The lawyers at Orr & Reno, P.A. reelected the three members of the firm’s Management Committee for additional one-year terms. John Malmberg will continue to serve as President, Steve Winer as Secretary and Lisa Snow Wade as Treasurer. George Roussos was reelected Chairman of the Board.

John is a member of the Health Care practice group. He assists health care providers to conduct their day-to-day operations, develop arrangements with other parties by contract or joint venture, comply with and navigate regulatory requirements, and resolve disputes.

Steve is chair of the Employment and Immigration practice group. He focuses on employment and immigration law, counseling employers on legal issues relating to human resources and representing them before state and federal courts and administrative tribunals.

Lisa specializes in advising health care organizations on a variety of daily legal questions including Medicare/Medicaid, Stark and Fraud/Abuse compliance, EMTALA, HIPAA, quality assurance, and consent issues. Lisa also is an experienced litigator, having tried cases to verdict in both state and federal courts.

Attorneys Jim Bassett and Rachel Goldwasser recently prevailed on behalf of their client in an appeal to the New Hampshire Supreme Court regarding partition of jointly-owned real estate. The Merrimack County Probate Court permitted partition of the property, and the co-owner appealed. Attorneys Bassett and Goldwasser argued before the Supreme Court that the probate court had correctly found the parties did not previously agree to partition the property, and that the probate court properly applied the New Hampshire Supreme Court case of DeLucca v. DeLucca, 152 N.H. 100 (2005), permitting partition and sale of the property. In a ruling issued on December 11, 2009, the Supreme Court agreed, allowing the client to go forward with his desired sale of the property via a private contract.

A case raising the question of whether backlot owners near a lakeshore could claim the right to use a beach lot that belonged to a shorefront owner. Attorney Jeremy Eggleton defended the appeal for the shorefront owners, and successfully argued that no common scheme existed for the various lots in the area that might entitle backlot owners to use the beach. In issuing its opinion, the Court set forth the state of New Hampshire law on usage rights arising from a common scheme, and established new law on the question of whether a town’s ownership of a piece of property via tax deed affects the rights of individuals who claim adverse possession over that property. Answering a question that had not been raised in previous rulings in this area of law, the Court held that any rights of usage that had been accumulated by the adverse claimants over the years were extinguished completely when the town took possession of the property by tax deed.

On December 15, the firm hosted a workshop on Dealing with a Financially Distressed Client, part of its Legal Breakfast Series presented with the Greater Concord Chamber of Commerce.

The morning event included information on pre-bankruptcy collection and lien strategies in the commercial arena by Attorney Todd C. Fahey and an overview of what to do once a client has declared bankruptcy by Attorney Justin M. Boothby.

The presentations are available for download:

• The Art of Getting Paid by Attorney Todd C. Fahey
• Bankruptcy Basics by Attorney Justin M. Boothby

To see the complete Legal Breakfast Series schedule, CLICK HERE

Attorney Peter F. Burger was recently elected chair of the board of the Greater Concord Chamber of Commerce.

As a business lawyer, Burger’s corporate practice includes mergers and acquisitions, real estate and business and succession planning. He also represents German, Swiss, and Austrian companies using his fluent German. Burger was cited as one of the Best Lawyers in America in 2008, and 2009 for corporate law and real estate. He has also been recognized as a New England Super Lawyer for Corporate Law and acknowledged in Chambers USA, America's Leading Business Lawyers since 2005 for corporate/mergers and acquisitions

Orr & Reno and the Greater Concord Chamber of Commerce have partnered to host the Legal Breakfast Series workshops covering topics relevant to small business owners and business and non-profit managers. Burger will present a workshop on business succession planning as part of the series on May 18, 2010.

On November 17, the firm hosted a workshop on Developments in the Non-profit Arena, which was the first in its Legal Breakfast Series that is being presented with the Greater Concord Chamber of Commerce.

The morning event included information on new IRS form 990 presented by Attorneys Connie Boyles Lane and John M. Zaremba and a discussion by Attorney Todd C. Fahey on a mission-based approach to assessing and managing mergers, reorganizations and dissolutions.

The presentations are available for download:

• Overview of the New 990 Where Do We Go From Here: A Practical Mission-Based Approach to Assessing
• Managing Nonprofit Mergers, Reorganizations and Dissolutions

To see the complete Legal Breakfast Series schedule, CLICK HERE

New Hampshire Public Radio’s popular show The Exchange focused its Tuesday, November 17, 2009 show on the First Amendment and the case Attorney Jeremy Eggleton recently argued before the New Hampshire Supreme Court to extend to bloggers New Hampshire’s constitutional protection for the free press.

Listen to the entire program including Attorney Eggleton’s call into the show HERE.

Attorney Bill Chapman was recognized in the Concord Monitor’s Editorial on Thursday, November 12 as a “A crusader for the public's right to know.” The editorial highlights three of the many high profile cases in which he has championed the rights of the press to protect sources and of the public to access to information, and recognizes the balanced counsel he provides to journalists about stories before they publish. Chapman who represents the Concord Monitor and numerous other media outlets in New Hampshire on First Amendment issues and the state's right-to-know law is the 2009 Recipient of the First Amendment Award from the Nackey S. Loeb School of Communications in Manchester.

To read the entire article, click HERE

Attorney Todd C. Fahey recently had an article published in the September/October issue of the New Hampshire Bar Journal titled “Options for Faltering New Hampshire Nonprofits: A Practical and Mission-Based Approach to Assessing and Managing Mergers, Reorganizations and Dissolutions.”

The article is "a practical guide for counsel called upon to assist a faltering New Hampshire nonprofit organization that is considering some type of restructuring, including a reorganization, merger or dissolution," and should be helpful for nonprofit board members and executives to answer questions they may have as they consider these options.

Todd is a business and real estate lawyer with extensive experience representing non-profit organizations. Todd serves as general legal counsel to many entrepreneurs, businesses, real estate investors, and is also counsel to various New Hampshire charitable trusts, non-profit organizations, trade organizations, and several of New Hampshire's largest private foundations.

Download Article HERE

Attorneys Jim Bassett and Josh Pantesco recently obtained a favorable decision in an important land use case before the Rockingham County Superior Court. Orr & Reno’s clients had purchased a parcel of land in Greenland, New Hampshire, a portion of which is subject to a conservation easement. With the support of the holders of the conservation easement, the landowners sought to build a residence on the unencumbered portion of the parcel. An abutting neighbor filed suit, in part seeking to enforce the conservation easement. After a four day trial the Judge ruled the Court found that the abutting neighbor did not have standing to enforce the conservation easement. The Court also ruled in favor of the landowners on related claims involving the doctrines of equitable servitudes and the interpretation of express easements.

In a separate action before the Merrimack County Superior Court, Jim Bassett and Josh Pantesco prevailed for a client that challenged the constitutionality of the application of a zoning ordinance to a property it plans to develop. The Court reversed a decision of the Zoning Board of Adjustment and found that the ordinance was unconstitutional. Agreeing with the arguments made by Attorneys Bassett and Pantesco, the Court found that the ordinance as applied to the property was not rationally related to its stated purpose.

To discuss either case further, please contact Jim Bassett at (603) 223-9100 or Josh Pantesco at (603) 223-9148.

Orr & Reno is pleased to announce that two new attorneys, John L. Arnold and Michael T. Cretella, have joined the firm as general practitioners.

Arnold graduated from Northeastern University School of Law and received a Bachelor of Arts degree in Economics from Connecticut College. While attending law school, Arnold was a judicial intern for The Honorable Nathaniel M. Gorton in the U.S. District Court for the District of Massachusetts. Arnold worked at the firm as a summer associate and also interned in the U.S. Attorney’s Office in Concord, New Hampshire.

Cretella graduated from Middlebury College and magna cum laude from Vermont Law School. During law school, he completed a judicial externship with Chief Justice Paul Reiber of the Vermont Supreme Court in Montpelier, Vermont and was a summer associate at the firm.

Attorney Peter Burger will present at the New Hampshire Bar Association’s continuing legal education seminar on “Hot Topics in LLCs” on November 5 in Concord.

The seminar will focus on practice under the NH Limited Liability Company Act, the law that governs the organization and operation of what is becoming perhaps the most common form of business entity. Burger and other faculty members will address a variety of timely and important issues regarding limited liability companies that arise frequently in their representation of New Hampshire businesses. There will be important updates (including the new changes to the NH tax provisions applicable to limited liability companies), and many practical practice tips and suggestions.

The seminar will be held from 9:00 a.m. to 4:30 p.m. Thursday, November 5 at the New Hampshire Bar Association in Concord. Participants can register HERE.

Orr & Reno is pleased to announce its partnership with the Greater Concord Chamber of Commerce to present a Legal Breakfast Series covering topics relevant to small business owners and business and non-profit managers.

Legal Breakfast Series workshops are free of charge and will be held from 8-9 a.m. at the offices of Orr & Reno, located across from the State House in Concord at One Eagle Square, the Eagle Hotel building. Bagels and coffee will be provided. Please register with the Greater Concord Chamber of Commerce by the Friday before the event at 603.224.2508 or please visit www.concordnhchamber.com.

