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Law in the Marketplace: LLC indemnifications
03-04-2023 7:47 PM

By JOHN CUNNINGHAM

New Hampshire LLC members and managers know all too well that from time to time, they will have to implement LLC business plans that are risky; they know that if these plans fail, they may get sued by non-manager members or by third parties; and they...


Law in the Marketplace: 12 rules for productive meetings
02-25-2023 1:00 PM

By JOHN CUNNINGHAM

A friend of mine is the chief financial officer of a growing high-tech company in Arizona. He loves his company and he admires Bill X, his company’s boss, to whom he reports. But Bill X has one significant failing: He’s terrible at running meetings....


Law in the Marketplace: “What should New Hampshire businesses know about ESG?”
02-11-2023 6:25 PM

By JOHN CUNNINGHAM

ESG is the three-letter acronym, for a movement, arising first among environmental activists, that has become, in just a few years, by far the most important new movement in the world of the 12,000 U.S. public corporations. For many of these...


Law in the Marketplace: The fine art of negotiation
01-29-2023 1:36 PM

By JOHN CUNNINGHAM

Indispensable to the competence of lawyers in most or all fields of law — and certainly in my own field of LLC law and tax — is expertise in negotiating issues on behalf of one’s clients. But obviously, this expertise is also indispensable in many...


Law in the Marketplace: Will ChatGPT cost you your job?
01-21-2023 4:53 PM

By JOHN CUNNINGHAM

As readers will know, the phrase “artificial intelligence” (usually abbreviated “AI”) refers to digital programs that enable computers to understand and respond to live human beings in their own language — in other words, at least to some degree, to...


Law in the Marketplace: The President Trump pass-through deduction
01-14-2023 1:10 PM

By JOHN CUNNINGHAM

On Dec. 27, 2017, Donald Trump, who was then president of the United States, signed a major federal tax bill called the Tax Cuts and Jobs Act of 2017. The principal purpose of the bill was to provide massive federal income tax cuts to large...


Law in the Marketplace: Boilerplate — just another lawyer boondoggle?
01-07-2023 6:34 PM

By JOHN CUNNINGHAM

As many readers will know, “boilerplate” is the term that lawyers, accountants and businesspeople use to identify the set of standard provisions that are included in the final section of most contracts that involve significant financial or personal...


When are NH non-competition agreements invalid?
08-07-2021 10:01 PM

By JOHN CUNNINGHAM

If you are starting a New Hampshire business or if you own an existing one and your business has or will have employees, you should consider whether to protect your business by requiring your employees to sign written non-competition agreements as a...


Law in the Marketplace: Inside the uncertain I&D Tax
02-18-2021 12:14 PM

By JOHN CUNNINGHAM

Although New Hampshire boasts that, unlike most other states, it imposes no state income tax on its residents, it does impose an income tax on New Hampshire business owners, and it’s a significant one – namely, the New Hampshire Interest and Dividends...


Does your business need a holding company?
12-25-2020 2:07 PM

By JOHN CUNNINGHAM

A subspecialization for many business lawyers, including me, is a field of law and tax called asset protection. This field involves the creating of entities and other arrangements for clients that will protect them from claims by their creditors.I...

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