NH Business Review June 5, 2020

JUNE 5 - 18, 2020 VOL. 42 • NO. 11 • $1.75

ONLINE @ NHBR.COM

A ‘biological hurricane’

NH’s already vulnerable child care industry overwhelmed by coronavirus PAGE 10

FEATURED INTERVIEW

Q&A: Bernstein Shur CEO Joan Fortin PAGE 30

The CARES Act’s expanded access to Chapter 11 relief PAGE 21 Cook: Running an election in the time PAGE 9 of Covid-19 Another earthquake hits New Hampshire media Coronavirus tests resilience, adaptability of industry

BY MICHAEL MCCORD

Kate & Keith Photography, courtesy NH Community Loan Fund

NH venues ‘in a holding pattern’

State’s entertainment facilities await guidelines for reopening

BY LIISA RAJALA

It may be quiet among the rows of empty seats, but there are ongoing discussions behind the scenes as to when entertainment venues will get the go-ahead to reopen and what processes there will be to go about it.

In May, the Governor’s Economic Reopening Task Force recommended reopening guidelines for art galleries and museums but not entertainment

venues. The recommendations must still be approved by the governor before taking effect.

“Many arts organizations are looking to public health, government for guidance on crowd size, physical distancing, hygiene requirements, travel restrictions and more,” not only for audiences but ENTERTAINMENT, PAGE 15

It may take years to fully comprehend the economic devastation caused by the coronavirus pandemic. Few industries have been spared as the unemployment rate in New Hampshire skyrocketed to 16.7 % in April.

Nationally, media companies small and large have taken a major hit at a time when the public is desperate for information about the pandemic.

It’s a similar dichotomy for hospitals and healthcare systems: They have been at the forefront of confronting the pandemic but were financially undermined for months with stay-at-home directives combined with the cancellation of everything from routine doctor visits to elective surgery.

A decade after the financial crisis of 200809, which was an earthquake for the industry, MEDIA, PAGE 16

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IN BRIEF

NH’s chambers of commerce ‘challenged’ by Covid

Chambers of commerce across represent about 55% of revenues and proceeds from events New Hampshire have been at the about 45% to fund his chamber’s annual operating budget forefront of efforts to help businesses of $750,000. weather the economic fallout from “Revenues from dues are drying up,” said Gifford. the coronavirus outbreak, but despite Likewise, John Nyhan, president of the Hampton Area their own strained finances, they find Chamber of Commerce, said that many of his 500 members themselves without a place in the are in the hospitality sector — restaurants, lodging and enqueue for assistance. tertainment venues — where operations have been severely From the onset of the pandemic, affected by both the initial closures and subsequent restricchambers have served as liaisons tions.

NASHUAthe REGION LAKES REGION UNTRY and brokers between the state agenMoreover, the chamber draws a major share of its revenue cies in Concord and local business from summer events, especially the annual Hampton Beach communities. Karmen Gifford, presi- Seafood Festival, which Nyhan said funds a quarter of the dent of the Lakes Region Chamber of budget.

Commerce, said that for weeks offiWendy Hunt, president and CEO of the Greater MerriKarmen Gifford, cials from between 20 and 25 chammack-Souhegan Valley Chamber of Commerce and chair of BUSINESS TECH, ARCHITECTURE, ENGINEERING, HOSPITALS, BANKING, PERSONAL FINANCE, ENERGY president of the bers regularly have taken part in a the New Hampshire Association of Chamber of Commerce OW: FEATURE JUMPS, FLOTSAM, LAW, OPINIONS, THE LATEST, ABOUT TOWN LakesSTORY RegionAND Chamber of IN BRIEF, call, initially with Gov. ChrisNEWS, Sununu and since with Executives, said the chambers, which operate on “bareW: REAL ESTATE + CONSTRUCTION, EDUCATION, HEALTHCARE, TOURISM, CHARITABLE GIVING, MORE ONLINE Commerce, says her organiTaylorCALENDAR, Caswell, LAST commissioner of the Department of bones budgets,” have reduced staff and trimmed hours to W: AREA GRAPHICS, another TOURISM choice, WORD zation’s sources of revenue Business and Economic Affairs.

“We are a conduit,” make ends meet. “It’s very frustrating,” she said. “We’ve nev‘are drying up’ during the she said, “a channel of communication between the er worked harder to put out information — and not just to pandemic. state and businesses.” members but to all businesses in our communities. We need “We’re challenged,” said Tim Sink, longtime president some financial help.” of the Greater Concord Chamber of Commerce, “but I’m exIn May, Gov. Chris Sununu announced that $60 million in cited by the role we’re playing. Chambers are convenors. federal funds distributed through the Coronavirus Aid, Relief We bring people together.” and Economic Security (CARES) Act would be designated Some 40 chambers of commerce are scattered around to nonprofit organizations. the state, slightly more than half of them employing salaried However, the wording of the CARES Act appears to permit staff and the rest drawing on volunteers. funding to some nonprofit organizations while denying it to “Most operate on a shoestring with little or no cash re- others, including chambers of commerce, which are classiserves,” said Sink. He explained that dues from members fied differently by the IRS. — MICHAEL KITCH

Fireworks business fizzles without public displays For Steve Pelkey and others in the pyrotechnic business, the Covid-19 outbreak could not have come at a worse time.

Pelkey, owner of Atlas PyroVision Entertainment in Jaffrey, said his business spends 10 months out of the year planning for the Fourth of July and other summer occasions, like concerts, sporting events and festivals.

But while New Hampshire has been taking small steps toward reopening its economy, Pelkey said there’s no telling how long it will be until the large events that keep his business afloat will be allowed to take place again.

“Approximately 70% of our business is public displays and event performance,” Pelkey said.

“The remaining 30% of our business is consumer firework sales out of our stores.”

Atlas PyroVision, based in Jaffrey, has been in business since 1949, and Pelkey’s family purchased it 30 years later. Pelkey himself took over the business in 1986 before purchasing it outright in 1990. He said the company is behind about 70% of all professional pyrotechnic dis-

Ernesto Burden Vice President/Publisher eburden@mcleancommunications.com, ext. 5117 Jeff Feingold Editor jfeingold@nhbr.com, ext. 5118 Liisa Rajala Associate Editor lrajala@nhbr.com, ext. 5158 Bob Sanders Staff Writer bsanders@nhbr.com, ext. 5136 Mista McDonnell Business Manager mmcdonnell@nhbr.com, ext. 5114 Jodie Hall Creative Services Director jhall@nhbr.com, ext. 5122 Nancy Tichanuk Senior Graphic Artist ntichanuk@mcleancommunications.com, ext. 5116 Robin Saling Graphic Artist rsaling@nhbr.com, ext. 5124 Kimberly Lencki Advertising Sales Director klencki@mcleancommunications.com, ext. 5154 Karen Bachelder Sales Executive kbachelder@nhbr.com, ext. 5148 Cynthia Stone Sales Executive cstone@nhbr.com, ext. 5146 Connie McCullion Sales Executive cmccullion@nhbr.com, ext. 5121 Ronnie Schlender Special Projects Sales Representative rschlender@nhbr.com, ext. 5150 Angela LeBrun Sales & Marketing Coordinator alebrun@mcleancommunications.com, ext. 5120 Emily Samatis Event & Marketing Manager esamatis@mcleancommunications.com, ext. 5125 Heather Rood Business and Sales Coordinator hrood@mcleancommunications.com, ext. 5110 Morgen Connor Digital Media Specialist mconnor@mcleancommunications.com, ext. 5149

plays in New England.

On May 11, retail facilities were allowed to resume in-person operations with some restrictions, and that includes vendors who sell fireworks for personal use. Those businesses report strong sales since they reopened, just in time for summer, their busiest season.

Even with having to operate at less than 50% capacity, Phantom Fireworks of Hinsdale is doing a brisk business, manager Mary Bebey said Monday. “Right now we are very busy,” she said. “Now everybody knows we’re open,

Jaffreybased Atlas PyroVision, says it’s struggling to make ends meet as the novel coronavirus wreaks havoc on the entertainment industry. Seventy percent of its business is public displays and event performances, with just 30% from consumer firework sales at its four locations.

and they’re coming in.”

Stateline Fireworks in Winchester opened with a sale and was “slammed,” said co-owner Pamela WilcoxDapkus. The store has been able to call back all of the 17 mostly part-time employees laid off when retail establishments were forced to shut down to stem the spread of Covid-19, she said.

Pelkey said the retail element of his business has been off to a slow start at his four locations, but added that it’s normal this time of

year. He said annual trends show a steep uptick in sales between late May and the weeks leading up to the Fourth.

“It’s certainly not enough to sustain us until the next season,” he said. “Unlike a lot of industries that can deal with a phased-in rollout of reopening, [our busy season] is one time of the year and it’s done. There’s no second Fourth of July.”

— MIA SUMMERSON/ GRANITE STATE NEWS COLLABORATIVE

Brook Holmberg Vice President, Consumer Marketing brookh@yankeepub.com Sherin Pierce Vice President, Retail Sales sherinp@yankeepub.com

150 Dow St., Manchester, NH 03101 (603) 624-1442 • www.nhbr.com Subscription Information: (877) 494-2036 or NHBR@emailcustomerservice.com NHBR (USPS 413430) New Hampshire Business Review is published 26 times a year, bi-weekly (except for July and December), with an additional issue in July and December, by McLean Communications, 150 Dow Street, Manchester, NH 03101. Periodical postage paid at Manchester, NH. Subscription rates: One year, $32, two years, $55, three years, $80. Single copy $1.75. POSTMASTER: Send address changes to NHBR, PO Box 433273, Palm Coast, FL 32143. NHBR assumes no responsibility for typographical errors that do not materially affect the value of the advertisement. This publication’s liability for an error shall not exceed the cost of the space occupied by the error. (ISSN: 0164-8152)

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New Hampshire, we’re committed to helping you through this At Bank of America, we recognize this health and humanitarian crisis has impacted everyone in different ways. Across our company, we’re focused on supporting the wellbeing of our teammates, providing the essential financial services our clients need, and helping communities across the country move forward.

We know small businesses have been especially impacted. We feel a deep sense of responsibility for helping them navigate the current environment, and to secure vital funding to stay operational and be able to pay their employees. This includes our around-the-clock efforts to support clients through the Small Business Administration’s (SBA) Paycheck Protection Program (PPP).

Our teammates are also focused on helping customers access additional resources.

Through our Client Assistance Program, we’ve provided more than 1.6 million deferrals of mortgage, credit card and auto loan payments.

I am inspired and proud of the way all of us in New Hampshire have come together during this difficult time. Please stay safe.

Ken Sheldon New Hampshire Market President

For more information, please visit bankofamerica.com/community.

Data as of May 15, 2020 Bank of America, N.A. Member FDIC. Equal Housing Lender

© 2020 Bank of America Corporation. All rights reserved.

Over 300,000 of our small business clients have received PPP funding for more than $25 billion in relief.

Of the funded PPP loans to date, • 98% are for companies with fewer than 100 employees.

• 81% are for companies with 10 or fewer employees.

• 23% are from low- to moderateincome neighborhoods.

In New Hampshire, this includes funding for 964 of our small business clients totaling $111 million.

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IN BRIEF

New Hampshire pool dealers see huge wave of demand

Mullen wrapping up legacy of success as Pease director

David Mullen will retire as executive director of the Pease Development Authority on June 30.

Memorial weekend is NASHUA typically a Mullen previously announced his intent to retire from the REGION LAKESDay REGION UNTRY big weekend for pool store sales, but tradeport position but had not given a specific date. this year store owners were scrambling Mullen’s successor, beginning July 1, is Paul Brean, the to keep up with the high demand crePDA airport manager who also had been serving as depuated by New Hampshire’s Covid-19 ty director pending Mullen’s retirement. stay-at-home order.

“We knew this day was coming,” said PDA chair Kevin “Sales have increased dramaticalSmith in a teleconference meeting of the PDA. Smith cited BUSINESS TECH, ARCHITECTURE, ENGINEERING, HOSPITALS, BANKING, PERSONAL FINANCE, ENERGY especially since the FLOTSAM, weatherLAW, hasOPINIONS, THEMullen’s service to the state, dating back to 1990 when OW: FEATUREly, STORY AND JUMPS, IN BRIEF, LATEST, ABOUT TOWN changed,” said EDUCATION, Peter White, ownerTOURISM, NEWS, W: REAL ESTATE + CONSTRUCTION, HEALTHCARE, CHARITABLE GIVING, MORE ONLINE he was the state industrial representative with the former of Aquatime Pools & SpasCALENDAR, in Hudson.

W: AREA GRAPHICS, another TOURISM choice, LAST WORD New Hampshire Department of Economic Development. In “Since the beginning of May, the phone 1998, he became director of marketing and economic dehas been ringing off the hook. So there velopment for the PDA. In 2003, he took on the additional is going to be the seasonal load and role as deputy executive director, and served two stints as the additional pandemic load, so it’s acting director, before the 2009 appointment as executive going to be a real strain on the supply director. chain.”

Under Mullen’s stewardship, according to Smith, overall Jeff Huberty, one of the owners of payroll to all employees working at the tradeport increased Empire Pools and Spas, with locations from $221 million a year in 2000 to $700 million a year in in Concord and Manchester, said in his 2019. Rooms and meals tax paid to the state from tradeport 28 years in the business he has never tenants increased from $4.8 million in 2002 to $16.2 million seen anything like this. “From the minin 2019. ute we open the doors in the morning till we close at night we are mobbed,” he said.