Orr & Reno Legal Breakfast Series

Tuesday, November 17 - Developments in the Non-Profit Arena
The discussion will cover the new IRS form 990 and a practical and mission-based approach to assessing and managing mergers, reorganizations and dissolutions. Presented by Attorneys Todd C. Fahey, Connie Boyles Lane and John M. Zaremba

Tuesday, December 15 - Dealing with a Financially Distressed Client
Learn about the basic issues and risks related to doing business with an insolvent or bankrupt client. Presented by Attorneys Justin M. Boothby and Todd C. Fahey

Tuesday, January 26 - Employment Issues
Get updated on employment law hot topics and employment-related immigration issues. Presented by Attorney Steven L. Winer

Tuesday, March 16 - Zoning & Planning: Concord NH Style
Concord has one of the most complex zoning ordinances in New Hampshire. Coupled with regulations on site plans and subdivisions, planning and getting approvals for a project in this area can appear to be formidable. Tips on development projects in Concord will be the focus of this presentation. Presented by Attorney Richard Y. Uchida

Tuesday, April 20 - Basic Estate Planning
This workshop will cover avoiding probate with trusts and the importance of medical powers of attorney. Presented by Attorney Vera B. Buck

Tuesday, May 18 - The Basics of Business Succession Planning
Learn about moving assets from the senior generation to the next generation in a tax efficient manner, while preserving family relationships and the business. Presented by Attorneys Peter F. Burger and Vera B. Buck

For more information or to register, please contact the Greater Concord Chamber of Commerce at (603) 224-2508, info@concordnhchamber.com or visit www.concordnhchamber.com to register online.

Seven lawyers from Orr & Reno, P.A. have been recognized as 2009 New England Super Lawyers. The New England Super Lawyers publication is highly selective with only five percent of lawyers in the six New England states being included in this distinctive listing of their peers.

Recognized for their performance and efforts in the following practice areas were:

William L. Chapman - Appellate
As a senior member of the litigation group, Chapman has concentrated his practice in the area of media law representing many media clients such as the New York Times, The Boston Globe, Time and The Associated Press. Recently, he has also won important cases protecting the exemption from property taxes for New Hampshire charities.

Peter F. Burger - Business/Corporate
As a business lawyer, Burger’s practice includes mergers and acquisitions, e commerce and technology law, and corporate law. He also represents German, Swiss, and Austrian companies using his fluent German.

Susan S. Geiger - Energy & Natural Resources
Prior to joining Orr & Reno, Geiger was a Public Utilities Commissioner for the State of New Hampshire. She also represented state agencies and officials in state and federal court litigation as a Senior Assistant Attorney General at the New Hampshire Department of Justice.

Emily Gray Rice - Professional Liability: Defense
Rice is a trial attorney, but she also maintains a private mediation practice. She regularly defends legal, medical and other professional malpractice claims and also defends clients in employment, media and civil rights litigation.

Martha Van Oot - Civil Litigation Defense
Van Oot is a trial attorney with extensive experience in state and federal courts. She represents clients in complex commercial litigation, legal and other professional malpractice defense, and employment matters.

Richard Uchida - Land Use/Zoning
Richard is a business lawyer with expertise in real estate development and all areas of land use planning and regulation. In addition, he advises clients on the formation, acquisition and sale of businesses, commercial leasing, and general day-to-day business issues.

Justin Boothby - Business Litigation and New England Rising Star
Justin has extensive experience in the financial services and technology industries, and worked as a technology analyst covering financial services technologies prior to joining Orr & Reno.

New England Super lawyers utilizes a multi-step process unlike any other legal publication to choose their credible listing of outstanding attorneys that can be used as a resource to assist attorneys and consumers in the search for legal counsel. Candidates for the list are found through use of statewide surveys of lawyers who have practiced for at least five years. The candidates are then evaluated by their peers and Super Lawyers by practice area.

The Nackey S. Loeb School of Communications has selected Orr & Reno attorney William Chapman as the 2009 recipient of the First Amendment Award.

Chapman has been representing New Hampshire media outlets for 37 years. He has argued dozens of cases involving access to records and government proceedings and has helped set the standard for protecting reporters’ sources in criminal cases, and public access to government records. According to the Loeb School announcement about the award, “His clients and colleagues note that he literally wrote the book on public access to New Hampshire government. “Tapping Officials' Secrets: The Door to Open Government in New Hampshire,” was published as a chapter in Tapping Officials' Secrets Compendium, by The Reporters Committee for Freedom of the Press.”

Chapman will receive the school’s First Amendment Award Nov. 12 at the Radisson Hotel in Manchester, during a dinner featuring award-wining national columnist and network television commentator Kathleen Parker.

The First Amendment Award was established to honor New Hampshire residents who protect First Amendment liberties. Other recipients have been former Attorney General Philip McLaughlin, former Keene Sentinel Editor Thomas Kearney, state Rep. Daniel Hughes, The Citizen of Laconia and Dover City Councilor David Scott.

Connie Boyles Lane and Maureen D. Smith were faculty members at an October 9 program on Renewable Energy Project Development in New Hampshire. Orr & Reno represents energy companies in developing renewable resources, including wind, biomass and hydro power and assisted in organizing the program, which was sponsored by the New Hampshire Bar Association. Attorney Lane addressed local approval issues in locating projects in the state. Smith chaired and moderated the program, which offered speakers from both the public and private sectors to discuss financial, permitting and lawyer ethics issues that arise in renewable energy project development.

It’s no secret that with the rollout of the new Form 990 the IRS is signaling its strong interest in the way non-profit organizations use their resources and govern themselves. The 990, which is widely available to the public, not only insures compliance with the Internal Revenue Code, but also offers nonprofits an opportunity to inform the public about their impact.

Orr & Reno Attorneys Connie Boyles Lane and Jack Zaremba have partnered with accountants from Nathan Wechsler & Company and the New Hampshire Center for Non-Profits to present a seminar titled “What You Need to Know About the New 990” on Wednesday, October 21 in Lebanon. For more information visit The NH Center for Non-Profits website.

Attorney Emily Rice will participate in a panel discussion on “Perspectives on the Current Economy and Law Firms” on October 24 at Northeastern University Law School. Rice was selected for the panel to offer the small law firm perspective on how the current economy has impacted business and strategies for developing new business.

Attorney Emily Rice will present on employment ethics at the New Hampshire Bar Association’s continuing legal education seminar entitled “Employment Law 101 - The Life Cycle of a New Hampshire Employee” on November 13 in Concord.

The seminar will cover the basics of employment law from hiring to termination of employees. Rice will discuss the ethical issue of communication with represented parties, including understanding the tripartite relationship between counsel, client and insurer and communication with third-party witnesses, including present and former employees.

Best Lawyers has awarded 11 Orr & Reno attorneys the honor of being listed among The Best Lawyers in America 2010. The list, published annually, includes over 29,000 attorneys across the country.

Orr & Reno is a full-service law firm with a statewide presence and office in Concord, New Hampshire. Recognized for their outstanding performances, the following attorneys were listed for their work in these practice areas and specialties:

• Peter F. Burger - Corporate Law & Real Estate Law
• William L. Chapman - Appellate Law & First Amendment Law
• Judith A. Fairclough - Family Law
• Susan S. Geiger - Energy Law
• Howard Moffett - Energy Law & Health Care Law
• James Morris - Real Estate Law
• Douglas L. Patch - Energy Law
• Emily Gray Rice - Legal Malpractice Law
• George W. Roussos - Government Relations Law & Insurance Law
• Richard Y. Uchida - Real Estate Law
• Martha Van Oot - Legal Malpractice Law

Many of the lawyers have been recognized by Best Lawyers before, including William L. Chapman and Martha Van Oot who have been honored for at least ten years. Richard Y. Uchida makes his first appearance on the list for his real estate work.

Best Lawyers has been a well-respected source in the legal profession for 25 years, and it is considered the “most honorable, unbiased source of legal referrals anywhere.” The list is created with results from fellow attorneys’ peer-review surveys.

Attorney Justin Boothby was recently elected as the Secretary for the non-profit organization Friends of Forgotten Children (FOFC) in Concord, New Hampshire. FOFC helps children, families and seniors experiencing hardship to improve their quality of life and to insure greater stability.

Boothby has extensive experience in the financial services and technology industries, and worked as a technology analyst covering the financial services industry. Prior to joining the firm, he was with Thomson Financial/First Call where he served as a senior project manager for financial data production facilities in Cardiff, Paris, Tokyo, and Manila.

Attorney Michael Ramsdell was recently elected Vice Chair of the Business Litigation Section of the New Hampshire Bar Association (NHBA).

Ramsdell is a trial attorney with over 20 years of experience in commercial, civil and criminal litigation. He often represents clients in complex, commercial disputes; trademark and copyright infringement cases; state and municipal tax abatements and appeals; zoning and planning board appeals; environmental contamination matters; and employment claims. His criminal defense caseload includes federal crimes, particularly white-collar crimes, state felonies and misdemeanors, and D.W.I.

Attorney James Laboe conducted a national audio conference on the new OSHA enforcement changes for Safetysmart.com on June 25.

Laboe discussed the changes to OSHA’s inspection procedures, including how inspectors evaluate violations and required safety records. As a leading OSHA expert, he offered an explanation of the biggest OSHA enforcement changes affecting worksite inspections.

Laboe is a trial attorney with experience in state and federal courts. Prior to joining the firm, he practiced for several years with Arent Fox in Washington, D.C. He has defended numerous employers in OSHA civil enforcement actions and represented employers in OSHA inspections and civil enforcement actions before the Occupational Safety and Health Review Commission, and state agencies.

