Sheehey Attorney Kevin Lumpkin Successfully Defends Defamation Trial

Civil litigation partner Kevin A. Lumpkin participated in a multi-day jury trial in federal court in June, successfully defending his client against claims of defamation.  The jury returned a verdict in favor of Kevin’s client on five of six claims, and awarded nominal damages on the sixth.  The trial was held in Burlington before Judge William K. Sessions III.

Kevin is an experienced civil litigator who practices in state and federal court at both the trial and appellate levels.  He has successfully defended multiple jury and bench trials, participated in many civil hearings, and argued many times before the Vermont Supreme Court.  To contact Kevin, visit his firm profile.

Sheehey Attorney to Speak at CLE Event

Firm principal Mark Melendy will be a featured speaker on a three-person panel at two upcoming CLE events hosted by the Vermont Bar Association. On June 6, 2024 the panel discusses the recently enacted Uniform Directed Trust Act, and on June 7th, the recently enacted Uniform Trust Decanting Act.  Mark was a member of the Vermont Bar Association committees involved with drafting both of these Acts.  The presentation will focus on how the statutes work and how they enhance estate planning practice in Vermont.

You can learn more about the events and register by visiting the VBA’s website here.

Sheehey Attorney Honored by Vermont Bar Association

At the Vermont Bar Association Mid-Year Meeting on March 29, 2024 Sheehey partner Kevin A. Lumpkin was honored for his years of service on the Vermont Bar Association Board. Kevin served for seven years on the VBA Young Lawyers Division Board, serving as an at-large member followed by its Secretary, Treasurer, Chair-Elect, Chair, and Past Chair. Kevin organized many events and activities for young lawyers, helping to organize the annual Mid-Winter Thaw, young lawyer mixers, trivia nights, cookouts, and an evening at the Burlington paint and sip studio. For the final three years of his service on the YLD Board, Kevin served on the Vermont Bar Association Board of Managers.

VBA Board of Managers President Judith Dillon presented Kevin with a plaque at the Mid-Year Meeting honoring his dedication to the profession and his service to the Young Lawyers Division and Vermont Bar Association. Kevin will continue to serve his community on the Boards of Vermont Works for Women, where he serves as Treasurer, and Town Meeting Television, where he serves as President and Burlington Trustee. Sheehey partner Justin A. Brown now leads the Young Lawyers Division and serves on the Board of Managers.

Sheehey Sponsors Annual Chamber Celebration

Sheehey Furlong & Behm is pleased to continue its sponsorship of the Lake Champlain Regional Chamber of Commerce Annual Celebration. The celebration, now in its 113th year, brings together members of the Vermont business community for a night of celebration and connection. This year’s event reflects a new, more casual format allowing for more networking and connection among attendees. The festivities will be held on April 4, 2024 from 5:30 – 7:30 p.m. at the Hilton Burlington.

The Chamber, who hosts the event, strives to “power prosperity in the Lake Champlain region” through their work in the region, where they seek to promote a diverse visitor economy while celebrating the business community and nurturing emerging business talent.

Speaking about the event, Sheehey partner and Vice President of the Chamber Board, Heather Ross, stated, “The firm is proud to support the Chamber in its mission of promoting economic opportunity throughout Vermont.”

To learn more about the Chamber, you can visit their website, linked here.

Corporate Transparency Act – New Federal Reporting Requirement

A new federal reporting mandate became effective on January 1, 2024. The Corporate Transparency Act (CTA) requires “Reporting Companies” to report personal identifying information about the individuals who are “Beneficial Owners” and “Company Applicants” to the Financial Crimes Enforcement Network (FinCEN), a unit of the U.S. Department of the Treasury. FinCEN will maintain information gathered on a secure, non-public database for use by governmental authorities, certain financial institutions and financial regulators. This new requirement applies to limited liability companies, corporations, real estate holding companies, and more. All entities registered with a Secretary of State, which are not exempt from registration under the CTA, are now required to make these mandatory reports. Failure to file these reports can result in serious civil and criminal penalties.  This new federal report is in addition to, and not in place of, the annual reports customarily filed by entities with Secretary of State offices.