CONCORD: Gov. Chris Sununu beds. It plans to keep four faciliEmpire Pools and Spas sells abovehas extended the state’s stay- ties open in Manchester, Plymouth, ground pools from a supplier in Canaat-home order until at least June Durham and Littleton. da and another in New York, Manches15. The order keeps many parts of ter Sales Manager Nicole Soterion said. the state closed and encourages The stores sell between 120 and 160 people to limit their travel to nepools from fall through spring, Huberty cessities. The governor said health said officials and task forces looking at They haven’t tallied the sales for this new policies and guidelines to reyear yet, but according to Soterion, open would continue to eye data total sales for this year is about 140, and “constantly look” at flex openwhich will likely be it for the year, since ing more businesses and organizathey can’t get their hands on any more tions. “It is our hope and intention” above ground pools. to end the order on June 15. “That’s “The manufacturers cannot supply us the hope. We’ll watch the data and PORTSMOUTH: Longtime with any more pools this year,” Huberty New Hampshire legislator Martha see where we are.” said.

Fuller Clark announced Thursday The Canadian supplier remains closed CONCORD: New Hampshire’s that she is retiring from office and and the New York supplier is only beunemployment rate for April was won’t seek reelection this year, ginning to reopen after a nine-week 16.3%, the highest rate since 1976, saying it’s time for “a new generahiatus, they said. the earliest year such data is avail- tion of political leaders” to fill her Seasonal Specialty Stores in Amherst able. The rate, a reflection of the seat. Fuller Clark, a state senator, has also been swamped, said Assistant Covid-19 pandemic on the state’s was first elected to that chamber Manager Thomas Stover. The store sells economy, was an increase of 13.9% in 2004. The Democrat lost to a Reabove-ground pools and spas, pool acfrom the March rate. The April 2019 publican in 2010. She was elected cessories and supplies as well as patio in 2012 to a newly redrawn district rate was 2.5%. furniture and grills. representing Portsmouth and other “This is my eighth year here and it CONCORD: New Hampshire Seacoast communities. Before the is the craziest year that we have ever plans to start breaking down most Senate, she was a member of the had,” he said. “Even when we were of its “flex facilities” to handle House for 12 years. closed back in April we were slammed hospital overflow for coronavirus with online orders and phone orders. cases starting next week, saying CONCORD: New Hampshire Our storefront was closed. As soon that hospitals have created surge will receive more than $3 million in as we opened the doors, all hell broke spaces of their own, if needed. The a multistate settlement with auto loose,” he said.

— MEGHAN PIERCE/GRANITE STATE NEWS COLLABORATIVE

state had set up 14 facilities around New Hampshire for about 1,600

loan financing company Santander Consumer USA, the nation’s largest subprime auto financing company,

Currently, said Smith, 250 companies employ about 10,500 people at the tradeport, noting, “4.6 million square feet of commercial and industrial land has been developed or has been approved for development, with only about 25 acres remaining to be developed. That is quite the legacy to leave behind, to say the least.”

“David’s done a great job; we’ve been so fortunate to have him,” said Peter Loughlin, a longtime board member from Portsmouth.

In comments to the board, Mullen said, “It’s been a great run and I’ve been very proud of the members of the team and thank you for your continued support.”

— FOSTER’S DAILY DEMOCRAT

over allegations that it knowingly targeted consumers who were likely to default on its loans. The settlement stems from an investigation by 34 attorneys general of Santander’s lending practices, which they said knew that certain segments of its population were predicted to have a high likelihood of default.

Santander exposed these borrowers to unnecessarily high levels of risk through high loan-to-value ratios, significant backend fees and high payment-to-income ratios, the attorneys general said.

MANCHESTER:

Awato LLC, a developer of personalized career pathfinding software, is partnering with the New Hampshire Bureau of Career Development to provide a statewide career pathways platform for all middle school and high school students. Under the four-and-a-half-year, $1.1 million contract, all New Hampshire students will receive a personalized career plan and direct connections to local employers. The platform, offered at no cost to all middle and high schools in New Hampshire, is aimed at increasing access and participation in work-based learning opportunities, said Awato cofounder Matthew Guruge.

WASHINGTON, D.C.:

U.S.

Rep. Annie Kuster, D-2nd Dist., is helping to lead an effort calling for the Federal Trade Commission to investigate the short video app TikTok for “blatant disregard” of a consent decree related to children’s privacy. A letter, put together

by Kuster and fellow Democrat Jan Schakowsky of Illinois, was sent by them and 12 other members of the House Energy and Commerce Committee calling for the FTC to investigate why TikTok failed to take down certain videos after it was found in violation of a federal law that protects children’s privacy.

It had agreed to do so under a 2019 consent agreement with the FTC.

ALBANY:

Gov. Chris Sununu says the state is “looking into” an arrest in the Mt. Washington Valley town of Albany in May that was streamed live and circulated widely on social media. The video shows 34-year-old Jean Ronald Saint Preux, an African American man, being arrested by two New Hampshire state troopers and pulled out of his car after allegedly resisting arrest. Saint Preux claims that troopers passed him while he was driving in Albany and then pulled him over. He claims there were no grounds for the traffic stop, and that he was mistreated because of his race.

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EMPLOYEES are changing their summer vacation plans due to the pandemic. A survey by Robert Half of 1,000 office workers showed 28% of employees anticipate taking fewer days off in the summer months and 37% will save their vacation time for later in the year. While one-quarter of workers reported their employer or manager has encouraged them to take time off, 66% said there has been no communication about using vacation days and 9% revealed they’ve been discouraged from taking time off from work.

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NEARLY half of small business

owners (46%) worry they cannot afford to resume normal operations following mandated closures to slow the spread of Covid-19, according to a survey by LendingTree of nearly 1,000 business owners.

Some 39% of small business owners say their greatest fear is they would not generate enough sales to make reopening worthwhile.

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THEIR fears stem from adhering to safety guidelines that would limit their capacity to 25% or 50%, affecting their bottom line. Only 17% of small businesses say they will get the same number of customers spending the same amount they did prior to the outbreak.

THE NH BUSINESS REVIEW PODCAST

THOSE planning to reopen

(54%) will inform customers of their reopening by email. To further encourage business, 43% plan to offer special promotions or sales. A further 31% plan to use paid social media ads and another 35% will use unpaid organic social media content to promote their business in the first month after reopening. Less than 9% of businesses say they are going to opt-out of promoting their business after reopening.

THE INSIDER’S GUIDE FROM NH’S BUSINESS NEWS LEADERS Each week, on the Down To Business podcast, NH Business Review’s editors and writers analyze the most important news affecting business in New Hampshire, drawing on firsthand reporting to provide the most timely, insightful and actionable business news analysis in New Hampshire.

ALMOST six in ten small businesses are set to reopen as soon as they are allowed. However, 15% say they are willing to wait and see before reopening and another 26% are not sure whether they will ever reopen. Thirty percent of small business owner are nervous they may have to shut down again if there is another spike in infections.

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Juliana Eades, who built the New Hampshire Community Loan Fund into a nationally recognized lender on behalf of disadvantaged people, communities and businesses, will retire as its president on June 30.

Eades, who was hired in 1984 as the Community Loan Fund’s first employee, said she is “so proud of all the opportunities that people have realized with our capital and training over the last 36 years.”

Since its founding, the organization has lent $350 million for nearly 10,000 affordable housing units, 3,800 jobs and 4,400 child care spaces in New Hampshire that wouldn’t otherwise have gotten financing.

Under her leadership, the Community

Loan Fund also became known nationally for innovation, especially for cooperative ownership of manufactured-home communities, a strong base of individual investors who supply the organization’s loan capital and job growth through royalty financing for small businesses.

Eades said the 12-week sabbatical she took earlier this year gave her time to reflect on her life and work. During those months, the organization was led by Acting President John Hamilton and a leadership team that steered it not only through the normal course of business, but also through the onset of the pandemic-related economic disruptions.

“The Community Loan Fund is in a very stable place, with strong leadership, a great board, excellent staff and robust strategic direction, making this a graceful time to retire,” Eades said.

Hamilton will continue as acting president as the board creates a process for finalizing the role of president.

NH Gives fundraising event ready for June 9-10 Granite Staters are being invited to rally behind nonprofit organizations during NH Gives, a 24-hour online giving event June 9-10.

Donors can choose nonprofits to support and take advantage of matching gifts to increase the impact of their contributions.

A $250,000 match, made possible by the New Hampshire Charitable Foundation and its Thomas W. Haas Fund and John F. Swope Fund, means that every gift of up to $1,000 will be matched 1-to-1 for the first $250,000 given during the 24-hour event. The foundation’s Bio X Cell Fund will provide an additional $10,000 match for participating Upper Valley nonprofits.

“NH Gives takes on new meaning this year as nonprofits face the impact of the global pandemic,” said Kathleen Reardon, CEO of the NH Center for Nonprofits, which organizes the annual event.

“Organizations are rising to the needs of their communities, even while they’ve lost revenue from cancelled fundraising events and programs. More than 250 nonprofits across New Hampshire are participating in this special fundraising event and we hope that Granite Staters will join us and donate to the nonprofits they care about, as well as discover organizations that might be new to them.”

NHGives.org is an easy-to-use, secure platform where people can learn about nonprofits in the Granite State and donate directly.

For 24 hours between 6 p.m. on Tuesday, June 9, and 6 p.m. on Wednesday, June 10, donations are tallied as participating non-

profit organizations compete for additional cash prizes, with leaderboards displaying progress. NH Gives has raised nearly $1.5 million for New Hampshire nonprofits since its inception in 2016.

“New Hampshire’s nonprofit organizations are there for all of us,” said Richard Ober, president and CEO of the New Hampshire Charitable Foundation, lead sponsor of the event. “Many are on the front lines during challenging times — feeding and sheltering people and caring for the ill. And others do so many things that improve our quality of life — conserving open space for all, making our communities more interesting and vibrant with the arts, reporting the news with diligence.”

He called NH Gives “a great opportunity for all of us to show that we are also there for our nonprofits, especially in this challenging moment.”

All participating nonprofit organizations are verified charitable nonprofits. View a full list at: nhgives.org/organizations.

Lead sponsor of NHGives is the New Hampshire Charitable Foundation. Additional sponsors include C&S Wholesale Grocers, People’s United Bank, Comcast NBC Universal, Merrimack County Savings Bank and Meredith Village Savings Bank as well as media sponsors WMUR, the Union Leader, Concord Community TV, NH Business Review and the Granite State News Collaborative. Marketing support is being provided by Brown & Company Design.

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THE BOTTOM LINE BOTTOMLINE TECHNOLOGIES POSTS ANOTHER LOSS; SUBSCRIPTION REVENUE KEEPS RISING

Bottomline Technologies reported revenue of $111.7 million for the third quarter of the fiscal year, which ended March 31, resulting in a net loss of $7.5 million, or 18 cents a share, although $6 million of that loss had to do with negative provision of income taxes.

The company maintains that it would have $11.5 million in core net income if it didn’t have to count various intangibles, such as $9.3 million in stock-based compensation for its top executives.

But the company said subscription revenue went up 16% compared to the same quarter last year to $87.5 million, encompassing 78% of revenue, seven percentage points higher than last year.

The company saw normal trends until March and April, when the pandemic hit, but “we’ve seen declines in the payment volume versus what we would have

expected across virtually all industries, with the exception of healthcare,” said CFO Rick Booth.

On the other hand, other customers called on Bottomline to help them with the transition to remote workplaces by changing to a more digital platform.

“We’re really well-positioned for that,” said CEO Rob Eberle. “We’re really riding what we think will be a strong wave on the other side.”

HERNIA MESH CASES AGAINST ATRIUM MEDICAL TOP 2,000

Amid the Covid-19 pandemic, U.S. District Court in Concord is being dominated by another healthcare matter right now — the four-years-and-counting class action liability lawsuit again Atrium Medical Corp., for allegedly making faulty hernia mesh products.

Over 2,136 cases have been filed so far against the Merrimack-based firm in Concord, which is handling the class-action litigations, with trials still scheduled to begin in September.

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In May alone, 75 Atrium cases were filed, almost two-thirds of all the cases filed in the court. That represents more than twice the rate they were being filed two years ago. Indeed, the court has set up a separate website devoted to the cases.

While the plaintiffs are from around the country, hundreds of New Hampshire residents have a separate class action filed in New Hampshire Superior Court.

All of the lawsuits blame Atrium’s CQUR hernia mesh products, which are coated with a fish oil derivative (an Omega-3 product similar to the nutritional supplement), the company’s unique solution to adverse reactions.

But plaintiffs’ attorneys allege that the fish oil is a large part of the problem, along with the plastic mesh itself and the Federal Drug Administration’s medical device approval process.

Atrium was acquired in 2011 for $680 million by Maquet Cardiovascular, a New Jersey-based subsidiary of Getinge Group, a publicly traded Swedish firm. Both companies were named in the original lawsuit, but the plaintiffs dropped Getinge after a confidential settlement.

Hernia meshes are a small part of Atrium’s business, and the lawsuits it is facing are a small fraction of the number facing the entire medical mesh industry, which has seen settlements in the hundreds of millions of dollars.

SINGLE DIGITS PICKS UP ANOTHER ACQUISITION

Single Digits, the Bedford-based provider of scalable wireless network solutions, has completed another acquisition, this time of Inviacom, a firm that installs and manages comprehensive Wi-Fi and connectivity services for senior living communities across the U.S. The acquisition, said Single Digits CEO Stephen Singlar, will add over 30 more Wi-Fi specialists to its team as well as five more field crews for its Southeast region.

Inviacom, founded in 2011, is headquartered in Charlotte, N.C. It offers managed wireless internet networks, VoIP solutions and technology training for seniors.

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Up to the coronavirus challenge

NH businesses, organizations do their part to support the community

Broadcast fundraiser nets over $1.8 million for Food Bank

WMUR-TV and iHeartRadio teamed up in April to produce an hour-long, on-air and online program, “Project Community: NH Together From Home,” to benefit the New Hampshire Food Bank. Featuring local talent and national celebrities with ties to the Granite State, nearly $500,000 in donations was raised during the broadcast.