Audio from the conference can be purchased HERE.

Attorneys William L. Chapman and Maureen D. Smith taught members of the New Hampshire Bar about client confidentiality and other select lawyers’ ethics issues on June 17, 2009. They presented as chair and faculty in a Continuing Legal Education program sponsored by the New Hampshire Bar Association (NHBA) called “The Rules Say What??” More than 100 lawyers statewide participated in the program.

Chapman chaired the program as a NHBA Continuing Legal Education Committee member. He is a member of the NHBA’s Ethics Committee and Federal Practice Section, as well as a faculty member at libel and privacy seminars sponsored by the American Newspaper Publisher Association, Practicing Law Institute, the New England Press Association, and the New Hampshire Bar Association. Chapman concentrates his practice on the First Amendment and media law and property tax and commercial litigation.

Smith was a faculty member in the ethics program and made a presentation on lawyers’ ethical obligations in sending and receiving electronic documents that contain “metadata.” Smith and other faculty members also presented a hypothetical “skit” to elicit audience discussion. Smith is Vice Chair of the NHBA’s Ethics Committee and has been a member of the Committee since 2002. She worked with other Committee members to publish a formal Ethics Committee Opinion on metadata in May 2009. She has been a faculty member and lecturer at lawyer ethics seminars for many years, including training seminars on public sector ethics, revised ethics rules and multijurisdictional practice. She has also authored articles on lawyer ethics issues. Smith concentrates her practice in the energy, environmental and professional liability areas.

Attorney Rachel Aslin Goldwasser has been accepted to participate in the 2010 Leadership Concord class conducted by the Greater Concord Chamber of Commerce.

The Chamber’s 10-month program begins in September with a retreat followed by a series of day-long work sessions through graduation in June. Participants are chosen for their commitment to the greater Concord community and their leadership potential. The program connects participants with key players in business, organizational, governmental and civic leaders.

Prior to joining Orr & Reno in 2008, Rachel clerked for United States District Judge John A. Woodcock, Jr. in Maine and completed a full time externship with First Circuit Judge Jeffrey R. Howard in Concord. She also interned in the natural resources and litigation divisions of the Maine Attorney General's office. At Vermont Law School, she was a member of the Vermont Law Review and was a research associate at the Institute for Energy and the Environment. While earning her master’s degree at the Yale School of Forestry and Environmental Studies, she served as a research associate at the Yale Center for Environmental Law and Policy, and was a teaching fellow for a course on Environmental Law and Policy.

Richard Uchida, an attorney with the law firm of Orr & Reno P.A., was recently elected vice chair of the Board of Trustees of Colby College in Waterville, Maine.

Uchida’s election as Vice-Chair of the Board will expand his involvement with this Alma Mater. He is currently chair of the Educational Policy Committee, which is responsible for ensuring that the college’s educational mission and values are met. Uchida will join the Executive and Budget and Finance Committees and will work with the college president and its deans, together with academic personnel and other committee members to evaluate and improve the academic program at Colby pursuant to new curricular planning efforts underway at the College.

Uchida is a respected business lawyer with expertise in real estate development and all areas of land use planning and regulation. He served as the President of the New Hampshire Bar Association from 2005 to 2006.

Attorneys Connie Boyles Lane and Maureen D. Smith were recently elected to new leadership positions within the New Hampshire Bar Association (NHBA).

Lane was elected chair of the Real Property section of the NHBA. A former executive director of two nonprofit organizations, Lane’s legal focus is on business and real estate with an emphasis on not-for-profit, small business, and land use. Lane has recently been a presenter at two Continuing Legal Education events, one regarding the impact of bankruptcy on real estate transactions and one on commercial lending and title issues. Lane has also recently conducted a presentation for the New Hampshire for the Center of Nonprofits on the new Form 990.

Smith was elected to chair the Environmental and Natural Resources Law section. She was also recently appointed to act as Vice Chair of the NHBA’s Ethics Committee. Smith joined Orr & Reno in 2008, bringing over 30 years of environmental law experience in state and federal government and private practice. Previously, she worked as Senior Assistant Attorney General handling complex litigation and legislative initiatives regarding environmental issues. She also worked as an environmental lawyer in the U.S. Environmental Protection Agency and in private practice. Smith has been a faculty member and lecturer in many environmental and lawyer ethics seminars. She has made presentations at numerous state and regional seminars on environmental issues, including national and regional air initiatives. Most recently, she spoke at the New Hampshire Business and Industry Association’s annual Waste Conference about hazardous waste issues. She has also conducted seminars for both public and private sector attorneys on professional conduct, including a June 2009 presentation on ethical obligations surrounding electronic transmission of documents containing metadata.

Attorney Robert S. Carey presented a mock trial at the Hillsborough County Court House in Nashua on Saturday, May 16 as part of the “Surveyor in Court” seminar held by the New Hampshire Land Surveyors Association and University of New Hampshire.

The mock trial portion of the two-day seminar featured Carey and an attorney from the McLane Law Firm. They re-tried an actual boundary line case from several years ago. Using the same surveyors who had testified in the actual case, Carey and the other lawyer presented case openings, direct examinations, cross-examinations, and closing statements for attendees who served as jurors for the trial. The “Surveyor in Court” seminar offered participants valuable insight, practical tips, and key strategies for handling depositions, testifying in court, and presenting materials in legal matters.

“It was a big success,” said Carey. “The attendees got a chance to see how attorneys put a case together, using expert testimony and exhibits. Based upon the positive responses we received from the attendees, I think it succeeded in giving them a ‘real time’ feel for a trial.”

Carey is an experienced trial lawyer specializing in commercial litigation, white-collar criminal defense, medical malpractice, products liability and general civil litigation. Carey is also involved in the United Way of Merrimack County where he is on the Board of Governors and the Daniel Webster Chapter of the American Inns of Court.

Attorney Todd Fahey recently joined the Boards of Directors of Riverbend Community Mental Health and the Concord Family YMCA.

Fahey is a business lawyer who handles corporate, non-profit and real estate matters. His experience includes counseling on business issues, leasing issues between tenants and landlords and representation of charitable trusts, foundations and non-profit organizations.

Riverbend Community Mental Health, Inc is a private, non profit, 501 (c)(3) agency that provides responsive, accessible, and effective mental health services to Merrimack County’s adults, children and families of all ages who experience a range of disorders, illnesses and life challenges with special emphasis on the low income population.

The Concord Family YMCA is a charitable social service agency that is devoted to serving the needs of families and people of all ages in the Concord area.

Attorney Susan Geiger has been recognized by the Business and Industry Association as a recipient for the Above and Beyond Award. She received the award at the Association’s Annual Business Meeting on Monday, May 18.

The award is given to BIA members for their contributions to the Association and the greater New Hampshire business community. BIA staff members select recipients to acknowledge members who do “much of the heavy lifting” for the Association’s New Hampshire Chapter.

Geiger focuses her practice on energy and telecom matters, alternative dispute resolution and government relations. Recently, she assisted a client in obtaining a certificate of site and authority to build the first commercial scale wind energy facility in New Hampshire.

Attorney Richard Uchida claimed the top spot for the Concord YMCA’s fifth Annual Spring Social charitable auction. The three-hour auction event, In Good Spirits, was held at Bektash Temple in Concord and benefited the Kids Campaign Fund. Uchida donated his cooking skills in a prize that included an Italian dinner for six prepared by the attorney himself. After a starting bid of $300, the item quickly achieved the highest bid of the night, $1000.

Uchida is a business lawyer with expertise in real estate development and all areas of land use planning and regulation. He is heavily involved in the New Hampshire Bar Association, including service as its president, teaching and other outreach initiatives as a past adjunct professor on Professional Responsibility at Franklin Pierce Law Center and a lecturer at numerous state and national bar meetings on leadership and the future of the profession.

Orr & Reno is pleased to announce that Michael D. Ramsdell has joined the firm as a director and shareholder.

Mike is a trial attorney with more than 20 years experience in commercial, civil and criminal litigation. A former Associate Attorney General and homicide prosecutor for the New Hampshire Department of Justice for ten years prior to commencing private practice, he now represents an array of clients, from Fortune 500 companies to small businesses and individuals, in federal and state courts in civil and criminal cases. Mike’s civil cases include complex, commercial disputes; trademark and copyright infringement cases; state and municipal tax abatements and appeals; zoning and planning board appeals; environmental contamination matters; and employment claims. His criminal defense caseload includes federal crimes, particularly whitecollar crimes, state felonies and misdemeanors, and D.W.I.

In 2003, Mike was named one of three “Tenacious Defender[s]” in the Civil Law category by a NH Bar Association poll. He is admitted to practice in the state and federal courts in New Hampshire.

Attorney James F. Laboe has been selected to join the Greater Concord Board of Directors for Child and Family Services for a three-year term. As the oldest children’s charitable organization in New Hampshire, Child and Family Services is dedicated to advancing the well-being of children by providing an array of social services to strengthen family life and by promoting community commitment to the needs of children. The department has a corporate Board of Trustees but relies on regional Boards, such as the one in Concord, to successfully implement their goals locally.

Laboe is a trial attorney with experience in state and federal courts and various administrative agencies practicing in areas of complex commercial litigation, medical malpractice, intellectual property, Occupational Safety & Health (OSHA), and general civil litigation.

