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Schwartz Hannum PC Is Ranked 16th On DiversityBusiness.com's List Of Top 50 Woman-Owned Businesses In Massachusetts
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> The Firm Kicks Off The Celebration Of Its 15th Year!
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Massachusetts Lawyers Weekly January 25, 2010 William E. Hannum III authored an article in Massachusetts Lawyers Weekly entitled: "The Wage And Hour Audit: State Law Traps." In the article, Will lists some (but not all) of the state law traps that have recently cost both employers and senior officers damages awards into the millions of dollars and could cost other companies the same if not complied with. Will says that "the odds are increasing that every company will be the target of some kind of wage and hour claim" and emphasizes the need and value of companies to conduct their own wage and hour audits.
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Dolan v. St. Louis and Thorgerson Docket No. 08-C-844
(Rockingham Superior Court)
December 2, 2009
The Firm successfully represented Defendants Wendy St. Louis and Valarie Thorgerson, employees of SunGard Securities Finance LLC ("SunGard") in obtaining dismissal of both of Plaintiff's claims against Defendants. Plaintiff's Complaint alleged tortious interference with advantageous relations and defamation. The Court dismissed both of Plaintiff's claims, agreeing with Defendants that res judicata barred Plaintiff's claims against St. Louis and Thorgerson because Plaintiff had a full and fair opportunity to litigate any claims he had arising from his employment circumstances in an earlier case against SunGard, which Plaintiff lost in federal court. Attorneys for St. Louis and Thorgerson were William E. Hannum III and Shannon M. Lynch.
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> Beverly National Bank v. Stephen F. Curran et al. Civil Action No. 09-4616-BLS2
(Suffolk Superior Court)
November 17, 2009
The Firm successfully represented Beverly National Bank (the "Bank") in obtaining an order (a) requiring a former employee and his new employer to immediately return confidential customer information that was misappropriated, (b) prohibiting them from using or disclosing any of the misappropriated information that they may have reviewed, and (c) establishing that any violation of the order shall constitute and be punishable as a contempt of Court.  Attorneys for the Bank were Sara Goldsmith Schwartzand Todd A. Newman.
   
   
> Hamilton v. Artel Video Systems, Inc. et al
Civil Action No. 08-1560
(Middlesex Superior Court)
October 8, 2009
The Firm successfully represented Artel Video Systems, Inc. (“Artel”) and three Artel executives in obtaining dismissal of all of Plaintiff’s claims against all four Defendants. Plaintiff’s Complaint alleged, among other things: pregnancy discrimination; disability discrimination; failure to reasonably accommodate Plaintiff’s pregnancy; violation of the Massachusetts Civil Rights Act (“MCRA”); and claims of individual liability against the three named individuals for aiding and abetting the alleged discrimination. The Court granted Defendants’ motion to dismiss the MCRA claim and Defendants’ motion for summary judgment on all remaining claims, thereby disposing of the case. Attorneys for the Defendants are Sara Goldsmith Schwartz and Shannon M. Lynch.
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> Forman, Conklin, Doherty & Farrar, P.C. v. Stephen J. Farrar et al. Civil Action No. 09-924C
(Essex Superior Court)
The Firm successfully represented individual Stephen J. Farrar, two of his business partners, and two of his business entities (“Defendants”) in obtaining an order denying Plaintiffs’ motion for a preliminary injunction that would have effectively shut down Defendants’ accounting and investment-advisory businesses. The Firm subsequently obtained an order permitting attachments on Plaintiffs’ real estate and bank accounts to secure Defendants’ likely award of damages on their various counterclaims. Attorneys for Defendants were Todd A. Newman and Mary Pat Hagan.

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> National Defense Authorization Act of 2010 February 11, 2010
National Business Officer’s Association ("NBOA") Webinar
Presented by Sara Goldsmith Schwartz
On October 28, 2009, President Obama signed into law the National Defense Authorization Act of 2010, which expands the qualifying exigency and military caregiver leaves under the Family and Medical Leave Act (FMLA). The recent changes in the law, combined with special rules for schools, make understanding and complying with the FMLA a challenge for the savviest of business officers. This Webinar will explain the policy and implementation changes required by the National Defense Authorization Act; review the types of leave available under the FMLA; explain how the FMLA applies to faculty during school breaks; and offer compliance strategies and practical implementation steps.
   
