Renee Mobbs Wins Supreme Court Case Involving Commercial Lease Termination

Sheehey attorney Renee Mobbs recently won a victory in the Vermont Supreme Court in Pearl Street Partners v. Backstage, successfully arguing in both the trial court and the Supreme Court on appeal that a landlord has the right to terminate a commercial lease and evict the tenant if the tenant’s insurance coverage does not strictly comply with the requirements of the lease. Both the trial court and the Supreme Court agreed with Attorney Mobbs’ argument that insurance coverage is an important component of commercial leases, and that the tenant’s failure to obtain the necessary insurance constitutes a material breach, tantamount to playing financial Russian roulette. The courts declined to entertain the tenant’s equitable arguments, and instead enforced the terms of the parties’ lease according to its terms.

To read the decision, click here.

Vermont’s Coronavirus Relief Fund Explained: Part II

Note that all Sheehey guidance regarding COVID-19 is subject to change, as the legal landscape is evolving rapidly. Please note the date of publication for this bulletin, and be aware that things may have changed since then. Please check our COVID-19 landing page for the most up-to-date posts and contact us with any questions.

This post is the first in a three-part series explaining the Coronavirus Relief Fund (“CRF”), which was recently passed by the Vermont legislature and signed by the Governor.  Part II covers Agriculture and Other Business GrantsRead Part I here.  Note that a business may apply for grants from multiple sources within the CRF but – in most cases – may only receive funding from one program.

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Vermont’s Coronavirus Relief Fund Explained: Part I

Note that all Sheehey guidance regarding COVID-19 is subject to change, as the legal landscape is evolving rapidly. Please note the date of publication for this bulletin, and be aware that things may have changed since then. Please check our COVID-19 landing page for the most up-to-date posts and contact us with any questions.

This post is the first in a three-part series explaining the Coronavirus Relief Fund (“CRF”), which was recently passed by the Vermont legislature and signed by the Governor.  Part I covers Health Care Grants.  Note that a business may apply for grants from multiple sources within the CRF but – in most cases – may only receive funding from one program.

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Vermont’s Economic Recovery Grant Program Explained

Note that all Sheehey guidance regarding COVID-19 is subject to change, as the legal landscape is evolving rapidly. Please note the date of publication for this bulletin, and be aware that things may have changed since then. Please check our COVID-19 landing page for the most up-to-date posts and contact us with any questions.

Governor Phil Scott recently announced that Vermont’s Economic Recovery Grant Program will launch on July 6. This is the first round of multiple grant programs passing through the Vermont legislature and Governor’s office. This first round will be disbursed by the Vermont Department of Taxes and the Agency of Commerce and Community Development.

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Sheehey Welcomes Two Associate Attorneys to the Firm

Sheehey Furlong & Behm, is pleased to announce that attorneys Daniel J. Mullen and Sarah J. Heim have recently joined the firm.

Dan’s practice focuses on transactional and tax law, as well as design and construction industry matters. Prior to joining the firm, Dan was a corporate officer at Pennoni, an ENR (Engineer News Record Magazine) top-100 consulting engineering firm, serving as the Assistant General Counsel and Assistant Corporate Secretary. Dan graduated Order of the Coif from Temple University School of Law in 2014 and was the recipient of the Joseph W. Price Award for Outstanding Achievement in Tax Law. He served as executive editor of the Temple International and Comparative Law Journal. While in law school, Dan worked for the U.S. Internal Revenue Service and U.S. Department of Labor.

Sarah’s practice focuses on complex civil litigation, white collar defense and internal investigations. Prior to joining the firm, Sarah was an associate at two Vault 100 law firms in New York City, where she was a member of two trial teams for high-profile insider trading cases in the Southern District of New York. She also assisted in the defense of individuals and corporations in a variety of sensitive and high-profile matters in state and federal courts, regulatory inquiries, and investigations. Sarah graduated cum laude from Cornell Law School in 2013.

David Austin, Managing Director commented, “We are delighted that Dan and Sarah have joined the firm.  Their talent and experience is a valuable addition to both our business and litigation teams and will allow us to continue serving our clients at the highest level possible.”

The Paycheck Protection Program Flexibility Act of 2020 Explained

The Paycheck Protection Program Flexibility Act of 2020 (“PPP Flexibility Act”) makes borrower friendly changes to the Paycheck Protection Program created under the CARES Act. All changes listed below apply to existing and new loans unless otherwise indicated. Borrowers should contact their lenders to ensure that these loan modifications are made and that the changes are documented in writing.

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How Does Online Mediation Work? Jim Spink Is Here To Help

Since the COVID-19 pandemic began, Sheehey and its attorneys have adapted to serving their clients remotely while offices and gathering places remain closed.  Jim Spink specializes in alternative dispute resolution including mediation and arbitration.  Since the transition to remote work began, Jim has conducted many mediations via remote platforms like Zoom.  He has offered many tutorials to individuals and groups wanting to learn more about how remote mediation works, including several large private law firms, the Vermont Association for Justice, the Vermont Bar Association, and the Vermont Attorney General’s Office.

Curious about online mediation?  Contact Jim today to set up a brief tutorial at no charge.  To learn more about remote mediation, read our Remote Mediation page with basic information and Frequently Asked Questions.  If you’re ready to schedule a remote mediation, check Jim’s mediation calendar and get in touch.

Heather Ross to Present an Overview of the Families First Coronavirus Response Act

Sheehey attorney Heather Ross, along with the Lake Champlain Regional Chamber of Commerce, will present an overview of the Families First Coronavirus Response Act (FFCRA) via a free webinar on Tuesday, May 26th from 9 – 10:30am.  The webinar will cover FFCRA and its interaction with other state and federal programs, and how to use it to the advantage of you and your employees.

For more information or to register click here.

Heather is a partner of Sheehey, her practice focuses on employment, health care and litigation.

Sheehey Voted Best Corporate Law Firm

For the second year in a row, Sheehey has received Vermont Business Magazine’s Best of Business Award for Best Corporate Law Firm. Over 53,000 votes were cast in 100 business-to-business categories – thank you voters!

Click here to read more about our corporate law practice.

Executing Wills in Vermont Amid COVID-19

Note that all Sheehey guidance regarding COVID-19 is subject to change, as the legal landscape is evolving rapidly. Please note the date of publication for this bulletin, and be aware that things may have changed since then. Please check our COVID-19 landing page for the most up-to-date posts and contact us with any questions.

Under most circumstances, in order to execute a will under Vermont law, the following requirements must be met:

  • The will must be in writing;
  • The will must be signed by the testator (the person making the will) or another person in the presence of the testator and at the testator’s express direction; and
  • The will must be attested and subscribed to by at least two credible witnesses in the presence of the testator and of each other.

Stated more simply, a Vermont will signing ceremony requires at least three persons to be present together at the same time, in the same room, all in view of one another, and with all placing a wet ink signature to the same paper document.  This poses significant challenges in the time of COVID-19.

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