Attorneys Emily Gray Rice and Lisa Snow Wade will participate in the upcoming seminar, Evidence 2009, sponsored by the New Hampshire Bar Association on May 28. The full-day seminar for attorneys who try cases will cover the practical use of the Rules of Evidence in civil and criminal trials. The Honorable Kathleen A. McGuire of the Belknap Superior Court and noted practitioners will discuss and analyze how to present a case at trial based upon the use of evidence that will make the most effective impact on the fact-finder.

Rice’s presentation will focus upon e-discovery, the authentication of exhibits and introducing electronic information into evidence. Wade will discuss computer-based demonstrative evidence.

Rice is a trial attorney with extensive experience in federal and state courts and a private mediation practice. She regularly defends legal, medical and other professional malpractice claims, and also defends clients in employment, media and civil rights litigation. She is a member of the adjunct faculty at Franklin Pierce Law Center where she teaches trial advocacy. Rice will also be serving as a faculty member for the New Hampshire Association for Justice’s Trial Practice Academy Series held this spring.

Wade is an experienced trial attorney, having tried cases to verdict in both state and federal courts. She has extensive experience with cases involving sophisticated e-discovery issues and extensive databases. She is also an adjunct Professor at New England College for the Master’s in Health Administration Program.

A video replay of the seminar is scheduled for Friday, June 19 for those who cannot attend. For more information, visit nhbar.org.

Orr & Reno has been nominated as a Go-To Law Firm for Intellectual Property for the Nations Top 500 Companies by the firm’s client, Oracle. The nomination will be featured in the Corporate Counsel’s reference guide, In-House Law Departments at the Top 500 Companies.

The publication features Go-To Law firms nominated by only the top companies in the US. The nominees are chosen using a survey sent to General Counsels of these top companies and through research in various resources including public records, leading publications and well-respected commercial databases (The American Lawyer, The National Law Journal, Corporate Counsel magazine, etc.) The survey asked the General Counsels at all of the top 500 companies which outside law firms they turned to for assistance in Corporate Transactions/Mergers & Acquisitions, Intellectual Property, Labor & Employment, Litigation and Securities.

Attorney Richard Uchida was recently honored by the New Hampshire Bar Association as the recipient of the 2009 L. Jonathan Ross Award for Outstanding Commitment to Legal Services for the Poor.

Using his experience in real estate and general business matters, Richard has provided pro bono work for underprivileged clients and been extremely active in the mission of providing access to legal services to all. With his position of Delivery of Legal Services Chair on the New Hampshire Supreme Court Access to Justice Commission, Richard works to further initiatives that provide free and reduced legal services for the poor in NH. He is also very involved in the NH Bar Foundation that strives to provides justice for all.

In addition to taking pro bono cases, and assisting in the referral and distribution of pro bono cases to other attorneys across the state, Uchida has been the key facilitator for the past eighteen months of a project to improve the coordination and planning for the provision of civil legal services for the poor across New Hampshire. He has also been an advocate both in New Hampshire and nationally for the improvement of civil legal services for the poor – including the advancement of “Civil Gideon” – the right to counsel for anyone facing the loss of shelter, familial relationships or basic medical or governmental benefits necessary for survival.

In accepting the award, Uchida cited the current funding crisis for civil legal services for the poor - a crisis that threatens to reduce resources in New Hampshire by as much as 50%. He challenged other attorneys to “step up” by contributing to legal services organizations, lobbying banks for better rates on the Interest On Lawyers Trust Accounts (IOLTA) program, taking more pro bono cases and urging the Legislature to salvage funding for civil legal services for the poor.

Attorneys Vera Buck and Judith Fairclough were admitted as directors and shareholders in the firm effective January 1.

Drawing on her master’s degree in taxation and over 25 years experience, Buck concentrates her practice on trust, estate, and business succession planning; administering estates, trusts, and guardianships; and litigating complex probate cases. She provides an array of estate planning services including the preparation of wills, trusts, powers of attorney, and a variety of more sophisticated planning services for the disposition of family wealth and sheltering of assets from income, gift, estate, and generation-skipping transfer taxes. As chair of the Trusts and Estates Department, Buck leads an experienced team to handle the complexities of estate and trust administration.

With over 20 years of experience, Fairclough has a practice focused exclusively on domestic relations issues which include private marital mediation, prenuptial agreements, divorce and post divorce litigation. Fairclough is a Certified Marital Mediator and serves as the Vice Chair of the Family Law Section of the NH Bar Association. She has achieved successful outcomes through settlement, as well as through trial, in a wide variety of cases involving complex financial issues, large and small business interests, multi-million dollar estates and various complicated financial scenarios. Fairclough was recently named to the Best Lawyers in America 2009 list for her work in Family Law.

CATCH Neighborhood Housing recently recognized Orr & Reno for their continued support at of the organization. Attorney Connie Boyles Lane accepted the Sustaining Supporter Award on behalf of Orr & Reno for the firm’s many years of support for CATCH’s mission in their dedicated legal counsel.

“CATCH is honored to have such extraordinary support from the local community and local businesses such as Orr & Reno,” said Rosemary M. Heard, president of CATCH Neighborhood Housing.

Orr & Reno attorneys have a strong and long-standing commitment to community service. The firm encourages its members to provide pro bono legal services both on behalf of disadvantaged citizens and in significant social and political disputes in New Hampshire. In October 2008 the firm was presented with a Certificate of Appreciation from the New Hampshire Supreme Court for its pro bono efforts to ensure that all citizens of the state are afforded equal access to the justice system, regardless of their economic circumstances.

CATCH Neighborhood Housing provides a full spectrum of housing services in Merrimack County, such as 239 affordable rental apartments, homebuyer education and counseling through the Home Buyer & Financial Success Center, and Affordable Homes Sale.

Attorneys Jim Bassett and Jeff Spear recently won an important victory before the New Hampshire Supreme Court. The Town of New London had imposed a series of restrictions on our client’s historic dock on Lake Sunapee, purporting to limit the number of boats and users present at the dock at any one time. Bassett and Spear argued that the Town was preempted by state wetlands statutes and regulations from placing any limitations on use of the dock to store and use boats. In a detailed ruling issued on December 5, 2008, the Supreme Court agreed. It found that renovations to the dock approved by the Wetlands Board of the N.H. Dept. of Environmental Services, together with the comprehensive statutory and regulatory framework for managing use of the State’s waters, preempted the Town’s attempts to restrict the use of the dock for personal boating and recreational use.

A copy of the Court’s decision can be read here.

On January 14, 2009, Connie Boyles Lane and Jack Zaremba presented at a seminar sponsored by the NH Center for Nonprofits entitled "The New 990 Shines a Spotlight on Board Governance.” The workshop focused on the major changes in the new IRS Form 990 and how those changes affect governance issues for nonprofit boards. Connie and Jack were joined by Kelli Boyle of the Concord, New Hampshire accounting firm of Nathan Wechsler & Company, P.A.. Connie, Jack and Kelli discussed not only the changes required by the new Form 990, but also provided sample policies and guidance for implementing change within nonprofit boards.

Jack and Connie are members of Orr& Reno’s Nonprofit Practice Group, which focuses on the unique legal issues encountered by nonprofits. In addition to Connie and Jack, members of Orr & Reno’s Nonprofit Practice Group include Todd Fahey, Richard Uchida, Bill Chapman and John Malmberg. Orr & Reno’s Nonprofit Practice Group attorneys utilize their combined experience as nonprofit attorneys, board members and executive directors of nonprofits to offer nonprofit clients clear and cost-effective legal counsel.

Attorney Richard Uchida was featured in an article on the front-page of the December 15, 2008 issue of the Concord Monitor. The article, titled “The King of Compromise: Prominent land-use attorney commands respect, even from opponents,” profiles Richard’s experience, expertise and success working on land-use and development projects in the Concord area. It is not unusual for a lawyer to have the confidence of his clients. This article demonstrates that Richard not only has his clients’ trust, but also the respect and admiration of the volunteers and professional staff of the regulatory boards and the adversaries involved in the most controversial real estate development projects in the Concord area.

To read the entire article, click here.

Orr & Reno has been accepted as the first law firm in the state to participate in the New Hampshire Department of Environmental Services Aspiring Leaders program.

The Aspiring Leaders program is a voluntary program that encourages better environmental performance. It is the first tier of the NH Environmental Leadership Initiative for New Hampshire businesses that improve the state’s economy and environment. The New Hampshire Environmental Leadership Initiative was created in December 2007 to achieve sustainability through adoption of best business practices. By signing a pledge of environmental performance and setting goals for best practices in reduction and recycling of office paper, Orr & Reno has been accepted into the program for the period 2008-2011. The firm commits to recycle all of its office paper within the next three years, among other things, and to provide yearly progress reports to the state.

“Orr & Reno is very proud to be the first law firm in the state to achieve ‘Aspiring Leader’ status in New Hampshire’s Environmental Leadership Initiative,” said the firm’s President, John A. Malmberg. “Our law firm is committed to adopting best practices to preserve resources, protect the environment and save costs to our clients.”

Orr & Reno is pleated to announce that two new lawyers, Rachel Aslin Goldwasserand Joshua M. Pantesco, have joined the firm.

Prior to joining the firm, Rachel clerked for United States District Judge John A. Woodcock, Jr. in Maine. During law school, she completed a full time externship with United States First Circuit Judge Jeffrey R. Howard in Concord, interned in the natural resources and litigation divisions of the Maine Attorney General’s office and was a summer associate at a New Hampshire law firm.