Additional donations came in over the days that followed from the Lois Roy Dickerman Fund and the Thomas W. Haas Fund, each with a $100,000 match for new contributions. Another notable donation was a $240,000 grant made by the Ann Theodore Foundation.

Ultimately, the total raised was more than $1.8 million, an amount that will provide the equivalent of more than 3.6 million meals to Granite Staters in need amid the Covid-19 crisis.

The show was hosted live by WMUR anchors Sean McDonald and Erin Fehlau and iHeartRadio’s Greg Kretschmar from “The Morning Buzz.” Among the New Hampshire celebrities taking part were comedians Adam Sandler and Seth Meyers, “Dancing with the Stars” host Tom Bergeron, professional athletes Mikaela Shiffrin and Matt Bonner, filmmaker Ken Burns and musical performances by Jordan Tirrelll-Wysocki and Alex Preston.

Tufts Health Plan Foundation donates to 7 NH nonprofits The Tufts Health Plan Foundation has distributed a third wave of funding for nonprofit organizations in New Hampshire, part of a $1 million commitment to support community efforts addressing coronavirus in Massachusetts, Rhode Island, New Hampshire and Connecticut.

Seven New Hampshire nonprofits have received a total of $145,000 from the foundation.

The funding is designed to bolster collaborative regional responses, particularly in communities reporting the highest rates of Covid-19 infection.

Receiving grants in New Hampshire were: Granite United Way, Covid-19 Relief Fund, $15,000; Monadnock United Way, Covid-19 Relief Fund, $15,000; New Hampshire Public Health Association, $10,000; New Hampshire Food Bank, $50,000; Tri-County Community Action Program, $25,000; United Way of Greater Nashua, Covid-19 Emergent Needs Fund, $15,000; and United Way of the Greater Seacoast, Covid-19 Family Fund, $15,000.

Newburyport Bank Foundation donates $5k to Families First The Newburyport Bank Charitable Foundation has donated $5,000 to Families First Health and Support Center of Portsmouth in support of Covid-19 relief efforts.

Families First is part of Greater Seacoast Community Health, a network of community health centers providing an extensive offering of healthcare options. Its focus is to provide the finest services to all, and do so regardless of a patient’s ability to pay.

NH Humanities awards 64 CARES Act grants to cultural organizations As one of 56 affiliates of the National Endowment for the Humanities, New Hampshire Humanities has been charged with distributing $400,000 in supplemental funding to New Hampshire-based humanities, cultural nonprofits and public libraries. The grants range in size from $2,500 to $10,000.

“While we anticipated a high level of demand, the depth and breadth of financial need is overwhelming,” said Anthony Poore, executive director of New Hampshire Humanities.

The organization awarded 64 CARES Act General Operating Support Grants, he said. Of the $400,000 distributed by NHH, libraries received 41% of the funding; historical societies, 27%; cultural nonprofits, 20%; and the state’s museums, 13%. Participation came from all 10 counties.

Bar Harbor sets up fund to support nonprofits Bar Harbor Bank & Trust has established a dedicated fund to support the efforts of nonprofit organizations helping the residents of Central New Hampshire and the Upper Valley who have been impacted by the Covid-19 pandemic. The goal of the fund is to help area residents address immediate, basic needs such as the provision of food.

Nonprofits that are working to provide services to meet the basic needs of residents should contact Jack Frost, director of community giving at the bank, at 207667-7100 ext. 10986 or jfrost@barharbor.bank.

VW of Rochester to aid restaurants Volkswagen of Rochester has launched a new program to encourage car buyers to order out.

The program, Volkswagen of Rochester’s Restaurant Receipt Rebates, allows customers to deduct their local restaurant receipt totals from the purchase of a vehicle.

Through June 30, customers can bring any restaurant receipts to Volkswagen of Rochester and subtract the total value off the purchase price of their next vehicle, up to an additional $500 off.

“Everyone has a friend, neighbor or family member who works in the restaurant community,” stated Jordan Wissler. “It’s an industry that has been hit hard. So we’re doing our part to reward spending at local restaurants, and lending a hand to the people who make up such an important industry.”

Bangor Savings Foundation aids Manchester education pilot The Bangor Savings Bank Foundation has awarded a $10,000 grant for the Virtual Inclusion Support and Technology Assistance program, a pilot initiative in Manchester, using a multi-pronged approach to help students and their families climb out of intergenerational poverty.

An initiative of the National Collaborative for Digital Equity, the pilot program is designed to augment the Manchester School District’s tech support system, provide new laptop and home broadband to participating students who need it and provide online learning resources for digital literacy, coding/computer science, cyber-safety, career exploration, and test preparation for living wage, in-demand careers, among other goals.

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Election in the time of Covid-19 Committee on Election Security faces a range of complex issues As reported in an earlier column, Secretary of State Bill Gardner appointed me as chair of a six-person Special Committee on Election Security earlier this spring, to advise him on how to deploy the $3.2 million of federal funds provided to New Hampshire to cover extra election costs this year.

It has become increasingly clear that this effort, in New Hampshire and all other states, literally could affect the future of the world. If we do not get this right, the election may not reflect the opinion of the people in each state, and that will threaten the credibility of our democratic system.

While the committee is still deliberating as this is written May, several observations can be made about the process and our

BY BRAD COOK

Cook on Concord election system.

The first is that a group of six New Hampshire citizens can become a working team quickly. The members are three men, three women, three Democrats, three Republicans. Four — Katherine Hanna of Bedford, former counsel to Gov. John Lynch; Eugene Van Loan, former Bedford town moderator; Rep. Barbara Griffin of Goffstown, former chair of the House Election Law Committee; and I, chair of the Ballot Law Commission — are attorneys. State Sen. Dr. Thomas Sherman of Rye has special expertise on health issues.

Former Farmington Town Clerk Kathy Seaver brings over 40 years of experience as a local election official.

Next is the complexities of the issues. Voting by absentee ballot in record numbers, which all expect in this year of social distancing, is complicated. In addition, such matters as how to change political registration, register to vote, file as a candidate and apply for ballots or registration forms, have to be made available, and known to be available, to voters and candidates.

Some estimates are that a supermajority of voters will choose to vote absentee this year. Processing all those ballots under present law is a challenge for local election officials, who note that

absentee ballots come back folded, which often makes them jam ballot-counting machines.

Therefore, whether the ballots can be sent in larger envelopes so they stay flat has been explored. If that solution is selected, the cost of mailing, both for municipalities and voters, triples. That leads to the issue of whether federal funds should be used to pay the cost of mailing ballots. On and on it goes.

Issues of making polling places safe are complex as well. Can we eliminate the lines created by those wanting to switch back to undeclared after voting in a primary? What personal protective equipment needs to be provided to poll workers and voters? Can voters be required to wear masks, have their temperatures taken or be denied access to voting? Are larger facilities needed? Can town and city clerks have multiple sites for a period prior to the election where voters can go one by one, fill out an absentee ballot and turn it in?

What are the differences faced by towns that count ballots by hand and do not use machines?

The committee was greatly impressed by the dedication and knowledge of our local election officials and how passionately they believe in the election system and want to make it work. New Hampshire citizens should thank all of them, without whom we would not have a functioning democracy.

As the work of the committee progressed, many advocacy groups, also invited to present to the committee, consistently bombarded members with email advice. That leads to a couple of observations.

One, polite emails are more effective.

Two, a good idea does not get better when heard a hundred times in exactly the same wording. Three, there are a lot of dedicated people in New Hampshire who care about elections.

One theme heard often is that if we only had “voting by mail” for all voters, everything would be just fine. In fact, states which have adopted such systems, like Oregon, do not have the same level of participation New Hampshire has. Our state always is in the highest turnout group. However, this year is unique. The pandemic means that the state needs voters to vote absentee in large numbers so they and the process will be safe. This is a unique year. It is also a presidential election year. We have to get this right!

Brad Cook is a Manchester attorney. The views expressed in this column are his own. He can be reached at bradfordcook01@gmail.com.

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COVER STORY

A ‘biological hurricane’ NORTH COUNTRY

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Country Day School in Colebrook.

(Kate & Keith Photography, courtesy NH Community Loan Fund)

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NH’s already vulnerable child care industry overwhelmed by coronavirus

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hild care is a vital part of the state’s economic engine, but the damage Covid-19 is having on that industry is still unfolding.

John Hamilton of the New Hampshire Community Loan Fund — whose programs include financial and other assistance for child care providers around the state — called the pandemic a “biological hurricane” that has reduced child care in the state to 30% of its capacity.

“It’s a tough business to run in the good times,” said Hamilton, the organization’s vice president of economic opportunity. “We are trying to mobilize resources so we can stabilize child care and early-learning centers. The key right now is to meet them where they are at — really guide them through the restarting of their programs and business with a path forward.”

The organization Early Learning NH — a nonprofit that raises awareness about the early childhood systems and is a member organization for child care providers — made a presentation on the industry in May to the Legislative Advisory Committee for the Governor’s Office for Emergency Relief and Recovery. It reported there was a capacity of 46,023 available child care slots in February and just 4,875 children in attendance in April. The state’s child care industry allows working parents to generate $4.4 billion of state gross domestic product in fixed 2000 dollars. The child care industry contributes approximately $2.5 billion to personal income in New Hampshire each year, according to Early Learning NH. Early Learning also reported the industry’s economic impact is 7.1% of state GDP, while direct spending from travel and tourism in New Hampshire accounts for 7.6% of state GDP.

“There are lots of ways to frame it,” said Jackie Cowell, Early Learning’s executive director. “It is preparing our future workforce. New Hampshire is not going to thrive without a vibrant and strong child care system.”

‘More and more reopening’ There is $20 million in federal Covid-19 relief funding allocated by the state to child care, with an additional $5 million held back for future needs, to be administered through the New Hampshire Department of Health and Human Services, said Cowell.

Child care centers had been required to apply to be emergency care providers in order to operate during the statewide shutdown, but new guidance was later issued for providers to reopen and accept all children — not just those of essential workers.

“More and more are reopening,” Cowell said.

“So for context, prior to the pandemic there were 788 licensed child care programs opened in New Hampshire. Then there are about 100 license-exempt (those caring for three Kay Easterly or fewer non-relatives) Martey of the businesses. I have heard Community Development there are about 400 that Finance Authority says have plans to open.” child care ‘is paramount to reopening our Cowell and others fear economy.’ the loss of any of those providers.

“One of our biggest worries prior to Covid-19 was that child care was at a premium. It was hard to find and hard to afford,” she said. “If we lose these small businesses, what does that mean?

What does that mean for parents who want to return

to the workforce?”

In addition, the question of the pay of child care workers has also been in the spotlight. Their median wage in New Hampshire is $12.12 an hour, according to the U.S. Bureau of Labor Statistics.

The Children’s Center of the Upper Valley has remained open during the pandemic as an emergency child care center. As one of the larger centers in the area, it has a license for 95 children but lost 30 kids the first week of the stay-at-home order, said Executive Director Jennifer Hosmer.

Four of her 19 employees chose to stay at home, and that helped Hosmer manage expenses. The state provided the center with protective gear and cleaning supplies, and it received assistance from the Couch Family Foundation.

“We applied for the PPP program and were able to get that in the first round, which was extremely helpful, “ Hosmer said. “The state gives us hazard pay — $5 an hour for each hour worked. We give [employees] the $5 we are reimbursed, and we matched that $5 an hour. We want to keep our employees because we know they can make more on unemployment than they can working here. We have done that to keep them here, otherwise we would have had to close.”

Kay Easterly Martey, executive director of the Community Development Finance Authority — which provides financial support to nonprofits, communities, businesses and child care facilities — agreed that worker pay should be increased, but acknowledged the challenges in making that happen. She said many families that need child care are in a lower-income bracket. Additionally, many child care providers are based in homes and often not able to access the same kind of resources available to center-based providers.

For Martey, that means public and private entities need to continue to work together to provide resources. “I really believe child care is paramount to reopening our economy,” she said.

Cowell agreed.

“It would be better if this [crisis] really shines a

>

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FROM PAGE 10

spotlight that these are really important jobs, and we need to invest in them differently,” Cowell said. “Families of all income levels need this service. What we can do is invest wisely so it isn’t a low-paying job and it’s there when industry needs it.”

New guidelines With new guidelines in place, child care facilities are able to accept all children with limitations. Centers are limited to 10 people in a room, which typically means two adults and eight children. The guidelines were changed to allow more than one of those groups if the room is big enough.

Child care providers pushed back against the initial guidance for reopening from the Governor’s Economic Re-Opening Task Force. Now, face coverings are recommended but not required for child care providers and staff. Also, while children must be cared for in groups no larger than 10, the facilities are allowed to divide a larger room to accommodate additional groups so long as the room has enough square footage.

“We don’t want child care providers to have to remove kids from the class or have to shut down,” D.J. Bettencourt, chair of the task New guidelines and staff limitations will force, said during a remean the Rochester Child cent hearing.

Care Center, which can have Liz Collins, director up to 150 children, is reopening at Above and Beyond with about 30, says Executive Child Care in MerriDirector Christiane mack, said her enrollCasserly. ment dropped to 12 kids for several weeks while operating as an emergency child care center and thanks to a PPP loan. Now, it is slowly opening back up to all of its families.

“We normally have 50 to 60 kids. We aren’t full, but we can now be open to all of the children we have enrolled,” she said, adding the new guidelines shouldn’t pose much of an issue in terms of space.

“We always run our classrooms to be smaller in general,” Collins said. “We have seven classrooms. Normally, we don’t fill our rooms up much over 10 anyway.”

Meals, however, will be more challenging, since the guidelines require kids to be spaced out. That could be an even bigger issue if those guidelines remain when they are at full capacity and during the school year.

Collins said families were charged 25% of their tuition in order to retain a space, and only a few families aren’t coming back. The center had gone down to four employees, but Collins said she expects the rest to come back by June 15.

