Corporate & Business
Managing Partner Gary R. Pannone's article on "Best Practices Checklist for Effective Nonprofit Management" is published in the Rhode Island Small Business Journal.
The board of trustees of a nonprofit organization has a fiduciary responsibility relating to policies, procedures and governance matters... READ MORE
Managing Partner Gary R. Pannone and Attorney Benjamin L. Rackliffe are co-authors of an article, A Primer on Corporate Governance for Business Ownership, published in Rhode Island Small Business Journal
The entrepreneurial spirit is alive and well in the U.S. with millions of businesses created each year. Some will survive and others will vanish... READ MORE
Partner William F. Miller's article, Liquidity Options for Owners of Private Companies, was published in Rhode Island Small Business Journal
One of the frustrations of being a shareholder of a private company is that, while their ownership stake in the company may have significant value, historically it has not been readily convertible to cash... READ MORE
Partner Kas R. DeCarvalho's article, "The Best Insurance Policy in Business is a No Risk Culture," is published in Rhode Island Small Business Journal.
The "soul" of any business is its culture. It impacts almost every human element of a business, from how employees communicate with customers and each other, to how transactions are negotiated... READ MORE
Attorney Sally McDonald's article, "Female Entrepreneurship: A Choice for Some, A Retreat for Others," is published in the Rhode Island Small Business Journal.
Last year, Marissa Mayer of Yahoo earned nearly $25 million, Marillyn A. Hewson of Lockheed Martin earned just under $16 million, and Indra K. Nooyi of PepsiCo was paid $13.2 million... READ MORE
Partner William F. Miller's article, "Ruling to create major concerns for some commercial lenders," is published in RI Lawyers Weekly.
The laws of virtually every state prohibit lenders from charging interest on loans in excess of the "usury rate" - the maximum interest rate permitted under the laws of the state. However, usury statutes vary greatly from state to state. Not only do the maximum interest rates vary, but some states exempt certain loans, some count origination and other fees in the calculation of interest, etc... READ MORE
Principal William E. O'Gara's guest column regarding the U.S. Department of Labor's "white collar" overtime exemptions, "White Collar Pay Boost" was published in Providence Business News.
On May 18, 2016, the United States Department of Labor issued long-awaited regulations regarding the "white collar" overtime exemptions. The Fair Labor Standards Act ("FLSA") introduced the 40-hour work week in 1938 and requires overtime pay for most private sector employees... READ MORE
Principal William E. O'Gara's article, "NLRB retreat on aggressive posting rule favors business," is published in Providence Business News.
In a surprise announcement, the National Labor Relations Board walked away from its highprofile effort to mandate that private employers display a poster summarizing the rights of employees to engage in union activities... READ MORE
Principal William E. O'Gara and Partner Brian J. Lamoureux's article, "Email privacy not a guarantee in workplace," is published in Providence Business News.
One of your employees is not happy with you. She believes you discriminated against her in the latest round of promotions. Seeking vindication, she uses your company's laptop and server to access her Gmail account to send what she believes to be confidential and privileged emails to a lawyer she wants to hire to sue you... READ MORE
Principal William E. O'Gara and Partner Brian J. Lamoureux's article, "Privacy rights being tested in Digital Age," is published in Providence Business News.
You're a city employee. It's 7 p.m. on a Friday. You were supposed to be home for dinner hours ago. Your spouse sends you an angry text message on your city-issued cell phone expressing frustration that you've missed dinner - again. You fire back with an equally angry and hurtful text message... READ MORE
Principal William E. O'Gara and Partner Brian J. Lamoureux's article, " Digital Age hiring process filled with danger," is published in Providence Business News.
Principal William E. O'Gara and Partner Brian J. Lamoureux's article, " Texting in the workplace? Dangers abound," is published in Providence Business News.
Partner Brian J. Lamoureux's article, " Worry About Workplace Prejudice? Clean Up" is published in Providence Business News.