At Vermont Law School, she was a member of the Vermont Law Review and was a research associate at the Institute for Energy and the Environment. Rachel received a master’s degree in environmental management at the Yale School of Forestry and Environmental Studies, where she completed coursework in energy policy and economics. She also served as a research associate at the Yale Center for Environmental Law and Policy, and was a teaching fellow for a course on environmental law and policy.

Josh joins the firm as a general practitioner. He graduated from the University of Pittsburgh School of Law, where he served as Articles Editor for the Pittsburgh Journal of Environmental and Public Health Law and earned semester honors. He won the Sutin Prize in recognition of his service as Senior Editor of JURIST, the legal news and research website of Pittsburgh School of Law. Josh worked at the firm as a summer associate and interned with U.S. District Judge Joy F. Conti of the Western District of Pennsylvania while attending law school.

Nine lawyers from Orr & Reno, P.A. have been recognized as 2008 New England Super Lawyers.

The New England Super Lawyers publication is highly selective with only five percent of lawyers in the six New England states being included in this distinctive listing of their peers. Recognized for their performance and efforts in the following practice areas were:

• William L. Chapman - Appellate
• Peter F. Burger - Business/Corporate
• Susan S. Geiger - Energy & Natural Resources
• Douglas L. Patch - Energy & Natural Resources
• George W. Roussos - Government Relations
• John A. Malmberg - Health Care
• Emily Gray Rice - Professional Liability: Defense Civil
• Martha Van Oot - Litigation Defense
• Lisa Snow Wade - Health Care

New England Super lawyers utilizes a multi-step process unlike any other legal publication to choose their credible listing of outstanding attorneys that can be used as a resource to assist attorneys and consumers in the search for legal counsel. Candidates for the list are found through use of statewide surveys of lawyers who have practiced for at least five years. The candidates are then evaluated by their peers and Super Lawyers by practice area.

Orr & Reno is pleased to announce that Maureen D. Smith has joined the firm as a member of the regulated industries practice group. She brings over 30 years of environmental law experience in government and private practice to Orr & Reno. Her focus will be on environmental compliance, permitting, transactions and litigation, as well as clean energy, government relations and professional conduct matters.

Maureen has extensive experience in both state and federal environmental matters. She spent the last 16 years in the New Hampshire Attorney General’s Office, where she handled complex environmental compliance, litigation and legislative initiatives in state, regional and national forums. She has been an active member of the Ethics Committees for the New Hampshire Bar. Before that, she was in private practice as an environmental lawyer in New Hampshire and spent 10 years as an attorney in the U.S. Environmental Protection Agency in Washington, D.C.

Orr & Reno, P.A., was one of only five New Hampshire law firms recently recognized by the New Hampshire Supreme Court for its pro bono efforts to ensure that all citizens of the state are afforded equal access to the justice system, regardless of their economic circumstances. At a ceremony on October 15, 2008, the Supreme Court presented a Certificate of Appreciation to Marty Van Oot who represented the firm at the event. Orr & Reno attorneys devote hundreds of hours each year to pro bono representation of low income clients in a broad range of matters, participating in pro bono “marathons,” and hosting “Lawline,” as well as assisting many non-profit organizations with legal issues. Orr & Reno proudly supports its attorneys who are committed to giving back to their communities. For further information about the New Hampshire Supreme Court’s access to justice effort, visit the Access to Justice Commission’s website here.

Best Lawyers has awarded 10 Orr & Reno attorneys the honor of being listed among The Best Lawyers in America 2009. The list, published annually, includes over 29,000 attorneys across the country.

Orr & Reno is a full-service law firm with a statewide presence and office in Concord, New Hampshire. Recognized for their outstanding performances, the following attorneys were listed for their work in these practice areas and specialties:

• Peter F. Burger - Corporate Law & Real Estate Law
• William L. Chapman - Appellate Law & First Amendment Law
• Judith A. Fairclough - Family Law
• Susan S. Geiger - Energy Law
• Howard Moffett - Health Care Law
• James Morris - Real Estate Law
• Douglas L. Patch - Energy Law
• Emily Gray Rice - Legal Malpractice Law
• George W. Roussos - Government Relations Law & Insurance Law
• Martha Van Oot - Legal Malpractice Law

Many of the lawyers have been recognized by Best Lawyers before, including William L. Chapman and Martha Van Oot who have been honored for at least ten years. Judith A. Fairclough makes her first appearance on the list for her family law work.

Best Lawyers has been a well-respected source in the legal profession for 25 years, and it is considered the “most honorable, unbiased source of legal referrals anywhere.” The list is created with results from fellow attorneys’ peer-review surveys.

Attorney Justin Boothby was recently elected as a member of the Board of Directors of the non-profit organization Friends of Forgotten Children in Concord, New Hampshire. Friends of Forgotten Children helps children, families and seniors experiencing hardship to improve their quality of life and to insure greater stability.

Boothby has extensive experience in the financial services and technology industries, and worked as a technology analyst covering the financial services industry. Prior to joining the firm, he was with Thomson Financial/First Call where he served as a senior project manager for financial data production facilities in Cardiff, Paris, Tokyo, and Manila.

A donation of $1,000 was recently made to the NH Bar Foundation by members of the NH Public Defender Program Board of Directors in memory of their colleague, Ronald L. Snow. Ron served on the Public Defender Board for 23 years and was a devoted advocate of he program. The gift was earmarked for the Hon. William F. Batchelder Fund which supports “legal services for low-income and other disadvantaged people in the New Hampshire.” The Fund was established by John and Skye Maher at the Bar Foundation in 1998. Judge Maher continues to match annual contributions to the fund, by up to $10,000 annually, therefore, this memorial gift will go twice as far.

“I have learned that acts of kindness are the ultimate measures of one’s success, and in turn, one’s happiness,” wrote Snow in an article entitled “Dear Grandson, with Regard to Becoming a Lawyer…” This significant gift is one more act of kindness generated by the life of Ron Snow, who died on March 14 at the age of 72. Attorney Snow was a senior director and shareholder of the Orr & Reno Law Firm and an active community leader.

Orr & Reno attorneys Jim Bassett and Bob Carey, representing the City of Claremont, won a verdict for the City in a multi-million dollar tax abatement case. In the case, entitled Sullivan County Regional Refuse Disposal District et al v. the City of Claremont, the property owner/taxpayer petitioned for a property tax abatement, claiming that the City of Claremont had overvalued the Claremont waste-to-energy facility by more than $9 million. After a trial, the Court denied the abatement petition. In fact, based upon evidence Bassett and Carey presented on behalf of the City of Claremont, the Court found that the facility’s fair market value was actually several million dollars higher than its assessed value. The taxpayer has declined to appeal the decision.

At the heart of the case were several novel legal issues in the valuation of utilities and commercial properties. The Court’s rulings will have far-ranging implications for other New Hampshire municipalities that depend upon tax revenues from utilities and commercial properties.

One significant legal issue was whether the facility’s guaranteed income from the sale of electricity at above-market rates should be valued at those higher rates. The facility, which owed its existence to federal regulations that sought to promote the development of alternate energy sources, had entered into a twenty year contract to sell its electricity at pre-determined rates. When the taxpayer sought its tax abatement, these contract rates were higher than the market rates.

In its ruling, the court rejected the taxpayer’s attempt to discount its revenues from these guaranteed above-market rates. In so doing, the Court adopted Orr & Reno’s argument that the regulatory framework, which made the above-market rates enjoyed by the facility possible, required the actual income to be valued for taxation purposes.

The second significant issue involved the statutory property tax exemption for pollution control equipment under RSA 72:12-a. The taxpayer argued that it was entitled to an annual dollar-for-dollar tax exemption of the initial cost of pollution control equipment purchased decades ago. Attorneys Bassett and Carey persuaded the Court that the equipment should be treated no differently than any other physical asset that depreciates and loses value over time. As a result, the Court concluded that only the present, depreciated value of the equipment, not the acquisition cost, is exempt from property taxes.

• Eagle Times Article
• Court Decision

Attorney Richard Uchida was recently named chair of the Colby College Educational Policy Committee. Colby College is a small liberal arts college founded in 1813 and located in Waterville, Maine. The committee is charged with overseeing the academic affairs of the college and ensuring the college’s educational mission and values are met.

A ’79 graduate of Colby College, he has previously served on the Committee and currently serves on the college’s Board of Trustees.

Uchida is a business lawyer with expertise in real estate planning and development matters. He joined the firm as a director and member of the business practice group in June 2008.

Governor John Lynch recently named attorney Emily Gray Rice as co-chair of the Judicial Selection Commission. The commission was created in 2005 through an Executive Order issued by Gov. Lynch, with the purpose of vetting candidates for judicial posts.

Rice is a trial attorney with extensive experience in federal and state courts. She also maintains a private mediation practice. Earlier in her career, Rice served as chief of the Civil Bureau in New Hampshire's Department of Justice. Rice chairs the Advisory Committee on Rules for the United States Court of Appeals for the First Circuit. She is an adjunct professor of law at Franklin Pierce Law Center where she teaches trial advocacy. Rice is the recipient of numerous awards, including the New Hampshire Bar Association’s E. Donald Dufresne Award for Outstanding Professionalism. Rice is also a dedicated community volunteer and currently serves on the Board of Directors of the Capitol Region Food Program and Red River Theatres.