At the Rochester Child Care Center, Executive Director Christiane Casserly is grateful to be able to start the reopening process, despite the challenges posed by state guidelines.

“We’ve been closed since March 20. We are now working on reopening for June 1,” she said, adding that the center applied for PPP aid and received it.

“So now we are calling staff back.”

She said that, because of the guidelines’ 10-person limit, “we are opening slowly.” She added that she

won’t be opening a toddler room right away due to the new guidelines around social distancing and feeding. “I don’t see how that is workable.”

The Rochester center can have up to 150 children, but is reopening with about 30.

“I’ve found lots of the staff is not ready to come back. Some employees have medical issues. Some staff live with older parents or have schoolchildren still at home — all kinds of situations. It’s been a little rough,” she said.

Casserly is also concerned about whether she will have many children in her separate school-age summer camp, which typically has 120 children in attendance.

“I’m not sure if we’re going to have any of that because the school has to decide if we can use their building,” she said.

Overlooked economic contribution The Community Loan Fund’s Julie McConnell said there’s a need for immediate funding that can help providers that are reopening get things like industry-specific training and technical assistance.

“We cannot simply give them a loan and expect that to be sufficient,” she said. “What they need most is grants.”

The Community Loan Fund has lent more than $8 million to providers since 1995, and has created or preserved nearly 4,300 child care spaces. The loans help nonprofit, for-profit and family providers purchase, build, expand or renovate facilities and programs.

The Community Loan Fund’s Hamilton said he A child care center is ‘a tough and his colleagues have business to run in the reached out to their ingood times,’ according to vestors to boost donaJohn Hamilton of the tions that will help proCommunity Loan viders serving low-income Fund. families.

“It’s easy to overlook child care’s contribution as an economic development tool,” he said. “The Federal Reserve of Minneapolis said a dollar in early learning and child care sees a return of 13% on the investment. It also has a real impact on their learning throughout their life.”

The CDFA, which administers state and federal funds, also invests in child care and early-learning centers. Over the past five years, the agency has invested $8.35 million in child care facilities and services across the state.

“This is a very fragile industry,” said the CDFA’s Martey. “There was more demand than there was capacity even prior to the crisis. This has exacerbated it.

They are in a vulnerable cash position.”

This article is being shared by partners in the Granite State News Collaborative. For more information, visit collaborativenh.org.

Great Bay Kids in Exeter.

(Kate & Keith Photography, courtesy NH Community Loan Fund)

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Seeking nH’S BeSt And BrigHteSt

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On crisis and leadership

We are drawn to leaders who treat us with respect, show integrity and offer hope I recently shared an article with friends and colleagues titled, “In a crisis, is where leaders are made. Pay close attention to what they do.” Like everything else in life, great leadership is situational. The kind of leader we need in a situation shifts depending on the variables we face. It’s social, psychological and cultural. It’s tangible and intangible. It also can be real or perceived. But it is always honest, respectful and hopeful.

Our country has faced many situations that required us to be inspired and follow certain people, just when we needed it.

In every case, there are certain common patterns towards success, that all of us can identify with and trigger us to follow.

be solved when respect is demonstrated.

Dr. Anthony Fauci has legitimate, expert and referent power — he is a clear professional. He uses this power with immense respect. When he asks us to wash our hands and social-distance at the same time he gives us grave news, we feel respected and assured that he has our best interest in mind.

Watching our leaders sort through this crisis varies from being too cautious to minimizing the situation. Some are putting their leadership at political risk, because what they are doing and saying does not feel intellectually right or safe for them. If they responded too quickly, they may be wrong and criticized. Too

Integrity

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We have evolved to instinctively feel honesty. If we tune in, we really know if someone is telling us the truth or not.

When rhetoric, spin or untruths are detected, we lose trust and start looking elsewhere for the answers.

A good example is when Rudy Giuliani spoke to New Yorkers in the hours and days after the 9/11 tragedy. He was speaking to and for all Americans. His reaction, his honesty and his command of our emotions was as real as it could get. We could relate and we were connected. It can be argued that Giuliani has not necessarily used that authenticity or integrity in every situation, but during 9/11 it was real, and most of us would’ve followed him anywhere.

We are seeing the same thing in New York right now with Gov. Andrew Cuomo.

He has been clear, straightforward and very honest. He speaks in our language — a combination of fear and courage, and calls on us all to get serious. Gov. Chris Sununu’s approach is also transparent and no-nonsense, and while not all people in New Hampshire might agree with him, they are following him and his lead on this. We recognize and relate to his honesty.

You can’t fake or outthink integrity — you either have it or you don’t. And we all know the difference.

Respect

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If you want to upset and alienate, show people disrespect. If you want to have a strong relationship with those who follow you, show an immense amount of respect. Respect mirrors distribution of itself equally.

When we are respected we become confident. When respected, we listen, we are kind, we know exactly what to say and when, and we know what to do. Every conflict and problem in the world can

BY RUSS OUELLETTE

The Future of Everything slow? Criticized again. But ask yourself which outcomes will demonstrate the most respect for the followers. That’s where you lead from and that’s what followers will respond to.

Hope Hope is a sense of certainty, compassion and shared purpose that draws us to be responsible for the solution. This is the opposite of “only I can solve the problem.”

When John F. Kennedy said, “Ask not what your country can do for you …” he was shifting responsibility to the citizens, and when and if we have a hand in it, we have hope. When Martin Luther King Jr. said, “I have a dream,” he showed us the way to a better place. There were no illusions that it would be easy, or it would happen fast, just that it was the direction and we would get there.

We are drawn to leaders who put the solution squarely on us all. These leaders are not just the public ones. Every doctor and nurse, hospital worker, grocery clerk, business owner, neighbor and citizen are leading right now.

We must face this significant challenge with integrity and honesty, respect for each other, and be the hope that we all need to be.

Russ Ouellette is president and senior executive coach at Sojourn Partners of Bedford.

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A good time to plan the future As organizations wait for restrictions to be lifted, it’s an opportunity to think, hope and imagine During these tumultuous times, many leaders have put planning for the future on hold instead of using the time to develop a strategic plan that explores options about their future ideal organizational model.

They’ve chosen to stay the course, because right now it seems like wishful thinking to consider future action. But staying the course is an action. There’s no such thing as “no decision.” No decision is a decision to remain the same. It’s like treading water, expending effort that maintains present status but does not make progress toward a goal.

Being too cautious may risk not being ready to take advantage of opportunities that present themselves in the future, so let’s look at this from a different perspective: we’ve been presented with the gift of time that allows us to fantasize about the future without having to make immediate commitments.

For companies and nonprofits waiting for restrictions to be safely lifted, it’s an

BY GERRI KING

Intentional Strategizing opportunity to think, ponder, wonder, hope and imagine.

It is true that creating a strategic plan is a hopeful exercise. Planning ahead and daring to dream does mean risking disappointment – but not dreaming assures it. It risks missing opportunities that might present themselves and/or making decisions based on the present without taking future possibilities into account.

If you can stand the disappointment of not getting all that you want, then plan for the ideal, because you’ll likely get much more than you anticipated. Might you need alternative action if unanticipated results require it? Of course, but that would be true even if you didn’t have a plan in place.

Strategic planning is a change initiative, so it’s not always a linear process, and it can be frustrating and difficult. Even positive change is stressful because with

every gain there is a loss that requires giving up the familiar and heading toward the unknown.

And that’s exactly what’s happening.

We‘re heading toward unfamiliar territory, and now, while we have the time, it’s a perfect opportunity to design a strategic process to confirm or reassess your mission and vision statements, business definitions, values commitments, internal and external customer service approaches, and underlying philosophy.

Now that online meetings are the new norm, it’s easier than ever for the leadership team to include representatives from every level of the organization in this process. The people who do the job every day know how to solve the problems, so getting their input and utilizing their expertise will provide much needed information while letting them know they’re valued.

The world has slowed down, so now is the perfect time to pay attention to potential issues and fix them, and to meet the following criteria for implementing a successful strategic plan to which leadership, boards and employees can commit: • Turning strategic intentions into measurable action steps.

• Realigning the organization with new or existing objectives.

• Encouraging accountability, without blame or punitive response.

• Inviting employee input.

• Exploring how to fix core processes and systems.

• Identifying future skills training.

• Deciding how to manage the present while anticipating the future.

Additional positive benefits of a successful plan include the coalescing of teams, cross-functional communication, and a generally happier workforce that feels included and appreciated.

Finally, developing a strategic plan means that you will have a well-thoughtout agenda for a successful future starting on the day you get back to normal.

Since we will all be playing catch-up when things start humming again, let’s take this time now to dream, imagine and design the future, where specifics may change, but your culture and philosophy will be in place, helping you to exhibit who you are and what you want to achieve.

Gerri King, a social psychologist and organizational consultant, is president of Human Dynamics Associates in Concord.

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Watching the Covid-19 pandemic unfold has a déjà vu feeling for me. From 2008 to 2016, I was a Peace Corps country director and, in July 2014, transferred from Ukraine to Guinea in West Africa. Soon after I arrived, there was a spike of Ebola cases, and we evacuated the Peace Corps volunteers back to the United States. I stayed behind with the American and Guinean staff, and we collaborated with the Centers for Disease Control and Prevention on an innovative community education effort that helped end the Ebola epidemic in 2016.

Of course, I had moments of concern for my own health, fueled by “media optics” and pleas from some back in the U.S. that I leave immediately. But I learned how to protect myself and to focus objectively on the situation. Press stories, while mostly accurate, fueled people’s worst fears, and the uncertainty led people to imagine the worst.

Panic can bring out the worst in people.

My wife and I had moments of feeling like pariahs when we left Guinea to visit the U.S. Sadly, we are seeing some of these same kinds of irrational behaviors today, although many are also rising to the occasion by looking out for others.

As I reflect back on my West African experience, one of the things that really made a positive difference was the leadership by U.S. Ambassador Alex Laskaris, who demonstrated an array of key leadership skills: • Stay positive. Negativity, panic and fear only undermine the team and result in irrational actions.

• Focus on facts and science. Understand the reality of the situation, including the disease and how it is transmitted.

• Listen to the experts. The leader cannot know it all and needs to rely on other talented people. We were lucky in Guinea to have expertise from the CDC, the U.S. Agency of International Development and other agencies.

• Understand the culture. Engaging the Guineans to understand the cultural context was critically important, as is true in any crisis situation.

• Be inclusive and collaborative. Engage others to facilitate an effective response.

• Transparency. Openness reduces rumors and confusion.

• Communicate. Share what you know and do it regularly, • Support your team. Everyone needs encouragement during such a stressful experience.

Of course, Ebola is a very different disease than Covid-19. While it is more likely to be fatal, a person can only get Ebola by direct contact from an actively ill individu-

al. Coronavirus, while less serious for most people, is reportedly much easier to catch — even from someone with mild or even asymptomatic conditions.

No two situations are ever the same, of course, but the same leadership principles I witnessed in West Africa can be applied to the current situation. Uncertainty creates stress as people are suddenly yanked out of their comfort zones. They need reassurance that leaders can move things in a positive direction.

Building trust is critical, as is transparent communication of accurate information. If people lack confidence in the leader, the response will invariably be less effective.

Leaders who project a positive approach will be more effective in rallying people to a clear cause.

One big challenge is needing to make

BY DOUG TESCHNER

Growing Leadership decisions without having as much information as you might like. This is where having a strong team can really make a difference, helping you to gather solid information and develop and implement the best plan of action. Assemble the best talent, delegate tasks, listen to their advice and reward positive behavior. In the midst of a crisis, it is easy to forget to acknowledge people’s efforts, so be sure to say “Thank you!” as often as possible.

These skills apply to any crisis situation, of course, not just epidemics, and thus are critically important for leaders. But they aren’t necessarily easy to acquire and apply in a planned, integrated fashion that is ultimately the most effective given the situation. It is vital for each of us to continuously learn, expand our skills and embrace positive change. We never know when an unexpected challenge will occur, so this kind of training and learning should never be put on the back burner. When a crisis strikes, will you be ready?

We each have an extraordinary opportunity to make a difference in people’s lives (including our own). Don’t underestimate your impact!

Douglass P. Teschner, founder of Growing Leadership LLC, can be reached at dteschner@GrowingLeadershipLLC.com.

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FROM PAGE 1

State’s entertainment facilities await reopening rules FROM PAGE 1 “We agreed to do that for six weeks while we applied for also artists and backstage staff, said Ginnie Lupi, director one of the PPP loans. We were lucky enough to get one of of the New Hampshire State Council on the Arts, which has them for April, but we had some shows on our calendar brought together New Hampshire’s variety of small and for June, and those are now all being rescheduled because large performing arts venues to share best practices and we’re not going to be able to open up on time, so we’ve other information. laid off everybody but a skeleton staff of eight people,” said The arts council is working with the Governor’s Econom- Clark. ic Re-opening Task Force, which has formed an arts work In hopes of preventing mass refunds for canceled shows, group that was further subdivided into five sectors of the the center has presented patrons with the option of creditarts industry: performance venues, arts education ing tickets to a future show or turning it into a donation.

NASHUA REGION LAKESmuseums, REGION NORTH COUNTRY facilities, festivals and fairs, and producing organizations.

“It allows us to keep the cash for the moment,” said Clark, Rep. Shannon Chandley, D-Hillsboro, a member of the who has also been checking in with donor and business taskforce and arts working group, said the governor could sponsors to keep them updated. determine crowd sizes over time. As of now, there is a ban “Usually we have shows on sale right now that are generaton groups of more than 10 people. ing ticket sales well into the fall, well into the spring [2021],” Theaters such as the Capitol Center for the Arts in Consaid Tina Sawtelle, who was named executive director TOP ROW: BUSINESS TECH, ARCHITECTURE, ENGINEERING, HOSPITALS, BANKING, PERSONAL FINANCE, ENERGY cord, Hampton Beach Casino Ballroom and The Music of The Music Hall in April and previously served SECOND ROW: FEATURE STORY AND JUMPS, IN BRIEF, FLOTSAM, LAW, OPINIONS, THE LATEST, ABOUT TOWN Hall in Portsmouth have canceled June perforas chief financial officer.

