviewing the Recent Change in the Involuntary Admissions Statute By Alexander de Nesnera, M.D., DFAPA, Paul Shagoury, Ph.D, and Elizabeth Howell Woodbury, Psy.D.
Lex Loci By David W. Ruoff

Substantial Confusion: The Use and Misuse of the Word “Substantial” in the Legal Profession By Michael J. Malaguti
Closing the Loopholes: New Laws for ‘In Terrorem’ (No Contest) Clauses in Wills and Trusts By Nadine M. Catalfimo and Charles A. DeGrandpre
A Primer on New Hampshire First-Party Property Insurance By Caryn Daum
Concussions and Student-Athletes: Medical-Legal Issues in Concussion Care & Physician and School System Risks By Stuart J. Glassman, M.D. and Bradley D. Holt
Timeline of a High-Conflict Divorce
Patent Trolls: Who, What, Where & How to Defend Against Them By Christopher T. Vrountas, Richard S. Loftus, and Cori Phillips Palmer
Workers’ Compensation: Appeal of Margeson and Expansion of the Substantial Contribution Test By Daniel R. Lawson
The “Seven Years War” Between New Hampshire and the United States By Richard B. Treanor
Lex Loci By David W. Ruoff

Introduction
Does the U.S. Need a “Right to be Forgotten”?
A History of Civil and Criminal Commitment Statutes in New Hampshire
Dormant Mistakes: The Statute of Limitations in Professional Negligence-Discovery, Fraudulent Concealment, and the Continuous Representation Rule
Trusts & Divorce – Good, Bad & Ugly: New Rules for the Treatment of a Spouse’s Discretionary Trust Interests & Powers of Appointment in Divorce Under UTC Article 5 & Goodlander