The eleven-member commission is comprised of both attorneys and non-attorneys. When there is a judicial vacancy, the Commission provides Gov. Lynch with a list of qualified candidates for consideration. From those candidates, the Governor makes a nomination to the Executive Council.

Philip Waystack of Colebrook, an attorney with Waystack Frizzell in Colebrook, serves as the other co-chair of the commission.

Orr and Reno has been named a 2008 Go-To Law Firm for Technology Companies by Corporate Counsel magazine. Each year the magazine conducts surveys with in-house counsel at the top 500 American companies, asking them which outside law firms they use and for what practice areas.

The firm received the award for outstanding work done by attorneys Jim Bassett and Martha Van Oot. IMS Health, Inc. chose Bassett for his work in the practice area of Litigation and Oracle Corporation selected Van Oot for her work in the Intellectual Property arena.

Data to back up the surveys are gathered through court dockets, securities filings, and law publications. This year, ALM—a leading integrated media company and publisher of Corporate Counsel—has targeted the surveys toward top technology companies. The named firms have the honor of being Go-To Law Firms. The firm will appear in a new ALM-published guide called In-House Law Departments at the Leading Technology Companies, coming out soon. The guide will serve as a reference tool for in-house counsel at technology companies, allowing them to consider Go-To Law Firms as additional legal expertise. It will be distributed to more than 10,000 in-house counsel, including every Fortune 1000 General Counsel.

Long-time Orr & Reno partner Ronald L. Snow died after a brief illness at Concord Hospital on March 14, 2008. He was 72. For over 46 years at Orr & Reno, Ron was a vital member of the firm, establishing its litigation department and becoming one of the most respected trial lawyers in New Hampshire. He joined the firm in 1961 and served as its president from 1986 to 1994. His notoriety as a trial lawyer began at Yale Law School where he won the student trial competition and culminated in his election as a Fellow in the American College of Trial Attorneys in 1982. His numerous courtroom successes included complex commercial disputes, plaintiffs products liability actions and complicated medical malpractice defenses. By example and active mentoring, he provided many past and present Orr & Reno lawyers with not only superior training in the craft of trial preparation and practice but high standards of ethical conduct and loyalty to clients and the firm.

Ron was born in Franklin, NH and raised in the Lakes Region. He was a debate and athletic star at Laconia High School and quarterbacked the first New Hampshire Maple Sugar Shrine football team. Attending Dartmouth, he played baseball and won national recognition as a debater before graduating in 1958 and going on to Yale Law School, finishing in 1961. He settled in Concord and at Orr & Reno that summer with his wife, Mary Ellen, and together they raised three children, including Lisa Snow Wade, a current partner in the firm. He served numerous charitable organizations to promote a wide variety of interests, and was instrumental in the implementation of technology in the federal and state court rooms in New Hampshire. Ron loved jazz and was a talented golfer and magician.

“For everyone around him, Ron set an incredible example as a lawyer, in his unparalleled preparation, the insightful analysis and judgment he applied to issues and his unwavering adherence to the highest ethical standards.” said John Malmberg, Orr & Reno president. “Orr & Reno is deeply indebted to him for the example he provided, the wisdom he shared and his abiding loyalty and service to Orr & Reno and to our clients.”

A service of thanksgiving and remembrance will be held on Wednesday, March 19 at 1:00pm at Immaculate Heart of Mary Catholic Church of Concord with a reception for family and friends following the service hosted by Orr & Reno.

Ronald L. Snow: Local Attorney and Community Leader, Conord Monitor.

LHS Grad Excelled in School, Legal Profession, The Citizen of Laconia.

Attorney Heidi Cole recently graduated from The Vesta Roy Excellence in Public Service Series. In addition, Cole has been elected to the organization’s Board of Governors.

The Series is a political leadership training program for Republican women who have an interest in politics and public service but have not yet held state elective office. The program provides both informational and skills-building sessions to give participants tools and training to build their confidence and turn interest into activism.

During her year-long fellowship, Cole participated in various training sessions including understanding the legislative process, planning campaigns, traveling to Washington, DC to meet and learn tips from staff and members, and hearing personal stories from elected officials.

Vesta Roy served as a Rockingham County Commissioner, state representative, and state senator from 1979-1986. As senate president at the time of Governor Hugh Gallen’s death, she served as governor for 7 days prior to the swearing in of Governor John H. Sununu. She was the first female to hold that position.

Orr & Reno Immigration Manager, Robin Vermette will present on hiring foreign physicians and allied health processionals at the join meeting of the Vermont Healthcare Human Resource Association and Healthcare Human Resource Association of New Hampshire on June 20.

The workshop will provide an immigration overview for human resources professionals and will clarify the difference between the J-1 and H-1B physician, explain the J-1 waiver process and whether a facility qualifies for the J-1 waiver, the requirements to file an H-1B visa petition with Immigration, visa alternatives when the H-1B is not an option, and describe the “green card” process.

Vermette joined Orr & Reno in 1993 after serving as Special Assistant and Immigration Specialist for former U.S. Senator Warren Rudman. As part of the firm’s Employment Law and Immigration practice, she focuses entirely on immigration matters - particularly assisting employers and foreign nationals through the complex immigration process for employment-based professional visas and the "green card" process.

Vermette has written articles on immigration issues for business magazines and has been a guest lecturer and workshop presenter at institutions such as Dartmouth College, Franklin Pierce Law Center, Middlebury College, the University of New Hampshire, the National Association for Foreign Student Advisors, and human resource and health care associations.

Orr & Reno is pleased to announce that Richard Y. Uchida has joined the firm as a director and a member of the business practice group. Richard is a business lawyer with expertise in real estate development and all areas of land use planning and regulation. In addition, he advises clients on formations, acquisitions and sales of businesses, commercial leasing, and general day-to-day business issues. Richard subscribes to a philosophy of bringing value to his clients in all of their legal matters.

The general governing council of the Religious of Jesus and Mary recently approved the sale of the Villa Augustina School, a K-8 Catholic school in Goffstown, New Hampshire to a group of concerned parents.

It was almost five months ago, when the Religious of Jesus and Mary told parents they could not financially support the school they founded 90 years ago, making its closure almost certain. Since then, determined parents have created a transition team, developed a five-year plan, established two new non-profit corporations to operate as successors to the school, and raised necessary funds to purchase and upgrade the school. Parents and others, acting through the Villa Augustina Leadership Transition Team, devised a plan to continue the school through an independent non-profit successor corporation that will continue to operate the school as an independent Catholic school.

Orr & Reno attorney Todd Fahey has represented the parents of Villa Augustina School and the Villa Augustina Leadership Transition Team throughout the organizational process and negotiation of this transfer.

Union Leader Article: Sale of Villa Augustina to Parents Ok’d

On March 21, 2008, the New Hampshire Public Utilities Commission (“PUC”) issued an order declaring that Verizon had been improperly imposing “carrier common line charges” upon competitive local exchange carriers (“CLECs”) in instances where no Verizon “common line” was being used and where no Verizon end use customer was involved in the telephone call. Verizon was ordered by the PUC to cease billing these charges to CLECs. In addition, the PUC ruled that Verizon’s misinterpretation of its tariff had resulted in impermissible charges and therefore Verizon owes restitution to the CLECs. The PUC determined that “the aggregate potential Verizon liability appears to be on the order of $15 million to $20 million.” The exact amount and manner of refunds or reparations will be determined in a second phase of this case.

This case was initiated upon a complaint brought by Freedom Ring Communications, LLC d/b/a BayRing Communications which is represented by Attorney Susan Geiger, a shareholder and director of Orr & Reno, and a former PUC Commissioner.

On March 14, the New Hampshire Supreme Court, in a unanimous decision, ruled that MacDowell Colony, of Peterborough, New Hampshire, is a charitable organization under New Hampshire law and entitled to a property tax exemption.

MacDowell Colony was established in 1907 by Edward MacDowell, an internationally renown composer, and his wife, Marian, to “promote the arts … to encourage study, research and production of all branches of art … and to broaden their influence” throughout the world. The MacDowells dedicated their home in Peterborough to be “a place for work and companionship of students in all the arts.” Their generosity has given New Hampshire one of the most successful artist-in-residence programs in the country. Each year both established and emerging artists through a selective admission process are awarded fellowships to the Colony to work on art projects. Over the years Colony Fellows have included such well known artists as Thornton Wilder, Aaron Copland, Leonard Bernstein, Willa Cather and Alice Walker.

In its decision, the Supreme Court ruled that MacDowell’s mission is charitable because its “artist-in-residence ‘program primarily benefits society as a whole.’” In so ruling, the Court rejected the Town of Peterborough’s argument that MacDowell did not serve the general public because its property is used only by artists who are awarded fellowships. The Court stated that the “relevant inquiry is not whether the public…benefits from the organization’s property…but whether the public…benefits from the organization’s performance of its stated purpose,” in MacDowell’s case, “promotion of the arts.”

After the decision, MacDowell Colony released the following statement:

“Today’s Supreme Court decision affirming MacDowell’s longstanding property tax exemption is welcome news to all citizens who value the work done by charitable organizations in New Hampshire ... The Court’s ruling reminds us that municipalities and non-profits are on the same side, working to strengthen our communities and enhance the quality of life for all citizens …That the importance of the arts in the Granite State has not faded with the passage of so many generations serves as an inspiration to all of us.”