“Because of the THIRD ROW: REAL ESTATE + CONSTRUCTION, EDUCATION, HEALTHCARE, TOURISM, NEWS, CHARITABLE GIVING, MORE ONLINE mances while some film screenings hang in the uncertainty of whether those shows can FORTH ROW: AREA GRAPHICS, another TOURISM choice, CALENDAR, LAST WORD balance. happen, we need all of the support “We’ve been in a total holding pattern,” we can get, and we are working on said Nicolette Clark, executive director of a number of cost-cutting measures the Capitol Center, who testified before as well. We feel that is important to the task force in early May. “We presenters communicate to our community and would love to reopen our buildings on July supporters that we’re doing all we 1, and over the summer we would be docan to get through this time.” ing smaller things, trying to make sure we’ve Sawtelle said it is more critical than got all of our new protocols — sanitizing and ever for patrons of New Hampshire’s things we can do to social distance and arts and cultural venues to provide finan‘We’re doing all make sure we have as much hands-free cial support. we can to get through stuff as possible. But we have no an“When we knew this closure was happening, this time,’ said Tina swers at this point.” we reached out to our closest members and we said, Sawtelle, executive direc‘We think we’re going to have to raise an emergency tor of The Music Hall fund to mitigate our ticket sales,’” said Sawtelle.

A matter of survival in Portsmouth.

“We were really successful in getting that estabThe financial viability of the state’s arts lished. We call it our Covid Emergency Fund, and and entertainment industry has been thrown into jeopardy we’ve had a number of people step up to that.” as the annual lineup continues to shuffle.

Clark and Sawtelle are also hoping venues Tours of musicians, actors, comedians and other perform- like theirs will receive some of the $1.25 billion ers rescheduled their spring shows (March, April and May) in federal stimulus funds New Hampshire reto this summer and fall, but they are waiting to see if they ceived for coronavirus aid relief. will need to be rescheduled yet again.

According to the council’s Lupi, Venerable summer theaters, including The Peterborough the State Council on the Arts is The State Players and the New London Barn Playhouse, have canceled administering CARES Act funds Council on the Arts is administering federal funds their summer seasons because it was not safe to bring ac- “in the form of small grants for to support organizations, tors and staff, many of whom are housed on-site or in pri- nonprofit arts organizations, ‘but the need is far greater vate homes, to New Hampshire from all over the country. but the need is far greater than than we can address,’ says At the Bank of New Hampshire Pavilion in Gilford, headlin- we can address. I am hopeful Ginnie Lupi, the couners like the Dave Matthews Band have also written off 2020 that the flex funds decisions ancil’s director. and are looking ahead to 2021. nounced by the governor, which will “As things continue to evolve, we’re monitoring closely,” provide relief for businesses through the said Liz Sharkey, head of venues and experience commu- Business Finance Authority and nonprofits through the NH nications for Live Nation, the giant events promoter and Charitable Foundation, will help arts organizations in some venue operator that owns the Gilford facility. way, but more funds are needed.”

“I think the agents and managers of all these bands are Added Lupi: “There are also major business considerations waiting for input,” said Tim Bechert, senior general manager inherent in reopening. If the six-foot physical distancing reof SNHU Arena in Manchester, whose most profitable sea- quirement continues, it would mean that most performance son is in the fall and winter months. “They’re going to want venues could only sell 25% of their seats, which is not a vito have all of that information because they’re the ones put- able financial model.” ting money on the line every time they put a show on the road, so they’re looking for input from all different places. It’s A modified industry not for us to say we’re open or we’re not open.”

For venues like the Capitol Center, selling tickets in adNew Hampshire’s venue managers are also staying abreast vance of a show is critical to supporting its operations. of nationwide best practices through the Event Safety Alli“We live on those dollars from ticket sales, so we had to ance and watching states that have released guidelines for figure out how we would survive into the summer and into reopening, such as Connecticut and Oklahoma. the new year,” said Clark of the Capitol Center, who saw all of Sawtelle anticipates limits on filling some of her 900 seats her programming rescheduled or canceled within five days at the Music Hall and moving shows from The Loft, which when the coronavirus crisis hit in mid-March. seats 124, to the larger venue.

She was forced to trim the budget, immediately laying off “It gives [the artist] a neat opportunity to play on the big21 employees while reducing hours and pay for the 21 re- ger stage,” noted Sawtelle. Though she still needs to conmaining staffers. sider “pinch points,” such as the use of the restrooms.

In the past, The Music Hall has utilized a parking lot owned by the City of Portsmouth for outdoor film screenings — currently it is looking into a larger parking space for films and concerts.

That’s what Tupelo Music Hall in Derry is already doing — hosting drive-in concerts and comedy shows as of May 16.

“We’re a little lucky because of the way we’re situated, most of our parking space you can face the main entrance and the entrance is a natural stage,” said owner Scott Hayward.

About 75 cars are spaced roughly 20 feet from each other, allowing patrons to pull out a lawn chair. Food and beverages will be delivered via a golf cart, with employees wearing gloves and masks.

Hayward welded some brackets to the entrance to hang a public address system and is broadcasting the concerts via Derry’s FM station as well as a pay-per-view model to stream concerts on TV. “I have gotten emails from like six different agents and people are very excited about this,” said Hayward. “We deal with national touring artists, so we’re talking to agents we work with. People can drive from New York, do a show and drive home, so within a four-hour driving radius, there’s a lot of really good talent.”

Patrik Gochez is a musician from New Hampshire who is part of a Somerville, Mass.-based band called The Hats.

“All shows, video projects, recording projects have frozen.

I think the case for most performing artists, who understand the mixed media nature of the career and get their momentum from actually performing, so without that, things slow down,” said Gochez. “Most shows are booked months and sometimes even over a year in advance, so without something resembling a resumption date on the calendar, the act of even booking (let alone playing) a show is halted.”

“It definitely has affected me and a lot of my artist friends I know,” said Evelyn Cormier, who appeared on “American Idol” in 2019 and returned to New Hampshire for the time being after having just moved to Los Angeles before the Covid crisis struck.

She has been able to do some work from a New Hampshire studio, laying down vocals remotely for a duet with a singer in the Philippines, and has live-streamed sets to stay in front of her fans.

“You can make money from streams too, but it’s a super small amount of money. You make money by playing live shows and selling your merchandise at shows,” she said.

Despite it all, New Hampshire audiences may see more entertainment activity than other states.

“We’re hearing from the agents and their artists that tour schedules are getting rerouted around the hot spots and artists are trying to avoid doing shows where there are concentrations of the virus. I think that is a positive for us in New Hampshire, as we’re considered a fairly low risk state and we’re able to share public information with the agents,” said Sawtelle.

“Artists are desperate to get back out when they can do that safely, is what we’re hearing,” she continued. “In the age of streaming music, this is the primary source of income, and we want to support them in any way possible as well as support our local downtown business partners that are reliant on us doing live, in-person programming so we draw people to the downtown area for food and drinks and retail.”

Liisa Rajala can be reached at lrajala@nhbr.com.

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FROM PAGE 1

Coronavirus tests resilience, adaptability of NH media FROM PAGE 1 Seacoast Media Group newspapers and magazines across the country have gone out of business, Howard Altschiller, executive editor of Seacut salaries, enacted furloughs, laid off staff, stopped print versions and coast Media Group, talked to NH Business scrambled as digital, print and television and radio advertising dropped Review shortly after he returned from a mandramatically. dated furlough.

A BuzzFeed news writer said what’s happening might end up being Gannett, the country’s largest newspaper a “media extinction event” and the Poynter Institute keeps a growing, company with more than 250 newspapers ongoing tally of the disruptions (including layoffs at the Poynter-owned in 46 states, is parent company of Seacoast Tampa Bay Times). So far, the worst has yet to occur for New Hampshire Media Group. In March, Gannett announced media, but disruption is happening. In late March, the Valley News anthat employees making over $38,000 annuNASHUA REGION LAKES REGION NORTH COUNTRY nounced layoffs, furloughs, salary cuts and fewer pages and the Nashua ally would have to take one-week furloughs in Telegraph has ceased its print publication except for the Sunday edition.

April, May and June. Gannett also announced But interviews with leaders of three Granite State media companies that executives would take a 25% pay cut while show resilience and creative adaptation, as well as concern about the fuGannett CEO Paul Bascobert would take no salary. ture as the pandemic business factor becomes the new normal. It can also “We are sharing the burden [of sacrifice] because be hard to know exactly how to properly assess the turmoil. we’re all in this together,” Altschiller said of the TOP ROW: TECH,about ARCHITECTURE, HOSPITALS, BANKING, “We don’tBUSINESS want to talk it becauseENGINEERING, we don’t know yet,” said Bren- PERSONAL FINANCE, ENERGY furloughs, SECOND ROW:publisher FEATURE STORY IN BRIEF, FLOTSAM, LAW, OPINIONS, THE LATEST, ABOUTwhich TOWN allowed employees to keep their dan McQuaid, of theAND NHJUMPS, Union Leader. health insurance.

THIRD ROW: REAL ESTATE + CONSTRUCTION, EDUCATION, HEALTHCARE, TOURISM, NEWS, CHARITABLE GIVING, MORE ONLINE Altschiller said that FORTH ROW: AREA GRAPHICS, another TOURISM choice, CALENDAR, LAST WORD Seacoast Media Group NH Public Radio — which publishes the Jim Schachter, president and CEO of New Portsmouth Herald, Hampshire Public Radio, said the organizaFoster’s Daily Demotion moved quickly and decisively in midcrat and four weeklies March to disperse its 70 staff members in New Hampshire and when it became clear that social distancing Maine — has taken an would become the new normal. After Conadvertising hit since — Jim Schachter, president and CEO gress enacted the small business Paycheck stay-at-home direcof New Hampshire Public Radio Protection Program in early April, NHPR tives in New Hampshire applied immediately and was approved for brought the economy more than a million dollars to cover its payroll and some expenses. to a halt. But the business side has kept going due “Not having to think about laying off or furloughing staff has been a to a diverse revenue stream bolstered by a direct relief,” said Schachter, a veteran of the newspaper business and vice marketing department and modern printing press president of news for seven years at public radio station WNYC in New serving clients in northern New England. (Seacoast York before joining NHPR last September. “PPP for NHPR is doing exMedia Group recently added The Burlington Free actly what the legislation intended to do. We are able to maintain our Press to its printing press roster.) workforce and, given the importance of what we do, support and susWhile many advertisers have become cautious tain our mission.” about spending, Altschiller has been impressed At NHPR, the news mission and logistics have expanded to new horizons. by the number of local businesses that continued In addition to regular staff video conferences, engineers set up a workable to advertise. He said advertising personnel have studio in the home of Laura Knoy, host of the longtime and popular daily worked hard to maintain and strengthen their reshow “The Exchange.” An original program, “New Hampshire Calling,” was lationships with their customers as both navigate created along with a live blog and a coronavirus-focused daily newsletter. through an unprecedented environment.

Advertising and corporate underwriting took an immediate hit, Schachter explained, but he said the loyalty of sponsors and creativity of NHPR’s underwriting sales team proved critical.

McLean Communications “Our salespeople have done some very creative problem-solving, helping Ernesto Burden started his new job as pubsponsors pivot their messages toward community service,” he said. lisher of McLean Publications (parent comMember support also came through. The annual March fundraiser was pany of NH Hampshire Business Review) on cut short due to the pandemic, but a digital fundraiser in April with a Jan. 21. goal of $50,000 ended up making $150,000. This correlated with inBurden said he had already planned to creased reader and listener ratings. expand the company’s internal communica“By our best measures, our [online] audience has quadrupled amid tions via video calls and instant messaging, the outbreak,” Schachter said. “That indicates the need in our state for beginning in February. As with many media quality news and information, as well as the scale of the audience we’re companies, by mid-March, the pandemic acable to deliver to our sponsors.” celerated the process into a necessity to stay As with any business navigating this unprecedented health and ecoin business. nomic situation, Schachter says working at home for the staff and reMcLean also publishes New Hampshire Magazine, porters does not come without complications.

New Hampshire Home and ParentingNH. Owned by “The lines between work and home have become blurred. I have nothYankee Publishing Inc., the company’s immediate fiing to compare this to, so under the circumstances, it’s going as well as nancial hit was softened by a $1.25 million PPP loan. it could,” he said. “Lots of our staff have kids at home, a number have “This allowed us to hang onto cash through a peparents or aging relatives, so there’s a lot of juggling of responsibilities. riod of time,” he said about the program, although, It is testing people’s resilience.” at the end of May, the company announced a reIn addition to daily feedback, NHPR has conducted staff surveys to structuring that involved the elimination of three get a sense of how workers are handling the dramatic changes. jobs and a longtime contractor position.

“Frankly, I worry that many people are working too hard,” he said, In response to the stay-at-home order, McLean driven by the importance of what many believe is the most important quickly expanded its digital presence into webinars daily story since World War II in that it has affected everyone. on topics such as the Paycheck Protection Program, Schachter does say a great deal of uncertainty and volatility lies real estate, finances and marketing. NHBR started ahead. PPP funding runs out June 30 with future federal relief proa new podcast “Down to Business” and popular grams stalled amid partisan gridlock as the country slides towards a person-to-person events, such as New Hampshire certain recession.

Since March, digital subscriptions have risen 17%.

‘Our [online] audience has quadrupled amid the outbreak.’

— Howard Altschiller, executive editor of Seacoast Media Group

One sign of the times: Omaha Steaks, with its home delivery of meat service, remained a strong national advertiser.