Generally, a Beneficial Owner is any individual who, directly or indirectly, exercises “Substantial Control” over a Reporting Company or owns or controls at least 25 percent of the Ownership Interests of a Reporting Company. Each Beneficial Owner of the Reporting Company must provide their full legal name, date of birth, current residential address, governmental identification information from a passport or driver’s license, and a copy of that identification document to FinCEN.

While some entities are exempt from the CTA beneficial ownership reporting requirements, many of the exemptions apply to companies in industries that are already heavily regulated (e.g. securities, banking, insurance), or to large companies.  Tax exempt non-profit corporations are expressly exempt from CTA beneficial ownership reporting requirements.

 

Reporting Requirements

Each Reporting Company must complete and file its initial report (BOI Report) online with FinCEN using the form that is accessible from the FinCEN website. Reporting Companies also have an ongoing obligation to timely update reporting information with FinCEN.  There is no filing fee associated with the online filing of a BOI Report.

 

Reporting Deadlines

Non-exempt entities created on or after January 1, 2024 have  90-days to file their initial BOI Report.  All non-exempt entities existing on or before December 31, 2023 have the entire 2024 calendar year to file their initial BOI Report.

 

Next Steps

Don’t wait!  All entities should review the requirements of the CTA and assess whether they are exempt from reporting. If reporting is required, Reporting Companies should file before the deadline to avoid penalties.

 

Visit FinCEN.gov  for reporting information and the latest updates on Beneficial Ownership Information reporting.

The transactional lawyers at Sheehey are prepared to assist our clients with questions about these new federal reporting obligations.

Sheehey Attorney Celebrates 35 Years

Sheehey Furlong & Behm is proud to honor firm principal Diane M. McCarthy on her 35th anniversary with the firm. Diane joined Sheehey as a paralegal in 1989. She then completed the Vermont Law Office Study Program, including a four-year clerkship under the tutelage of former firm principal Michael G. Furlong. Remembering his time as Diane’s mentor and beyond, Furlong commented, “It was my great privilege to work with Diane McCarthy for so many years — her start as a Sheehey paralegal, becoming a lawyer following the great Vermont tradition of reading law, and her growth into one of the most respected business lawyers in the State. Throughout, Diane has been a star and I could not be more pleased to recognize her many accomplishments.”

Diane passed the bar and joined the firm’s Real Estate team in 1997, becoming a principal of the firm in 2007. Over the course of her storied career at Sheehey, Diane has counseled clients in hundreds if not thousands of complex real estate, development, financing, and corporate transactions. Diane is always available to her clients, and is known for being extremely thorough, with an unparalleled focus and dedication to protecting her clients’ interests. In addition to growing a diverse practice, Diane served as the firm’s managing partner from 2011 until 2014 and leads the firm’s Transactional Team, encompassing both real estate and corporate services. Diane has been acknowledged for her work by The Best Lawyers In America, including being recognized as the 2024 Burlington Lawyer of the Year for Banking and Finance Law. She has also been recognized by New England Super Lawyers since 2020. In addition to her work with clients, Diane is a member of the Vermont Business Roundtable.

Firm principal Arline Duffy said of her colleague and friend, “I have known Diane McCarthy for over forty-five years, and she is the reason I joined this firm 15 years ago. She has been a tremendous mentor in all areas of transactional law and a role model in her dedication to providing our clients the highest quality legal work. Her leadership and commitment to the firm along with her creative problem-solving skills and deep legal knowledge exemplify what it means to be a lawyer at Sheehey. All of us at the firm are deeply grateful to have a colleague like Diane, and wish her the very best on this special anniversary.”