Bill Chapman represented MacDowell Colony. Other members of the firm who work on behalf of New Hampshire charitable organizations are Connie Lane, Vera Buck, John Malmberg, and Todd Fahey.

To read the full MacDowell Colony decision Click Here.

Long-time Orr & Reno partner Malcolm McLane passed away at his home on February 2, 2008. He was 83. For over 50 years at Orr & Reno, Malcolm was a distinguished trusts and estates lawyer. He joined the firm in 1952 and served as its president from 1981 to 1984. He had a long career in public life, serving on the Concord City Council for 20 years, as mayor of Concord from 1970 to 1976 and on the Executive Council from 1977 to 1982. Before settling in Concord with his wife Susan to raise their five children, Malcolm was a decorated fighter pilot in World War II, graduated from Dartmouth, was a Rhodes Scholar and graduated from Harvard Law School. His record for the fastest ascent to the AMC’s Greenleaf Hut on Mt. Lafayette still stands, and he captained the Dartmouth Ski Team. Malcolm was instrumental in the development of the Wildcat Mountain Ski Area and Concord’s Everett Arena and in the renovation and rejuvenation of the Capital Center for the Arts. He served numerous charitable organizations to promote a wide variety of interests, including education, social welfare and women’s rights.

“Malcolm’s unselfish public service, high professional standards and engaging, genuinely warm and funny manner provide a great example for all of us,” said John Malmberg, Orr & Reno president. “I will always be grateful for the opportunity to know him, for all he did for Concord and the State of New Hampshire and for his abiding loyalty and service to Orr & Reno.”

A service of thanksgiving and remembrance will be held on Sunday, February 10 at 3pm at St. Paul’s Episcopal Church of Concord with a reception for family and friends following the service hosted by Orr & Reno.

The Multi-Faceted Malcolm McLane, NH Public Radio, The Front Porch, January 2004. Click Here

Ex-mayor McLane dies at 83: Community leader helped shape city, Concord Monitor, February 2008. Click Here

Malcolm McLane: Concord mayor from 1970 to 1976, The Concord Monitor, February 2008. Click Here

McLane quietly made Concord a better place: Concord Monitor Article

Malcolm McLane was 'one of those old-fashioned lions': UnionLeader Article

Jeniffer Eber was elected to the Board of Directors of The Animal Rescue League of NH in February. Eber focuses her practice on commercial, insurance and employment litigation, domestic relations and animal rights litigation.

The Animal Rescue League of New Hampshire is a community resource dedicated to saving the lives of homeless pets, caring for companion animals afflicted by neglect, abandonment and cruelty and enhancing the relationship between people and pets through adoption, education, compassion and the promotion of animal welfare.

Bonnie Packard, Director of Government Relations, was nominated by U.S. Senator John Sununu (R-N.H.) to participate in the Business and Professional Women’s Leadership Summit in Washington in late April. Packard was one of 31 New Hampshire women nominated. The summit offers over 400 women leaders from across the country a forum to discuss economic growth, education, health care and other national political issues.

Five Orr & Reno attorneys undertook leadership roles during the 2007 Campaign for Legal Services:

• Jeremy D. Eggleton
• Emily Gray Rice
• Jessica E. Storey
• Kate J. Winstanley

These five attorneys have donated their time to help low-income members of the community receive legal assistance and raised funds to support the Legal Advice & Referral Center, the New Hampshire Pro Bono Referral Program and New Hampshire Legal Assistance.

Attorney Martha Van Oot will serve on the faculty for a new legal workshop for attorneys and others interested in business dissolutions being offered by the NH Bar Association. The program, Business Split-Ups: Issues Arising from Corporate and Partnership Fractures, will be held on Wednesday, May 14, 2008 at NH Bar Association Seminar Room.

The program will feature a panel of experienced practitioners discussing the legal issues that attorneys must help clients address during the dissolution of a business. The seminar will also look at resolving disputes among business owners that arise after an acquisition, merger or some other change of ownership. Details at www.nhbar.org.

Students at Pierce Law Center in Concord are benefiting from Connie Boyles Lane’s 27 years of diversified legal experience this term. As an adjunct professor, Lane is teaching a course on Nonprofit Organizations and Management. As a former executive director of two nonprofit organizations, Lane is familiar with the myriad legal and management issues facing both new and established nonprofit organizations. In addition, Lane has served on numerous nonprofit boards and provided strategic planning advice to numerous others as a consultant. Lane focuses her practice in the areas of business and real estate with an emphasis on nonprofits, financial transactions, small business and land use law.

Orr & Reno was pleased to be among the sponsors of the Corporate Governance Project recently completed by the NH Women’s Policy Institute. The research findings from the project were released in late January in the report titled, “Breaking Through the Granite Ceiling in Corporate New Hampshire.” Click Here.

The NH Women’s Policy Institute is a non-partisan, non-profit research organization dedicated to informing policies and decision-making related to women in New Hampshire. The Institute was founded in 2002 on a belief that credible, unbiased data on issues affecting women can inform meaningful policy change, enable the public and private sectors to work together more effectively, and advance the well-being of women in this state.

The New Hampshire Health Services Planning and Review Board (CON Board), on January 17, 2008, unanimously approved plans by Orr & Reno client Northeast Rehabilitation Hospital to build a 33 bed inpatient rehabilitation hospital at the Pease International Tradeport in Portsmouth, N.H. Attorneys John Malmberg and Jessica Storey represented Northeast Rehabilitation Hospital, which currently operates inpatient rehabilitation facilities in Salem and Nashua, as well as a network of outpatient rehabilitation centers in both New Hampshire and Massachusetts. The facility is expected to be in operation in 2010.

Reelected to the firm’s Management Committee were John Malmberg as president and Steve Winer as secretary. Lisa Snow Wade joins the committee as Treasurer. George Roussos has been elected Chairman of the Board.

Attorneys Susan S. Geiger, James F. Laboe and Connie Boyles Lane were elected shareholders and directors of the firm beginning January 2008.

John Malmberg was recently re-elected president of the board of directors of Second Start. Based in Concord, since 1971, Second Start, a private non-profit educational organization, has offered a wide variety of programs designed to improve the economic and educational well-being of New Hampshire residents. Programs offered throughout Merrimack County and all of NH include: adult basic education, job training and career counseling, education and training for at-risk youth and child care services.

Orr & Reno is pleased to welcome Courtney Curran Vore to the firm as a member of the family law practice group. Courtney has extensive experience handling domestic relations issues. Most recently she worked with McGrath & Kane, a domestic relations law firm in Boston. She has participated in numerous trials, involving complex financial issues, large and small business interests, multi-million dollar estates and various complicated financial scenarios.

Orr & Reno is pleased to announce that Denis Parker has joined the firm as a lobbyist with the government relations practice group. Denis is a well-known lobbyist with over 30 years experience working under the Statehouse dome. As the former executive director of the 7,000 member State Employees’ Association of NH, Denis developed and implemented various legislative initiatives requiring interaction with all levels of state government.

CONCORD, NH (December 31, 2007) Seven attorneys from Orr & Reno P.A. were recently selected as 2007 New England Super Lawyers. Orr & Reno is a full-service commercial law firm with a statewide presence and offices in Concord, New Hampshire.

While the annual publication selects only five percent of attorneys in the six New England states for this honor, the attorneys recognized from Orr & Reno represent 20 percent of the firm.

Noted for their work in the following practice areas were:

• William L. Chapman - Appellate
• Peter F. Burger – Business/Corporate
• Susan S. Geiger – Energy & Natural Resources
• Douglas L. Patch - Energy & Natural Resources
• George W. Roussos – Government Relations
• John A. Malmberg – Health Care
• Emily Gray Rice – Professional Liability: Defense

New England Super Lawyers adheres to a rigorous selection process to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and sophisticated consumers in the search for legal counsel.

Martha Van Oot recently joined the New Hampshire Bar Foundation as a board member. The New Hampshire Bar Foundation ranks eighth in annual grant disbursements among New Hampshire’s 430 charitable foundations. In 2007, the Bar Foundation awarded more than $1.75 million in grants to two-dozen nonprofit organizations that provide civil legal services for the disadvantaged or law-related educational programming.

Connie L. Rakowsky is collaborating with six other attorneys to present the full-day seminar, Due Diligence for the Buyer of a Small Business, on Friday, January 18, 2008. The interactive seminar will utilize case studies to examine topics such as knowing your buyer, acquisition entity issues, asset related issues, environmental matters and warranties and representation. Attorneys who infrequently represent buyers or have limited training in P&S negotiation and the due diligence process and the paralegals supporting them will benefit from the topics covered in this workshop. Details at www.nhbar.org.

Orr & Reno was recently named a “highly recommended” litigation firm by Benchmark. The publication cited the firm’s “notable expertise in medical malpractice litigation and strong role in media and First Amendment work representing clients including The New York Times, Fortune and The Associated Press.” In addition, four attorneys were specifically noted for their work by their peers.

Ronald Snow was recognized for being tireless in his advocacy and absolutely thorough.

Martha Van Oot was called a rock solid lawyer whether she is representing clients in trial or involved in mediation.

Emily Gray Rice earned attention for her employment, media and civil rights trial and private mediation work.

Steven Winer was recognized for his intelligence, analytical ability and excellent written and oral advocacy.