Media companies are considered an essential business, and while reporters and photographers have been based at home, they have been out in the greater Seacoast region covering news.

“Everyone has stepped up. Our photographers are out on the streets and many people are doing jobs that fall outside of their usual comfort zone.

For example, our sports writers are covering education,” he said. Since March, digital subscriptions have risen 17%, he said.

Seacoast Media Group has also embraced videoconferencing capabilities to remake its annual high school sports awards event, which draws local and professional athletes together. (This year’s virtual June 18 Seacoast All Star Sports Awards event will feature a range of athletes, including tennis star Venus Williams, Super Bowl MVPs Patrick Mahomes and Drew Brees, hockey legend Wayne Gretzky, Olympic gold medal gymnast Gabby Douglas, Olympic track and swimming legends Jackie Joyner-Kersee and Michael Phelps, and skiing legend Bode Miller.)

“We take it one day at a time,” Altschiller said.

“Hopefully we can come through this crisis without too much damage to the organization. We were challenged and learned how to be nimbler after the Great Recession. I’m cautiously optimistic. I believe the best attitude is to be realistic and keep your eye on future opportunities.”

With advertising support, New Hampshire magazine provided 900 meals to nurses.

— Ernesto Burden, publisher of McLean Communications

Magazine’s Best of NH, are slated to go digital.

While advertising revenue took a hit, Burden said, “it’s not been a complete disaster.” The June issue of New Hampshire Magazine had strong advertising support, he said, and a portion of a recent ad spend was donated to a Nurses Appreciation Day event. In conjunction with New England Tap House Grille, the initiative provided 900 meals to nurses at three area hospitals.

As the economy continues to open and PPP funds dry up, Burden said it’s hard to know exactly what long-term forces will emerge as the pandemic continues.

“It’s hard to say where we will be,” he said. “We will be watching and focused on executing as quickly and creatively as possible.”

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JOIN US JUNE 9-10 TO SUPPORT NEW HAMPSHIRE’S NONPROFITS.

TOGETHER WE GIVE.

THE FIRST $250,000 IN DONATIONS WILL BE DOUBLED!

Starting at 6:00 p.m. on June 9, join with thousands of Granite Staters for 24 hours of giving for the organizations that have always been there for us when we needed them most.

Visit nhgives.org and choose the nonprofits you want to support.

The New Hampshire Charitable Foundation and its donors — including contributions from the Thomas W. Haas Fund and the John F. Swope Fund — have made possible a $250,000 match, for all gifts of up to $1,000 to nonprofits participating in NH Gives. The Bio X Cell Fund has provided an additional $10,000 match for gifts to participating Upper Valley nonprofits.

Together, we can do this. Together, we give.

JUNE 9-10, 2020

NHGIVES.ORG #NHGIVES

NH Gives is an initiative of the NH Center for Nonprofits with support from lead sponsor New Hampshire Charitable Foundation and communications partner Brown & Company Design. Additional sponsors include C&S Wholesale Grocers, Chase Bank, People’s United Bank, Comcast NBC Universal, Merrimack County Savings Bank, Meredith Village Savings Bank, Endowment for Health and NH Tech Alliance as well as media sponsors WMUR, the Union Leader, Concord Community TV, NH Business Review and the Granite State News Collaborative.

NH Gives and this ad are generously sponsored by the New Hampshire Charitable Foundation.

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Support continues for recovery-friendly workplaces New Hampshire initiative continues to provide resources, virtual meetings amid pandemic RESOURCES ● BY SAMANTHA LEWANDOWSKI

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or people in recovery, sound employment may serve as one of several key pillars contributing to their ability to sustain recovery and lead a productive, healthy and fulfilled life. Employment provides community, a sense of purpose, accountability and structure, which can be critical aspects of a person’s recovery.

What happens when those impacted by addiction do KING, PERSONAL FINANCE, ENERGY not have work?

Or their work has shifted from being done ONS, THEin-person LATEST, ABOUT to TOWN being done remotely?

RISM, NEWS, CHARITABLE GIVING, MORE ONLINE The short answer is that these changes often pose a ORD challenge to people in recovery, but the more in-depth answer is that a variety of entities are rallying to mobilize and evolve recovery supports so that they remain as accessible as possible during this time.

One of these entities is Recovery Friendly Workplace (RFW), an initiative that helps businesses support employees who are in recovery or have been impacted by addiction more generally.

The initiative equips employers with the knowledge and tools they need to better understand drug and alcohol addiction and challenge the stigma around it. The initiative also connects over 250 workplaces and 70,000 employees to a wide array of resources and community partners, including Recovery Community Organizations (RCOs), so that they know how to get their employees

connected to support should the need arise.

During Covid-19, however, employers’ efforts to keep employees in recovery connected and supported became more complicated.

The RFW initiative and its partners have pivoted over the past few weeks to determine how to best support workplaces to get crucial virtual supports and resources to their employees in this changing landscape.

The RFW initiative switched gears to a focus on vetting and getting the word out about a wide array of resources.

Combing through a variety of national, statewide and local resources, the initiative focused on swiftly disseminating them across social media channels and also through strategic email communications.

Most recently, the RFW initiative has progressed from sharing preexisting resources to collaborating with its partners to create new resources for Granite Staters. The initiative, in partnership with SOS Recovery Community Organization, and with contributions from many RCOs, created a spreadsheet that details the virtual recovery meetings many of New Hampshire’s RCOs are offering.

This makes it easy for people to see what kinds of recovery meetings are being offered and when, as opposed to needing to find and navigate multiple RCO websites.

During May and June, the RFW initiative is conducting a virtual training series designed to help employers

best support employees in a work landscape altered by Covid-19. This series pulls in partners to present on several topics, including Navigating Changed Dynamics at Home, Supporting Mental Health and Managing Anxiety (featuring Headrest, NAMI-NH and Seacoast Mental Health), Recognizing Compassion Fatigue (by SOS Recovery and Accessing Resources, with a focus on 211 NH and The Doorway NH. The series debuts two new sessions created by the initiative to best meet employers’ needs during this time.

The first session utilizes a discussion-based format to provide workplaces with a chance to connect around shared challenges, as well as an opportunity to problemsolve together and share insights on overcoming these challenges. The next session is on self-care during times of isolation and is meant to give people additional tools to enhance their practice of self-care.

When Covid-19 interrupted our lives, people in recovery had to find new ways to connect and adapt in order to maintain their recovery. Though the task likely feels daunting at times, there are an array of resources and partners, including the Recovery Friendly Workplace initiative, working hard to evolve to ensure those in recovery have as much support as possible during these especially trying times.

Samantha Lewandowski is a recovery-friendly advisor of the Recovery Friendly Workplace Initiative.

The BIA’s top ‘reopening’ concerns Safe legal harbor, tax increase worries head the list ECONOMIC RECOVERY

BY JIM ROCHE

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s state policymakers work through a gradual “reopening” of our economy, it’s important they successfully address several policy matters that will directly impact the ability of enterprises large and small, in all corners of the state, to return to economic health.

These include a legal safe harbor for employers who have acted in good faith during the pandemic, terminating the trigger that will otherwise raise business taxes on all employers, replenish the unemployment insurance trust fund without raising taxes on positively rated employers and helping all enterprises access testing equipment, particularly thermometers.

For example, without a legal safe harbor for enterprises acting in good faith, businesses will be deterred from reopening, and for others, from returning to pre-pandemic operations. This will be counterproductive to a quick return to economic health. There are already examples of small businesses choosing not

to reopen in part due to the uncertainty of the legal climate moving forward.

Working with some of the state’s top lawyers and business leaders, BIA recently provided draft safe harbor language to the governor and legislative leaders. Nearly two dozen leading chambers of commerce and trade associations recently endorsed this language, and with BIA, called on Governor Sununu to create a legal safe harbor using his emergency powers. BIA also called on state legislators to do the same once the legislative session fully reconvenes. It is unlikely Congress will reach a consensus on this issue, so the need for state action is vital.

Regarding business taxes, a key component of the state budget compromise between the Legislature and governor in September 2019 was language regarding the business profits tax and business enterprise tax. The compromise retained both taxes at their 2019 rate, however the future rate of both taxes, whether they were reduced, increased or stayed at the 2019 rate, was dependent on the performance of the economy as reflected in total revenues to the state’s general fund.

We know now that business tax receipts and other important state tax revenues are falling as a result of the shrinking economy brought on by the pandemic. Through no fault of their own, many businesses throughout the state have lost customers and revenue. Some are closing. To enact BPT and BET tax increases at this time (as current state law calls for if state revenues are 6% below budgeted expectations), would be extremely indifferent to the struggles of employers of all sizes and will adversely impact their ability to rehire employees at the very time rehiring is desperately needed. This will also be counterproductive to a quick economic recovery. We support Governor Sununu’s position on this matter: Now is not the time to raise business taxes.

It’s clear that massive increases in the ranks of unemployed due to Covid-19 is having a dramatic, negative effect on the state’s unemployment insurance trust fund balance. Positive-rated employers (those that have not caused a drawdown in the trust fund) will see their unemployment taxes automatically increase as trust fund balance thresholds that trigger tax decreases are lost.

Increasing unemployment insurance

taxes is highly counterproductive in the current environment. State policymakers must find ways to mitigate such increases.

Finally, many BIA members report challenges accessing testing equipment, specifically non-touch thermometers, a key ingredient in returning to normalcy.

Employers are trying to comply with the “Universal Guidelines for All New Hampshire Employers and Employees” released with the Stay at Home 2.0 emergency order. It reads, “Employers should take the temperatures of their employees on-site with a non-touch thermometer each day upon the employees’ arrival at work.” However, businesses are finding it very challenging to procure these thermometers, hampering their ability to follow guidelines and screen employees for Covid-19.

Individual sectors of New Hampshire’s economy, indeed subsectors within sectors, have their own unique challenges in attempting to return to “normal.”

But the concerns articulated above are nearly universal and should occupy a place at the top of policymakers’ “to do” list.

Jim Roche is president of the Business & Industry Association of New Hampshire.

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Now more than ever, chambers are needed Why this is the right time to join your local chamber of commerce COMMUNITY CONNECTIONS

BY WENDY HUNT

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o other organization represents the business community like local chambers of commerce.

During the Covid-19 pandemic, chambers have emerged as a vital conduit of communication between state and federal officials and our businesses.

Chamber leaders are talking to our governor, state legislators, our congressional delegation and senators, commissioners and many others. We are advocating for the needs of the business community both at the state and federal levels on an almost daily basis, bringing your realtime issues, questions and concerns to top officials.

We have worked tirelessly to provide the business community with the most current information available and to assist them in navigating coronavirus funding options, NH Employment Security, Covid-19 guidelines and more.

Chambers have had to become innovative in presenting our business education programming, and are now hosting webinars and virtual workshops on a range of topics pertinent to Covid-19 issues.

Offering virtual events has boosted morale during times of isolation and allowed our members to maintain important business connections.

As we flatten the curve in New Hampshire and business sectors start to reopen, chambers continue to work harder than ever for each business and for the future of our communities. As the “voice”

of business on both state and federal levels, chambers will be crucial during the recovery and over the months and years to come.

No one ever predicted our lives would be so quickly impacted by a contagious virus, and chambers have proven themselves to be a lifeline for our businesses during Covid-19.

Are you wondering if joining a chamber of commerce is worth the investment?

Wherever are you in the life cycle of your business, chambers have programs and solutions for all stages of business.

Why now is the time to join: • Now is the time to get connected and build meaningful relationships.

Chambers offer a variety of options to do this, including networking events, volunteer opportunities, ribbon-cuttings to celebrate our member milestones. Even in times of social distancing and working from home, the chamber offers virtual events to continue the engagement of our members.

• Now is the time to be seen. Chambers are a trusted source and by being listed in our membership directories, you can increase your SEO to help customers better find your business.

• Now is the time to promote your business. As a member you can submit your events, job opportunities and business updates to share with the community. Chambers offer different levels of membership and sponsorship opportunities to maximize your visibility.

• Now is the time to advocate. Chambers advocate for your business every day at the local, state and federal levels.

We help you navigate issues that you couldn’t do on your own. When you are a member of the chamber, you are not alone.

• Now is the time to grow professionally. Chambers offer a variety of business education seminars on topics that are relevant to your business, giving you an advantage in business best practices, marketing and technology.

• Now is the time to educate. Many chambers have strong partnerships with local school districts to help in developing tomorrow’s workforce through interactive programs and career exploration. Through us, find future employees by offering internships.

• Now is the time to invest in the future. Through young professionals

programs, chambers can foster collective action among young business leaders and entrepreneurs by giving them the tools to mobilize and network.

We invite you to join your local chamber of commerce to help your business grow and thrive during the recovery.

We think you’ll find that becoming a chamber member will be one of the best business decisions you’ll ever make.

For a complete list of the approximately 50 New Hampshire chambers of commerce, visit gmsvcc.org.

Wendy Hunt is president of the Greater Merrimack-Souhegan Valley Chamber of Commerce and chair of the New Hampshire Association of Chamber of Commerce Executives.

LETTER TO THE EDITOR

Even a limited sales tax would kill the NH Advantage TO THE EDITOR:

In a recent opinion by Citizens Count regarding how the current pandemic might affect our state’s tax policy (“Can coronavirus crisis prompt NH tax changes?” May 22-June 4 NH Business Review), the author asserts “Granite Staters might consider a limited proposal, such as a sales tax on luxury goods.”

What your readers should be aware of is that the New Hampshire House just a few months ago considered, and expeditiously killed, House Bill 1492, establishing a tax on the retail sale of certain electronic devices to fund

education. This was the epitome of a “limited proposal.”

It was also the epitome of the metaphor “camel’s nose under the tent.” Any “limited” sales tax is certain to be followed by requests to expand the list of taxable items.

Once it’s passed it becomes “easy money.” Definitions are also problematic, as the Ways and Means Committee report to the House described.