> FMLA – The Nuts and Bolts of Compliance With the Amended Family and Medical Leave Act February 23, 2010
Schwartz Hannum PC
9:00 a.m. to 12:00 p.m.
Sara Goldsmith Schwartz and Mary Pat Hagan will present this 2-hour seminar explaining the new FMLA regulations that took effect recently  in order to ensure that your organization is now in compliance.
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> Employee Free Choice Act (EFCA) Boot CampMarch 9, 2010
8:30 a.m. - 12:30p.m.
Schwartz Hannum PC
Schwartz Hannum PC has developed a one-day program for human resource professionals, labor relations professionals, in-house counsel, and managers at both unionized and non-unionized employers, who want to better understand and manage the big-picture and day-to-day operations of their business' labor-management relationships.
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> Employment Law Boot Camp
April 6 & 7, 2010
8:30 a.m. - 4:30p.m.
Schwartz Hannum PC
Presented in an interactive seminar format, Employment Law Boot Camp reinforces participants' existing knowledge of fundamental employment laws and personnel practices by exploring major risk areas and problem-solving strategies. Expert attorney instructors will provide extensive written resources, engaging real-life role-plays, and valuable networking opportunities for participants. Participants will receive a comprehensive Tool Kit containing essential compliance forms, checklists and guidance.
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> Labor Relations Boot Camp
April 13, 2010
8:30 a.m. - 4:30p.m.
Schwartz Hannum PC
Schwartz Hannum PC has developed a one-day program for human resources professionals, labor relations professionals, in-house counsel, and managers at both unionized and non-unionized employers, who want to better understand and manage the big-picture and day-to-day operations of their business' labor-management relationships.
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> Employment Law: Illuminating The Interviewing, Hiring And Termination Process May 4, 2010
8:30 a.m. to 10:30 a.m.
Enterprise Center at Salem State College
Salem, Massachusetts
Sara Goldsmith Schwartz will be the Speaker at this free workshop co-sponsored by the Small Business Development Center. This workshop will give you practical tips in the hiring and termination process such as the essential components of a job description, what you can and can’t ask in an interview, how to use reference checks to your advantage, how to convey the offer, when to use discipline, the discharge process and significant COBRA changes. If you think common sense is good enough in the hiring and termination process, think again!
www.enterprisectr.org

Recent E-Alerts
> Start 2010 Off Right: Review And Update Your Employment Policies
   
> Massachusetts Health Care Reform Law Compliance Tips
   
> Federal Contractors And Subcontractors: Re-evaluate Arbitration Provisions

Select Headlines from the Firm’s December 2009 Update

> The Wage And Hour Audit: Do It Now, Or Pay Later
   
> Agreements To Arbitrate Statutory Discrimination Claims Must Be "Clear And Unmistakable" To Be Enforced In Massachusetts
   
Misclassification Of Workers As Independent Contractors Carries High Costs For Employers
   
Massachusetts Data Security Regulations Finalized: Compliance Deadline Remains March 1, 2010

Specialty Presentations

Risky Business For Physicians:
Practical Tips for Limiting Liability
   
Employment Law Boot Camp for Managers
   
Employment Law Boot Camp for Executives
   
Employee Free Choice Act Boot Camp
   
The Nuts and Bolts of Compliance With the Amended Family and Medical Leave Act


The Firm publishes periodic Labor and Employment Law Updates describing recent developments in labor and employment law.

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> New England In-House November, 2009 William E. Hannum III authored an article in New England In-House entitled: "The Wage and Hour Audit: Do It Now, or Pay Later." The U.S. Department of Labor has promised greater enforcement of pay practices, wage and hour claims are increasing, and recent settlements, fines and damages are costing companies millions of dollars. In this article, Will lays out the critical need for companies to complete wage and hour audits of their pay practices and explains the traps where employers can get caught, i.e. overtime, misclassification as exempt, misclassified as an independent contractor, and failure to pay overtime.
Read the Article>
   
> Lawyers USANovember 16, 2009 William E. Hannum III was quoted in a Lawyers USA "Special Feature" entitled "20 Things Lawyers Need to Know in 2010." Tip 13 is entitled "Hiring Tips – don't get sued." In this section, Will suggests using a checklist of potential problem areas when hiring; having a detailed, accurate job description; and being sure to verify an applicant's legal eligibility to work.
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> Lawyers USA October 23, 2009 William E. Hannum III was quoted in an article entitled "Employers Brace For Flu Season" in Lawyers USA. The article talks about planning ahead and offers precautions employers can take to protect their businesses against the impact of the virus. In the article, Will advises that "Employers should think through the logistics: how do we cover if people are out sick and how do we continue to operate?"
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. Schwartz Hannum PC Is Certified As A Woman-Owned Business Enterprise By WBENC
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> Sara Schwartz and Will Hannum Are Named "Massachusetts Super Lawyers" For the Sixth Year in a Row
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> Chambers USA recognizes Sara Goldsmith Schwartz for the fourth consecutive year.
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