Orr & Reno is pleased to announce that Jeremy Eggleton and Kate Winstanley have become members of the New Hampshire Bar and joined the firm. Prior to joining the firm Jeremy worked for a decade in non-profit management both overseas and in the United States. Kate was a grant review program specialist for a government contractor in Washington, D.C.

Ten attorneys with the law firm of Orr & Reno P.A. have been selected by their peers for inclusion in The Best Lawyers in America® 2008.

Each year, the polling firm Woodward/White performs a wide-ranging search for the nation’s top attorneys and publishes the results.

The Orr & Reno attorneys named in their respective areas of law are:

• Peter Burger: Corporate Law and Real Estate Law
• William L. Chapman: Appellate Law and First Amendment Law
• Susan S. Geiger: Energy Law
• Howard M. Moffett: Health Care Law
• James E. Morris: Real Estate Law
• Douglas L. Patch: Energy Law
• Emily Gray Rice: Legal Malpractice Law
• George W. Roussos: Government Relations and Insurance Law
• Ronald L. Snow: Commercial Litigation, Medical Malpractice Law and Personal Injury Litigation
• Martha Van Oot: Legal Malpractice Law

Since it’s inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Howard Moffett was recently elected a Trustee of the Society for the Protection of New Hampshire Forests. Founded by a handful of concerned citizens in 1901, The Forest Society is now one of the country’s most effective statewide land conservation organizations. As a non-profit membership organization, The Forest Society is dedicated to protecting the state’s most important landscapes while promoting the wise use of its renewable natural resources.

Connie Rakowsky has been named Vice-Chair of the New Hampshire Small Business Development Center (NH SBDC) an outreach program of the UNH Whittemore School of Business and Economics.

The NH Small Business Development Center (NH SBDC) provides confidential business management consulting and educational programs to New Hampshire’s small businesses. NH SBDC is a cooperative venture with the U.S. Small Business Administration, the State of New Hampshire (DRED), the University System of New Hampshire, and the private sector. For more information on NH SBDC, visit www.nhsbdc.org.

Peter Burger was recently elected President of The Concord Boys and Girls Club. Over the past sixty-three years The Concord Boys and Girls Club has provided guidance and opportunity to thousands of local children from age six through graduation.

Peter Burger was recently elected Treasurer of the Greater Concord Chamber of Commerce. The Greater Concord Chamber of Commerce hosts a variety of events throughout the year. Key Committees include Local and State Government Affairs, Capital Area Student Leadership (CASL), Business Grants and Capital Region Visitor’s Council.

Michele L. Berardo, a paralegal with the firm, has been awarded the prestigious Advanced Certified Paralegal designation by NALA, the National Association of Legal Assistants/Paralegals.

Ms. Berardo completed requirements for advanced certification in the area of Trial Practice. She is now authorized to use the “ACP” designation.

Being a former executive director of two nonprofit organizations, Connie is familiar with the myriad of issues facing both new and established nonprofit organizations. She was the founding executive director of one of New Hampshire’s three legal assistance programs, Legal Advice & Referral Center, and former director of Pro Bono Program of the New Hampshire Bar Association.

Connie focuses her legal practice at Orr & Reno in the areas of business and real estate with an emphasis on not-for-profit, small business and land use law.

"Impact of New Hampshire's Civil Union Law on the Workplace" as published in Business NH Magazine's New Hampshire Law Handbook, July 2007.

Jim Bassett and Jeff Spear recently helped IMS Health, Inc. and Verispan, LLC enjoin 2006 N.H. Laws § 328, a New Hampshire statute - the first of its kind in the nation - which restricted the commercial use of information about physician prescribing practices. Following a week-long trial, Judge Paul Barbadoro held that the statute violated the free speech guarantees of the First Amendment. A detailed discussion of the issues involved in the case, as well as a copy of the Court's decision, can be found at IMS Health's website.

Orr & Reno is featured in the June 2007 issue of Business NH Magzine in an article entitled "Extreme Makeover Web Edition."

Click here to see the article.

On May 3, 2007, the New Hampshire Supreme Court affirmed a decision of the Cheshire County Superior Court (Sullivan, J.) in favor of ACAS Acquisitions (Precitech), Inc., which sought to enforce a non-competition agreement against the former Vice President of Sales and Marketing of Precitech, Inc. located in Keene, New Hampshire. The Court ruled that the non-competition and non-disclosure agreements were enforceable, that the contractual severance benefits were not "wages" under RSA 275, that the employee forfeited his right to severance benefits, and that ACAS was entitled to attorneys' fees.

The Greater Concord Chamber of Commerce announced that Orr & Reno P.A. is the recipient of the 2007 Pinnacle Award for Business of the Year. The firm was honored at the Pinnacle Luncheon on June 14, 2007.

The firm was selected for our support of community programs such as The Red River Theatre, Concord Community Music School, the Boys & Girls Club of Concord, New Hampshire Public Radio, the New Hampshire Humanities Council, the New Hampshire Bar Association and the Pro Bono Program in Merrimack County, among others.

We are proud to be recognized with this honor for our community involvement and support.

At the March 15, 2007 meeting of the New Hampshire Health Services Planning and Review Board, Attorney Malmberg represented two hospitals (Catholic Medical Center, Manchester, NH and Parkland Medical Center, Derry, NH) and a large physician group practice (Derry Medical Center, Derry, NH) in their joint petition for a determination that an $11 million outpatient facility being completed in Londonderry, NH by Elliot Hospital of Manchester, NH, must obtain a CON before offering services in over 60% of the building. The Board voted 8-0 to grant the petition and require Elliot Hospital to apply for a CON for the portion of the building that was proposed to be used for outpatient hospital services.

Orr & Reno is pleased to announce that Robert Carey has joined the firm. Prior to joining the firm's Litigation Group, Bob served as a Assistant Attorney General in the Criminal Bureau where he prosecuted white collar cases, homicides and public integrity cases. He is concentrating his practice in the areas of Commercial Litigation, White Collar Criminal Defense, Medical Malpractice, Products Liability and General Civil Litigation.

Our client ElderTrust of Florida, Inc. recently won an important victory in the New Hampshire Supreme Court. ElderTrust owns and operates a skilled nursing home and an assisted living facility in Epsom, New Hampshire. The town denied ElderTrust a charitable tax exemption on both facilities and ElderTrust challenged the denial and prevailed in superior court.

The town appealed, and the Supreme Court, in a decision issued on January 18, 2007, took the occasion to enunciate a four-part test that charitable organizations must satisfy to be entitled to a tax exemption. The court ruled that ElderTrust met the test and it affirmed the superior court decision.

Jess Storey and Bill Chapman represented ElderTrust in the case.

George Roussos, John Malmberg, and Steve Winer have been reelected to the Management Committee of the firm

Orr & Reno is pleased to announce that Heidi Cole has joined the firm. Heidi worked at a Boston law firm, and also interned in the Trial Division of the Massachusetts Office of the Attorney General, prior to joining the firm.

Attorney George Roussos and Government Relations Director Bonnie Packard on behalf of the New Hampshire Association of Domestic Insurance Companies achieved victory with the passage of House Bill 678. The bill will cut the state's two percent tax on insurance premiums to one percent over the next four years, making it the lowest in New England and the mid-Atlantic states. The reduction will save domestic insurers on the taxes they pay to New Hampshire as well as retaliatory taxes paid to other states.

Attorney Doug Patch representing the New Hampshire Association of Fire Chiefs lobbied successfully for the passage of "fire-safer" cigarettes legislation. The legislation, House Bill 645, goes into effect on October 1, 2007. Joined by the FIre Chiefs, Governor John Lynch signed the bill into law and said "states across the nation are beginning to switch to fire-safer cigarettes, and New Hampshire is at the forefront."

Orr & Reno is proud to announce that Emily Rice, co-chair of the firm’s litigation practice group, received the Donald Dufresne Professionalism Award on Friday, June 23, at the New Hampshire Bar Association’s annual meeting. The Dufresne award is given to an attorney that best fits the following description: “A professional lawyer is an expert in law pursuing a learned art in service to clients and in the spirit of public service; and engaging in these pursuits as part of a common calling to promote justice and public good.”

Attorney Rice is presently a member of the mediation panels of the New Hampshire Superior Court, the United States District Court for New Hampshire, and the New Hampshire Commission for Human Rights and a member of the Judicial Branch “Committee on Alternate Dispute Resolution”

In a decision issued on April 25, 2006, the New Hampshire Supreme Court agreed with senior Orr & Reno litigator Ron Snow that the trial court should have set aside a jury’s $2.3 million verdict in a wrongful birth medical malpractice suit. The plaintiffs in the case had argued that Dartmouth Hitchcock Medical Center had failed to inform them during the prenatal period of the increased possibility that their baby would be born with serious birth defects, thus depriving them of the opportunity to consider terminating the pregnancy. But, after describing the complex ultrasound and genetic testing and counseling that was undertaken both before and after the birth, the Court agreed with Snow that at trial the evidence showed that the Medical Center had told the parents of the possibility of birth defects. The Supreme Court declined to adopt the parents’ argument that they should have been told what was wrong with their baby and advised to consider termination. Thus, the Supreme Court reversed the trial court’s decision on post trial motions and set aside the verdict.

The decision is available on the website of the New Hampshire Supreme Court here.

"Expert Disclosures After the Exchange of Initial Reports" as published in New Hampshire Bar News, August 12, 2005.