Sheehey Attorney Celebrates 15 Years

Sheehey Furlong & Behm would like to thank and celebrate firm principal Arline P. Duffy on her 15-year anniversary with the firm. Arline joined Sheehey in January 2009, and became a principal of the firm in 2016. Arline has curated a diverse practice serving business and non-profit clients in corporate, intellectual property, and employment matters, financial institutions on regulatory compliance, and homeowners’ associations on governance, collection and other matters. She is also a member of the firm’s estate planning team.
Firm principal Diane McCarthy praised Arline on this occasion, stating: “It has been a pleasure to work with Arline all of these 15 years. Her intellect, sense of fairness, and problem-solving skills have served our clients well. As a colleague and friend, I continue to be grateful that Arline joined Sheehey after relocating back to Vermont many years ago and appreciate all that she has done and continues to do for her clients, colleagues and community.”
In addition to Arline’s practice serving outside clients of the firm, she was recently elected as Sheehey’s in-house General Counsel. Sheehey Managing Partner Renee Mobbs commented: “I rely on Arline’s ability to issue-spot and identify and navigate risk, as I’m sure her clients do as well. I look forward to many more years working with Arline.” Arline has been recognized by the Best Lawyers in America for her work in Business Organizations Law and is the Chair of the Board of Directors for Mercy Connections, Inc. Sheehey would like to extend its gratitude to Arline for her 15 years of service, and congratulations on this noteworthy milestone.

 

Sheehey Elects New Managing Partner and General Counsel

Renee L. Mobbs, Managing Partner

Effective January 1, 2024, Sheehey Furlong & Behm P.C. has elected Renee Mobbs as Managing Partner and Arline Duffy as General Counsel of the firm. Renee will replace Ian Carleton, who will continue leading the firm’s robust litigation team.

Carleton noted, “It is with pleasure and gratitude that I pass the management baton over to my colleague and friend, Renee Mobbs.  Running a firm our size is not an easy task.  Given her background in business and organizational law, not to mention her excellent judgment and steady hand, I have no doubt Renee will do a superb job.  We are very lucky to have her at the helm.”

Mobbs joined the firm in January 2016, working primarily in Sheehey’s transactional practice group, and was elected as a director and shareholder of the firm in 2018. Renee’s practice includes counseling financial institutions, business and property owners, developers and homeowners’ associations in their daily operational concerns, as well as in commercial litigation and transactional matters. She is a past President of the Vermont Bar Foundation.

“I am honored by my partners’ trust and support in electing me to this role. With the help of our highly skilled operations and management team, including our new General Counsel, I am committed to building on Sheehey’s reputation as the best business law firm in the state, and to serving and supporting each and every person in our firm as we strive to exceed our clients’ expectations. I also want to thank Ian Carleton for his service in this role in 2023—but as one of the best (and busiest) litigators in the state, I am happy to see him return to his thriving practice full-time, much to the benefit of our clients and the firm.

Arline P. Duffy, General Counsel

Arline Duffy, the firm’s new General Counsel, joined the firm in 2009. Arline’s diverse practice includes assisting business and non-profit clients in corporate and employment matters, counseling financial institutions on regulatory compliance, and advising many homeowners’ associations. She is also a member of the firm’s estate planning team. Arline is currently the Chair of the Board of Mercy Connections, Inc.

Please join Sheehey in congratulating Renee and Arline on their new roles.

 

 

Sheehey Attorney Celebrates 10 Years

Sheehey Furlong & Behm would like to extend its congratulations to firm principal Kevin Lumpkin for his tenth anniversary at Sheehey. Kevin first joined the team in November of 2013, becoming an integral part of its robust litigation group, and was named as a principal of the firm in 2018. He practices at both the state and federal level and regularly acts as local council for national law firms litigating in Vermont. Since 2015, he has been selected to the New England list of Rising Stars by Super Lawyers magazine, and in 2020 was named as one of 40 rising stars under 40 by Vermont Business Magazine. At the firm, Kevin is known for his energetic and adaptable spirit, and the persistence with which he pursues his cases. He is remarked upon for his dedication, determination, and for continuously encouraging both attorneys and staff towards their ambitions. Please join us in congratulating Kevin on this important anniversary.

Sheehey Sponsors Empty Bowl Dinner

Sheehey Furlong & Behm will once again sponsor the Spectrum Youth & Family Services Empty Bowl Dinner. The annual dinner, to be held October 10th, brings together members of the local community who are able to select a handmade ceramic bowl to fill with soups donated by local businesses. In addition, attendees are able to purchase items on the Giving Board, from eyeglasses to textbooks and personal care items, to benefit local youth.

Spectrum Youth and Family Services has been serving Vermont communities over 50 years. Their mission is to empower local youths and their families to lead better lives and make positive, sustainable changes through prevention, intervention, and life skills services. Sheehey is proud to support Spectrum in their efforts to transform not only the lives of the individuals and families they serve, but also the communities they work in.