Social Media Law
Attorney Sally McDonald's article, "When it comes to your cell phone, what does your right to privacy include?" is published in Rhode Island Small Business Journal.
If you are one of the more than 90% of American adults who own a cell phone, consider for a moment what your device contains. Millions of lines of text? Hundreds of personal photographs? Your internet search history? Confidential or proprietary documents attached to your work emails? Even more in salvageable deleted files or the cloud? Finally, ask yourself, would you like to hand all of this information over to the government?... READ MORE
Partner Brian J. Lamoureux's article, "Where do tweets go when you die - hint, not heaven," is published in Providence Business News
When your life flashes before your eyes moments before you die, you likely won't be thinking about your tweet count, your Farmville assets, your Bitcoins, your iTunes play-lists, or how many "likes" your last status update received. However, a new law is aimed at helping your family access and manage those accounts after you die. Called the "Uniform Fiduciary Access to Digital Assets Act," it is a model law, which means that it serves as a blueprint to help states address this growing issue... READ MORE
Partner Brian Lamoureux provides comments in Rhode Island Weekly's article on "Employment bar deconstructs new social media privacy law"
When in doubt, employers should proceed with caution and consult with their lawyers if they want to avoid being slapped with a suit for violating the state's tough new social media privacy law. That's the advice of employment and social media attorneys who have tracked the legislative path of the Employee Social Media Privacy Act, which Gov. Lincoln D. Chafee recently signed into law... READ MORE
Partner Brian J. Lamoureux's article, " Lawyers must manage LinkedIn's features," is published in Providence Business News.
Partner Brian J. Lamoureux's article, " Should Employees Use Facebook at Work?," is published in Providence Business News.
Partner Brian J. Lamoureux's article, " To Have And to Hold: Delete E-mail At Your Peril," is published in Providence Business News.
Partner Brian J. Lamoureux's article, " How Social Media is Changing the Hiring Game," is published in the National Association of Colleges and Employers Journal.
Attorneys Bruce H. Tobey and David M. DiSegna co-authored a report on the "Medical Marijuana Business Regulatory Landscape in Rhode Island and Other States" that was published in the May/June edition of the Rhode Island Bar Journal.
Attorney Bruce H. Tobey's article, "U.S. Water Utilities Often Need Guidance to Manage and Avoid Costly Claims and Legal Issues," is published in UIM Magazine.
Partner Jim Ryan's article, "As the pendulum swings: bribery backlash to Honest Services Doctrine," is published in Rhode Island Lawyers Weekly.
T'was not so long ago that we saw an insurance company lobbyist in Massachusetts find himself convicted of wire and mail fraud as a result of his company picking up the tab for golf and entertainment junkets to Puerto Rico by the chairman of the Massachusetts House Insurance Committee and others... READ MORE
Principal William P. Devereaux is interviewed for an article in Rhode Island Lawyers Weekly, "Condo owners denied payment for unauthorized development"
Condominium associations on Goat Island were not entitled to compensation for the seven-year occupation and use of association property by the operators of a banquet hall built under an invalid exercise of development rights, a U.S. Bankruptcy Court judge has determined. The condo associations argued that Rhode Island law authorized compensation under an implied consent theory... READ MORE
Attorney Ben Rackliffe's article, "Automatic Revocation of Tax-Exempt Status: A New Streamlined Process for Retroactive Reinstatement," is published in Rhode Island Small Business Journal.
Federal law mandates that most tax-exempt organizations file annual returns with the Internal Revenue Service (IRS). Following the enactment of the Pension Protection Act of 2006, and commencing in the 2007 tax year, tax-exempt organizations which fail to file requisite annual returns for three consecutive years are subject to automatic revocation of their tax-exempt status as of the due date of the third filing. Among other consequences, autorevocation causes tax-exempt organizations to be ineligible to accept tax-deductible contributions and places once exempt organizations onto the IRS's publicly available AutoRevocation List... READ MORE