Category: Attorney Blog

Why is a deposit so necessary to a purchase and sale agreement?

Several times clients that are purchasing real estate have asked, “Do I really need to give a deposit?” The parties say “This is a friendly transaction, is it really necessary to give the seller a deposit when entering into a purchase and sale agreement?  There are actually several good reasons for requiring a deposit with […]

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LET’S KEEP IT PRIVATE

                It has been almost eighteen years since the U.S. Department of Health and Human Services, late in 2000, issued the HIPAA Privacy Rules to promote the privacy of individuals’ “protected health information.”  Shortly thereafter, patients started seeing in their doctors’ offices “Notices  of Privacy Practices”—usually in little pamphlet forms, or else just printed on […]

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The Forgotten Step in Estate Planning: Beneficiary Designations

Individuals often believe that a last will and testament is sufficient estate planning. However, a complete estate plan includes a last will and testament and planning for incapacity with a financial power of attorney and an advance health care directive. In some cases, a revocable living trust will also be included in the estate plan. […]

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New IRS Rules Regarding Partnership Audits (including LLCs), Part I

This blog will be part one of three regarding the new IRS BBA Rules regarding partnership audits that went into effect on January 1, 2018. Background: For over 35 years the IRS has wrestled with effectively auditing partnerships and their partners (including LLCs and their members, once LLCs began being widely used in the 1990s). […]

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Ensuring Compliance with Harassment Training Obligations

The national attention given recently to sexual harassment serves as a good reminder to Maine employers of their obligations to employees in this context. In addition, the first of a new year is always a good time to renew a commitment to a harassment free workplace and ensure compliance with training requirements. In terms of […]

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U.S. Department of Labor’s OSHA Extends Compliance Date for Electronically Submitting Injury, Illness Reports to December 15, 2017

To allow affected employers additional time to become familiar with a new electronic reporting system launched on August 1, 2017, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced on November 22, 2017, that it has extended the  date by which employers must electronically report injury and illness data through the Injury Tracking Application (ITA) […]

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Minimum Salary Level for Maine Exempt Employees Rises To $30,000 per Year, or $576.93 per Week, Effective on January 1, 2018

Referendum Question 4, approved by Maine voters in November, 2016, raised the Maine minimum wage to $9.00 per hour, effective on January 7, 2017, and to $10.00 per hour effective as of January 1, 2018, with more annual increases in later years. A consequence of that change was that the minimum salary in Maine for […]

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LUPC VARIANCE

            The State legislature created the Maine Land Use Planning Commission (LUPC) formerly known as the Land Use Regulatory Commission (LURC) by statute entitled 12 MRSA Chapter 206-A Land Use Regulation.  The LUPC is charged with interpreting, applying and enforcing Maine’s Comprehensive Land Use Plan for Maine’s unorganized and deorganized territories including plantations and townships. […]

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Employers Can be At Risk for Breaches of Personal Employee Information  

In the course of ordinary business, employers often come into possession of personal and very confidential information pertaining to its employees, including Social Security numbers, dates of birth, bank account information, and even health information developed through a wellness program, requests for leave or disability benefits.  This information may come from background investigations or from […]

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In Light of the Recent Devastating Wind Storm, You May Want to Take a Look at Your Homeowner’s Insurance Policy

Last week, a wind storm of epic proportions ravaged much of Maine.  High speed winds knocked down trees, blew off roofs, and wreaked havoc with the power grid.  As of the writing of this blog, news sources have estimated that during the peak of the storm almost 495,000 Maine homes and businesses lost power.  For […]

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