And as I told the House Ways & Means Committee in my testimony on HB 1492 on behalf of the New Hampshire Retail Association, once we can no longer say “taxfree shopping” the New Hampshire Advantage is over.

We’ve seen in the last two months a shift to remote sales and delivery in amounts that previous projections had taking place over several years. That consumer behavior is unlikely to change back, so retailers, particularly of high-end goods, face a bumpy road ahead, competing with retailers who don’t have the costs of physical stores

and customer-facing employees along with the cost of protections against virus-spread, at least in the shortterm.

By the way, the House voted 320-11 to kill HB 1492.

Curtis J. Barry Concord

Have your own NH opinion? Send it to EDITOR@NHBR.COM

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N H B R.C O M

THE LAW

Does adding “.com” to a word make a trademark?

U.S. Supreme Court to decide level of protection in Bookings.com case

— namely, PepsiCo. Trademark rights can be powerful and valuable components of a business’s intellectual property portfolio.

On May 4, the U.S. Supreme Court presid- Unlike its intellectual property cousins, pated over its first-ever remote oral argument ents and copyrights, a trademark does not in theREGION matter of U.S. Patent and Trademark expire after a certain amount of time, but NASHUA Office v. Bookings.com. The case garnered remains effective so long as it is in actual considerable attention because the argu- use as a trademark, and theoretically can ments were made over telephone lines with last forever. each justice remotely questioning the witAlthough a business may enjoy certain nesses, and all on a live feed to the public. trademark rights without receiving a fedUncharted watersPERSONAL indeed for our country’s eral registration for a trademark, a federal RING, HOSPITALS, BANKING, FINANCE, ENERGY highest court. THE LATEST, ABOUT TOWN registration provides the strongest protec, FLOTSAM, LAW, OPINIONS, But theTOURISM, case also is significant it tion from competitors unfairly trading off ON, HEALTHCARE, NEWS, CHARITABLEbecause GIVING, MORE ONLINE addresses whether “.com” companies will the goodwill of their trademarks. A federal e, CALENDAR, LAST WORD be eligible to obtain federal trademark pro- registration also provides rights throughout tection for generic terms that historically all 50 states. have been ineligible for trademark protection.

When considering whether a work or In the simplest sense, trademarks are logo is worthy of a federal trademark regiswords, phrases, symbols or designs used to tration and protection, potential marks are identify the source of products or services. described generally in one of four ways corFor instance, when a consumer purchases relating to the strength of the mark. a product with the “Pepsi” mark or logo, Generic marks are those used to describe that consumer knows and expects that common terms or categories of goods such product was produced by a singular source as cars, bikes, hats, etc. Because these are

BY JEREMY T. WALKER

terms that everyone uses commonly, they are not afforded any trademark protection.

Otherwise, businesses could register these generic terms as trademarks and prevent competitors from using those terms to sell like products.

Descriptive marks use a word that describes the nature of goods or services and can be afforded trademark protection only if the owner establishes that the mark has acquired some distinctive, “secondary meaning” such that consumers identify the descriptive mark with a singular source.

Examples of descriptive marks that have gained secondary meaning and function as trademarks are “digital” for computers and “sharp” for televisions.

Suggestive marks do not describe particular goods or products, but instead just suggest some attribute of a good or product, and still require some thought on the part of consumers to connect the dots to the product or service. “Microsoft” is suggestive of software for microcomputers and “Greyhound” is suggestive of bus transportation services.

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Fanciful marks are the strongest types of trademarks because they have the sole purpose of functioning as a trademark and have no other meaning other than its use as a trademark. Classic examples of fanciful marks are “Exxon” or “Kodak.”

The recent case before the Supreme Court originated in 2011 when an internet company applied for trademark protection of its name, Bookings.com. The U.S. Patent and Trademark Office rejected the application and denied federal trademark protection on the basis that the term “bookings” is a generic term for hotel reservations, and generic terms cannot serve as trademarks.

The USPTO’s logic was that it would be unfair to afford the term “bookings” trademark status because it would prevent other competitors from using that common term to describe that they also perform hotel bookings.

Upon appeals through the federal court system, the Court of Appeals for the Fourth Circuit disagreed with the USPTO and held that the combination of the generic term “bookings” with “.com” render the mark a descriptive mark, and therefore could be a federally protected trademark if it had acquired secondary meaning. The court further found that consumer survey evidence showed that the mark had acquired secondary meaning and consumers identified the mark with a single source.

Now before the Supreme Court, an attorney for the U.S. Solicitor General argued, on behalf of the USPTO, that allowing companies to obtain trademark protection by combining generic words with “.com” would serve to unfairly restrict competition. Thus, argued the Solicitor General, terms such as car or wine cannot be afforded trademark protection nor should companies be able to obtain a trademark for “Car.com” or “Wine.Com.” Based on questioning by the Supreme Court justices, it is hard to predict which way the court will rule, but either way will be meaningful.

If the court allows for generic words combined with “.com” to obtain federal trademark rights, will that mean a business named www.car.com be able to stop other auto businesses from using the term “car” in their domain names? Or if the Supreme Court rejects the trademark, will that mean that the currently registered trademarks Hotels.com or Restaurant.com will face challenges to their trademark protection?

Stay tuned, the Supreme Court likely will rule early this summer.

Jeremy Walker, a director in McLane Middleton’s litigation department, focuses his practice on business litigation, with a particular emphasis on intellectual property and construction litigation.

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J U N E 5 - 18, 2020

CARES Act expands access to Chapter 11 relief

Experienced Intellectual Property Attorneys

Trademarks. Patents. Copyrights. Trade Secrets

New law hikes debt threshold for businesses to file for streamlined reorganization Mark Wright

BY BOB KEACH AND SAM ANDERSON

By now you likely have heard — and perhaps benefited from — the federal Coronavirus Aid, Relief and Economic Security (CARE) Act. Understandably, much of the focus of the act has been on much-needed loan and other programs to assist small and mid-sized companies survive the impact of the crisis.

However, the CARES Act also includes critical reforms to Chapter 11 of the Bankruptcy Code. These reforms will allow those cash-strapped businesses for which the new loan programs may be insufficient to survive this downturn and reorganize successfully.

Specifically, the CARES Act amended the Small Business Reorganization Act of 2019 (SBRA) by increasing the eligibility threshold from $2,725,625 of debt to $7.5 million of aggregate debt (exclusive of loans by shareholders or other insiders) for businesses filing for Chapter 11 relief and electing treatment under the new Subchapter V of Chapter 11 of the Bankruptcy Code.

This increased debt threshold will provide small businesses with greater access to the SBRA’s benefits while businesses grapple with the short and long-term impacts of Covid-19.

The SBRA, which took effect on Feb. 19, added a new Subchapter V to Chapter 11 of the Bankruptcy Code to provide a streamlined, efficient and cost-effective opportunity for small businesses to successfully reorganize under Chapter 11. The SBRA was a consequence of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11, co-chaired by Bernstein Shur’s Bob Keach, who also testified before the relevant Senate and House subcommittees in support of the SBRA. Here are a few of the significant provisions for Subchapter V cases, as amended by the CARES Act: • Debtors with non-contingent (secured and unsecured) liabilities totaling no more than $7.5 million (excluding insider debt) may opt for Subchapter V relief.

• The SBRA provides that the company’s management remains in control of the company, absent unusual circumstances, throughout the case. The SBRA, like other Chapter 11 cases, assumes a

debtor-in-possession. The U.S. United Trustee Program will appoint what has been referred to as a “consulting” trustee in every Subchapter V case, but the Subchapter V trustee does not operate the business and does not investigate the debtor or its operations (unless the court orders the trustee to do so), but rather is primarily responsible for assisting the debtor in formulating a plan, negotiating with creditors, and otherwise ensuring a successful reorganization.

Except in highly unusual circumstances, the trustee will not hire professionals, thus saving costs.

• A creditors’ committee is not appointed in a Subchapter V case, unless ordered by the court for cause. Again, this reduces the costs of Subchapter V cases.

• Within 60 days of filing for bankruptcy, the bankruptcy court will hold a status conference to determine how best to proceed with the case, permitting the court to customize proceedings as needed.

• Only a debtor may file a plan of reorganization, and the debtor must file its plan within 90 days of the bankruptcy filing, unless extended due to circumstances for which the debtor should not be held accountable. Given the permitted structure of plans, this deadline will not be problematic for the vast majority of debtors.

• Certain requirements for the contents and confirmation of a plan are modified through the SBRA, including provisions that allow court approval of the plan, even if creditors object or vote to reject the plan, and which enable the owners of the company to retain their interests without paying creditors in full or obtaining their consent.

The Covid-19 pandemic is causing unprecedented disruption to our economy and creating enormous pressure on large and small businesses alike across a broad array of industry sectors. The CARES Act reforms to the SBRA provide struggling businesses with broader access to relief available under Chapter 11 of the Bankruptcy Code, giving them an opportunity to weather this crisis and emerge stronger afterwards.

Bob Keach and Sam Anderson are co-chairs of Bernstein Shur’s Business Restructuring and Insolvency Group, representing clients throughout the United States.

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THE LAW

FFCRA documentation required for employer tax credits

1. Employee name 2. Requested leave dates CHRISTINA M. DENBOW 3. A written statement supporting the COVID-19 related reason for which the The Families First Coronavirus Reemployee is requesting leave sponse Act (FFCRA) requires small and midsize businesses to provide paid sick 4. A statement that the employee is unable to work (including telework) due leave to their employees through two of to such reason, and either: its provisions: the Emergency Paid Sick NASHUA REGION • In the case of leave based on a quarLeave Act and the Emergency Family and Medical Leave Expansion Act (ex- antine order or self-quarantine advice of a healthcare professional, the name of panded FMLA).

Under FFRCA, employers subject to the the governmental entity or healthcare EPSLA and expanded FMLA paid leave professional should be provided. If the requirements are entitled to fully refund- person quarantined is not the employee, RING, HOSPITALS, able taxBANKING, credits PERSONAL to cover FINANCE, the costENERGY of the the employee must provide the name of , FLOTSAM, LAW, OPINIONS, THE LATEST, ABOUT TOWN leave required to be paid to employees such person and their relation to the emON, HEALTHCARE, TOURISM, NEWS, CHARITABLE GIVING, MORE ONLINE for those periods when they are unable ployee. ce, CALENDAR, LAST WORD • Or in the case of leave based on a to work. Certain self-employed individuschool closure or unavailability of a child als in similar circumstances are entitled care provider, the names and ages of the to similar credits. children to be cared for, the name of the To request the tax credits for paid leave school or provider, and a representation payments paid out under FFCRA, an emthat no other person will be providing ployer will need to have documentation to substantiate the payments. Employ- care for the children during the period ees must provide employers with docu- of requested leave should be provided. ments supporting sick or expanded fam- If the employee is required to care for ily and medical leave. The documentation a child older than 14 during daylight should include a signed statement con- hours, the employee must also provide taining the following information: a statement that special circumstances

BY LINDA S. JOHNSON AND

WHEN ITS' TIME Choose The Right Team.

TO TRANSITION

exist requiring the employee to provide care.

The employer may also request that an employee provide additional material needed for the employer to support a request for tax credits. The employer is not required to provide leave if materials sufficient to support the applicable tax credit have not been provided.

In addition, according to the IRS, eligible employers claiming the credits for qualified leave wages (and allocable qualified health plan expenses and the eligible employer’s share of Medicare taxes) must retain records and documentation related to and supporting each employee’s leave in order to substantiate the claim for the credits. This includes: • Documentation showing how the business determined the amount of wages to be paid to employees eligible for paid leave, including records of the employee’s regular work hours (including telework) and the employee’s regular wages (both are used to compute the amount and pay rate of available leave) and records showing the amount of leave actually taken by the employee.

• Documentation showing how the em-

ployer determined the amount of qualified health plan expenses that the employer allocated to wages.

• Copies of any completed Forms 7200, “Advance of Employer Credits Due to Covid-19,” the employer submitted to the IRS. • Copies of completed Forms 941, “Employer’s Quarterly Federal Tax Return,” that the employer submitted to the IRS, (or copies of documentation the employer provided to a third party when the employer uses a third party payer to meet their employment tax obligations.”

The company should keep these records for at least four years regardless of whether leave was granted or denied. If an employee provided oral statements to support a request for paid sick leave or expanded family and medical leave, the employer is also required to make a record of the oral statements and to retain such information for four years.

Linda Johnson and Christina Denbow are attorneys at McLane Middleton, Professional Association.

Johnson can be reached at 603-628-1267 or linda. johnson@mclane.com. Denbow can be reached at 603-628-1376 or christina.denbow@mclane.com.

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J U N E 5 - 18, 2020

New privacy concerns emerge as businesses reopen

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Collection of Covid-related personal, health information strictly governed

BY CAMERON G. SHILLING AND JOHN F. WEAVER

As the coronavirus crisis transitions into its next phase and the economy starts to reopen, businesses face significant new information privacy issues.

They will be collecting sensitive personal and health information about employees, customers, vendors and other individuals who work at or enter their facilities. That will include information like body temperature, past and present symptoms and illnesses, Covid-19 test results, existing health conditions that make individuals vulnerable, and the social interactions and travel histories of individuals. Most businesses are unaccustomed to the rules for properly handling such information, and are unaware of the privacy law requirements that apply to it.

Collection, use and disclosure of health information about employees is strictly limited by the Americans with Disabilities Act. Under the ADA, requests for health information must be either related to an employee’s fitness for duty or job-related and consistent with business necessity, including to determine if employees pose a direct threat to others.

In response to the current crisis, the Equal Employment Opportunity Commission and Centers for Disease Control and Prevention are permitting the widespread gathering of health information about employees to stem the spread of the coronavirus. However, when doing so, employers still must comply with ADA privacy requirements, including gathering only the health information necessary to address Covid-19 issues, ensuring only the proper and limited use and strict confidentiality of such information, and securely retaining health information separate from other records.

