Portsmouth Office
One New Hampshire Avenue, Suite 125
Portsmouth, NH 03801
USA
Tel. (603) 766-1910
Fax. (603) 766-1901
mailbox@biz-patlaw.com
Mesmer & Deleault, PLLC
Manchester Office (Main Office)
41 Brook Street
Manchester, NH 03104
USA
Tel. (603) 668-1971
Fax. (603) 622-1445
mailbox@biz-patlaw.com
Prevention is better than cure.
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Copyright 2009-2021 Mesmer & Deleault, PLLC, all rights reserved.
Medicaid Liens - When you or someone you know receives financial or medical assistance through Medicaid, whether for nursing home coverage or for Old Age Assistance, Aid to the Needy Blind or Aid to the Permanently and Totally Disabled, you can expect that the State will try to recover that cost. Enter the Estate . . .

Depositions Under Rule 30(b)(6) - It's not uncommon for a company to get a subpoena requesting documents, often accompanied by a Notice of Taking Deposition. This is usually no big deal. We just make copies of the documents and send them with a certification that this is all the documents. Nobody actually has to go to a deposition. But a Notice of Taking Deposition with a subpoena . . .

Enforcing a Money Judgment - Someone owes you money, but is refusing or failing to pay. You file a lawsuit and prevail in court.
A judgment for the amount you are owed is awarded in your favor. That's great news, right? But what if the debtor is still refusing
or failing to pay? . . .

Mediation: A Non-Adversarial Approach to Conflict Resolution - If you've ever been involved in litigation, you've probably also experienced mediation, a non-adversarial form of alternative dispute resolution (ADR). It is a process . . .

Arbitration - Arbitration is a form of alternative dispute resolution (ADR). It is different from mediation, another form of ADR designed to settle the dispute
by discussions leading to compromise. Arbitration is adversarial like a trial. It results . . .

The Affidavit - An affidavit is a sworn statement given by a witness in writing under oath. It is usually formatted in numbered paragraphs
of one or two sentences each. The affidavit will list only facts known to the witness and does not usually include . . .

The New Proportional and Automatic Discovery ("PAD") Rules - Civil litigation is governed by rules of procedure in each jurisdiction.
New Hampshire courts have recently taken steps to modernize their rules of civil procedure. Designed to make the civil litigation process
more efficient and affordable, a civil rules pilot program began in 2010 in Strafford and Carroll County Superior Courts. On October 1, 2012,
the pilot project expanded into Hillsborough County Superior Courts . . .

WHEN YOU ARE HARMED, OR YOUR BUSINESS OR PROPERTY ARE HARMED - When someone harms you, your business or your property whether intentionally or unintentionally, the
law gives you certain rights including the right to a remedy for your harm or losses. The most . . .

Depositions - Depositions are often a part of discovery in litigation and arbitration cases. Discovery is the process by which each
side learns about the other side's evidence before trial, so . . .

Caution: Social Media - Social media has changed the world. Facebook, Twitter, LinkedIn, My Space, email, texting, and countless other internet
outlets now allow us to blog and blab all day long. We have plenty to say and . . .

COLLECTION LAW: The Nuts and Bolts - Whether you are the one who owes money (the "debtor") or the one who is owed money (the "creditor"), it is important to know what the rules of the collection game are. . .

Legal Documents of NH - Mesmer & Deleault, PLLC is pleased to announce the launch of our new website: www.legaldocsnh.com. Linked
to our existing website, Legal Documents of NH was established to help our clients easily purchase documents online. . .

File Sharing Lawsuits - People in New Hampshire have recently encountered copyright lawsuits related to file sharing software on the internet.
These private citizens received letters from Comcast and Metrocast (Internet Service Providers-ISP) with subpoenas calling for each ISP to reveal
the identities of more than 5,000 internet accounts. The ISP's . . .

Offering a License to a Potential Patent Infringer? Watch Out! - Say you are the owner of a US patent. You have discovered someone is
infringing your patent rights. One way to bring a potential infringer in line is to offer that person a license to use your patent for a reasonable royalty
payment. Watch out, though, this could raise some troublesome issues. In particular,. . .

The Litigation Hold - If your company gets notice of a litigation hold, be prepared to take action! Disregarding the litigation hold can mean big trouble.
What the heck is a litigation hold?.

Probate Litigation - Probate litigation is much like other civil litigation, but with some distinguishing factors mixed into what is already a difficult process.

False Patent Marking? You Could be Fined up to $500 Per Article Savvy patent owners know that it is important to mark their patented
articles as being covered by one or more patents. This is done by imprinting the articles or the packaging containing the patented articles with
the words "Patent" or "Pat." followed by the patent number. Patent marking puts the public on notice that the articles are protected by the
patent. Notice of the patent is a requirement for collecting any damages in a patent infringement suit.

Bankruptcy Preference Actions - Getting Sued for Getting Paid - That delinquent debtor is always way past due to pay on account with
your business. The big check finally comes in, to your relief.

Maintaining the Company Shield - Many business owners form limited liability companies (LLC's) or corporations to protect their personal
assets from liability.

The Time Limit for Construction Negligence Suits - A plaintiff typically has only a statute of limitations time limit to be concerned about
when filing a lawsuit.

Using a Federal Agency to Help You Protect Your Trademarks and Copyrights - US Customs and Border Protection (CBP) is an agency
of the US Department of Homeland Security dedicated to protecting against the importation of goods that infringe intellectual property rights.

Your Personal Liability Shield - If your business is a corporation or a limited liability company (LLC), you need to let the world know it.

Patent Infringement Insurance - Protecting your inventions with patents is a very important part of a business strategy. Patents cost
thousands of dollars to obtain, but can you afford to enforce your patent if someone infringes it?

New Residential Construction Law - On January 1, 2006, a new law affecting both contractors and homeowners goes into effect. The new
law, HB 469, requires homeowners give residential contractors 60-days' notice of construction defects and an opportunity to respond before
legal action can be filed.

Interest and Attorney Fees in Collection - Business owners sometimes encounter unpaid receivables. Sometimes the debtor appears to
have no good reason for refusing to pay.

The Equity Court - Once upon a time, long ago in a land across the sea (Merry Olde England), there were two courts, the law court and the
equity court.

Discovery Depositions - Cases in court often involve depositions. These are in-person interviews, under oath, in the presence of a
stenographer who is taking everything down.

Damages - In civil or commercial litigation, there are usually two main areas of proof: liability and damages.

Discovery Methods In Litigation - After a lawsuit is filed, the parties have an opportunity to find out what each other's case is about
through a process called discovery.

Is it legal? - "In the real world, there is often a big difference between the legal and the practical. That gap is often as wide as the gap between
human nature and common sense. Technically, a proposed solution might be perfectly legal, but it might not make sense as a practical
matter."

Mechanic's Liens and Attachments - Your business probably involves providing goods or services to consumers at your location or theirs. If
your customer does not pay the bill, you may need to consider a mechanic's lien attachment on their property. This is particularly prevalent in
construction cases or automotive repair, but the same principles can apply in many other kinds of cases.

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Business, Patent, Trademark, Estate Planning, and Litigation Attorneys