Personal and health information about employees, customers, vendors and other individuals also is governed by a multiplicity of varying state, federal and foreign privacy regulations.

A few prominent examples are HIPAA, the Massachusetts Right of Privacy Act, the California Consumer Privacy Act, the New York Stop Hacks and Improve Electronic Data Security (SHIELD) Act, the European Union General Data Protection Regulation (GDPR) and the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA). These laws generally apply to information that any business collects and uses about individuals who reside in those jurisdictions, even if the businesses have no physical presence there.

Privacy regulations require businesses to

implement significant controls with respect to personal and health information. The most meaningful requirements include the following: 1. Notify individuals about the purposes for the collection, use and disclosure of personal and health information, and with respect to certain sensitive information, obtain consent from individuals before engaging in such activity.

2. Ensure that the collection, use and disclosure of such information is only for legitimate purposes that are specifically permitted by applicable privacy regulations.

3. Notify individuals of their rights with respect to such information, and honor those rights whenever exercised by individuals.

4. Implement security controls that are appropriate to protect the sensitivity of the information collected, used and disclosed by the business.

Because many businesses have not previously engaged in the widespread handling of sensitive personal and health information, they likely are unfamiliar with the privacy requirements that apply to such information, and are unaware of and unprepared to implement the controls required by such regulations. Consequently, before and as businesses reopen, they should work with an experienced cybersecurity attorney to conduct a rapid privacy risk assessment, implement the controls that can be implemented within the next several weeks and address additional privacy law requirements over a more extended period of time.

When doing so, businesses must identify an appropriate privacy standard to use for compliance. The National Institute of Standards and Technology, or NIST — a non-regulatory technical agency that is part of the U.S. Department of Commerce — recently promulgated a comprehensive standard called the Privacy Framework. Whereas NIST’s existing standard, the Cybersecurity Framework, focused primarily on security controls, the Privacy Framework provides a useful regime for businesses to use to start to come into compliance with the multitude of differing existing and forthcoming privacy laws.

The next phase of our “new normal” will inevitably involve businesses collecting, using and disclosing a greater volume and wider variety of sensitive personal and health information. Existing privacy regulations are strict, and such new laws are emerging routinely from state legislatures. Now is the time to make your business information privacy compliant.

Cam Shilling chairs and John Weaver is a member of McLane Middleton’s Information Privacy and Security Practice Group.

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REAL ESTATE & CONSTRUCTION

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N H B R.C O M

SPONSOR E D BY

Can NH shopping malls survive the coronavirus?

As anchor tenants declare bankruptcy and store closings continue, talk of redevelopment arises NORTH COUNTRY

LAKES REGION

NASHUA REGION

BY MICHAEL KITCH

TOP ROW: BUSINESS TECH, ARCHITECTURE, ENGINEERING, HOSPITALS, BANKING, PERSONAL FINANCE, ENERGY SECOND ROW: FEATURE STORY AND JUMPS, IN BRIEF, FLOTSAM, LAW, OPINIONS, THE LATEST, ABOUT TOWN THIRD ROW: REAL ESTATE + CONSTRUCTION, EDUCATION, HEALTHCARE, TOURISM, NEWS, CHARITABLE GIVING, MORE ONLINE FORTH ROW: AREA GRAPHICS, another TOURISM choice, CALENDAR, LAST WORD

The impact of Covid-19 has hastened the coming of the so-called “retail apocalypse,” casting a shadow over the future of state’s major shopping malls, which represent some of the state’s most valuable properties and occupy some of its most prized land.

In 2019, retailers announced 9,302 store closings, 60% more than the year before. And this year, more than 2,000 stores were shuttered before the coronavirus hit its stride.

Prominent among the fallen and frail are department stores — Sears, Nieman Marcus, J.C. Penney, Macy’s, Lord & Taylor — which altogether represent 60% of the anchor space and 30% of the floor space of a typical shopping mall.

“The genre is dead,” Mark Cohen of the Columbia University Business School told The New York Times.

In April, Green Street Advisors, a research firm that watches the commercial real estate market, predicted by the end of 2021 that half the remaining department stores will be closed permanently, setting malls adrift without anchors.

“Many malls will now be faced with multiple anchor vacancies, a tough place to come back from, especially in an environment where demand for space is virtually nonexistent,” Vince Tibone, an analyst at Green Street Advisors, told CNBC. “This begs many questions. What will a mall redevelopment look like post-Covid?”

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Anchors sinking Three of the four largest enclosed malls in New Hampshire — the Mall of New Hampshire in Manchester, the Pheasant Lane Mall in Nashua and the Mall at Rockingham Park in Salem — are owned by the Simon Property Group, the largest retail real estate investment trust (REIT) and largest operator of shopping malls in the country. Simon also owns Merrimack Premium Outlets, a strip mall with a faux village motif featuring upscale retailers.

The fourth enclosed mall — the Mall at Fox Run in Newington — is owned

by Seritage Growth Properties, a REIT formed in 2015 when Sears spun off its 235 properties, including its anchor store at Fox Run. A fifth enclosed mall, Steeplegate Mall in Concord, is owned by Namdar Realty Group. That mall has been troubled since the Great Recession, and has started to find some non-retail tenants, like a gym and charter school.

At both Pheasant Lane and Rockingham Park, one anchor space is empty and two are occupied by Macy’s and J.C. Penney while Lord & Taylor operates alongside them both at Rockingham Park. At the Mall at Fox Run, three of the four anchors are occupied, two by Macy’s and one by J.C. Penney.

>

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J U N E 5 - 18, 2020

By the end of 2021, half of the remaining department stores will be closed permanently, setting malls adrift without anchors.

When anchor stores go dark or more than 20% of the mall is empty and foot traffic dwindles, the leases of other tenants commonly include provisions entitling them to lower rents as well as options to terminate their leases, leaving mall owners with less income and empty space.

Property tax valuations Simon closed its three New Hampshire enclosed malls on March 29, and they were among the 77 of the 200 in its portfolio that reopened as of May 11. By the end of that week, 71 of the listed 120 stores at the Mall of New Hampshire, 77 of the 130 at Pheasant Lane Mall and 96 of the 134 at the Mall at Rockingham Park remained closed.

At the Merrimack Premium Outlets, 10 stores were open and 91 closed. At the Mall at Fox Run in Newington, six stores were open, another six were opening soon, while 39 were closed.

While some of these stores will likely reopen, others may not. Those that do reopen will incur the added costs of following public health protocols while operating at reduced capacity under the shadow of uncertain consumer confidence and strained consumer income.

Earlier in May, Simon reported its net income dropped 20% in the first quarter and its stock price tumbled 60%. Funds from operations, the sum of net income, depreciation and amortization less gains from asset sales — a key metric for REITs — slid 9%.

Simon is suing both Manchester and Nashua to reduce the assessed valuations of their properties and has deferred $6 million in property tax payments due in June on all three of its malls. The company reported that some “key retail tenants” had failed to pay rent without disclosing details but indicated the company “fully expects its tenants to honor their lease commitments.” To reduce costs and keep

liquidity, the company has furloughed employees and cut executive compensation.

But Simon CEO David Simon assured shareholders the company would continue to pay its quarterly cash dividend.

Noting that more than 175 companies had suspended or halved their dividends, he declared, “We will not be one of those companies.”

Seritage reported first-quarter earnings were a third less than the same period a year ago as “substantially all” its tenants had closed. The company collected 54% of its rents in April and was considering requests for deferred payments on a case-by-case basis.

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The gales buffeting brick-and-mortar retail are likely to strengthen. While retail sales fell 17% in April, online sales rose 8%. Slowing and stalled wage growth has sapped the buying power of those with modest and meager means.

From 1970 to 2015, the number of malls increased at a rate more than twice that of the population, while foot traffic has slowed during the past decade.

“There is too much retail,” said Bill Norton, president of Norton Asset Management in Manchester and a regular contributor to NH Business Review, “and a reset is coming.” He explained that the owners of the malls — Simon and Seritage — “are not in the retail business. They are in the real estate business.” The ultimate value of these properties, he said, lies in the land the malls stand on.

“It’s about repurposing the real estate,” Norton said.

Instead of enclosed shopping malls ringed by vast parking lots, he envisioned mixed-use developments, where retail would be one, but not the sole, component. He pictured “a kind of live, work and play” development with residential units, office spaces, recreational areas and some retail.

Brian Wright of Colliers International, a commercial real estate brokerage, said that he expected mall owners “to deal with their tenants, work through the crisis and get to the other side” while acknowledging it is difficult to foresee what lies on the other side.

Like Norton, he said that malls stand on “prime locations” and are suited to what he called “mixed-use, lifestyle developments,” like those underway at Tuscan Village in Salem and Woodmont Commons in Londonderry.

Earlier this month, an update to shareholders and investors from Seritage began, “We believe there will be an immense need to convert well-located real estate for revitalized purposes.” And the company will be, the statement continued, “continuing to expand our opportunity set beyond retail, with a focus on multi-family and mixed-use environments.”

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The Macy’s stores are not among the 30 the company intends to close this year to lighten its debt load. J.C. Penney, also heavily in debt, filed for bankruptcy last week and is expected to liquidate. Lord & Taylor is reported to be preparing to liquidate its inventory, file bankruptcy and shut down. In other words, all four malls are anchored by failed or flagging chain department stores.

N EW HAM PSH I R E B USI N ESS R EVI EW

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Building on Hope completes first component of new project NORTH COUNTRY

LAKES REGION

NASHUA REGION

Building on Hope, the volunteer organization of New Hampshire designers, architects, suppliers and builders, recently completed construction of an elevator shaft at Nashua PAL’s Youth Safe Haven, one of the first major components of the full renovation of the building.

While following social distancing guidelines, the Building on Hope team was able to stick with its original plan ROW: BUSINESS TECH, ARCHITECTURE, ENGINEERING, HOSPITALS, PERSONAL FINANCE, ENERGY to TOP construct the elevator shaft at Nashua PAL in April, and BANKING, will continue construction in phases throughout the SECOND ROW: FEATURE STORY AND JUMPS, IN BRIEF, FLOTSAM, LAW, OPINIONS, THE LATEST, ABOUT TOWNmore than $4.1 million in summer. Over the past decade, Building on Hope’s team of volunteers have completed THIRD ROW: REAL ESTATE + CONSTRUCTION, EDUCATION, HEALTHCARE, TOURISM, NEWS, CHARITABLE GIVING, MORE ONLINE community-supported renovation projects throughout New Hampshire.

FORTH ROW: AREA GRAPHICS, another TOURISM choice, CALENDAR, LAST WORD Every other spring since 2010, hundreds of volunteers from all over the state and beyond work around the clock for 10 straight days to renovate a New Hampshire nonprofit.

This year is different. The group would have been right in the thick of Build Week this month, with a “grand reveal” of the Nashua PAL Youth Safe Haven, the group’s sixth nonprofit renovation. But due to the Covid-19 crisis, in place of its usual 10-day “Extreme Makeover”-style Build Week, Building on Hope made the decision to complete renovations in phases throughout this summer for the health and safety of its volunteers and the community.

Over the next few weeks, Nashua PAL will vacate the building, while Building on Hope makes construction progress leading up to the grand reveal celebration, which is planned for Oct. 4.

The volunteer So far, more than 50 individuals and 16 businesses have donated their resources, materials, organization Building on labor and contributions to the construction of the elevator, including: Academy Roofing, Hope recently completed Rindge; All Pro Plumbing, Haverhill, Mass.; Atlantic Prefab Inc., Wilton; Eversource Energy; construction of an elevator shaft at JET Concrete, New Ipswich; JG MacLellan Concrete, Lowell, Mass.; Metro Walls, Manchester; the Nashua PAL Youth Safe Haven.

Milton Rents, Chichester; Moore Concrete Cutting, Brentwood; Nashua Fire Rescue; Nashua It has been forced to adjust its Police Department; NorthPoint Construction Management, Hudson; Pichette Brothers Conconstruction schedule amid the struction, Manchester; SL Chasse Steel, Hudson; Southern NH Concrete, Londonderry; Stelpandemic, and its ‘grand reveal’ is now scheduled for los Electric, Nashua; and Streamline Waterproofing & Caulking.

October.

Building on Hope is still seeking financial contributions and volunteers in the trades who may be interested in donating their skills and time for a short period. For more information, visit buildingonhope.com/get-involved.

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U.S. Sen. Maggie Hassan, D-NH, has joined a group of senators and members of the U.S. House calling for establishment of a $100 billion Emergency Rental Assistance Program aimed at helping people pay their rent during the Covid-19 crisis.

The Emergency Rental Assistance and Rental Market Stabilization Act of 2020 was introduced in the House by U.S. Rep. Denny Heck, D-Wash. U.S. Sen. Sherrod Brown is expected to introduce a companion bill in the Senate.

The bill would establish an Emergency Rental Assistance program to provide $100 billion in emergency rental assistance to help families and individuals pay their rent and remain housed during and after the Covid-19 crisis. The program would be based on the existing federal Emergency Solutions Grant program, which supports emergency short-term rental assistance.

The bill would offer rental assistance to anyone earning up to 80% of median income, although exceptions may be made in areas where rents are particularly high.

Stabilizing renters and helping make landlords whole through the crisis will help the economy recover from the economic aftershocks of the pandemic, Hassan said.

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J U N E 5 - 18, 2020

NH signs efficiency deal for over 20 Seacoast buildings The Seacoast Science Center in Rye is among the buildings included in New Hampshire’s energy savings performance project.

The state of New Hampshire has signed a 20-year energy savings performance contract, or ESPC, to implement energy conservation measures at more than 20 state facilities throughout the Seacoast.

Under the ESPC, the state expects to save energy without incurring any up-front costs.

The state will pay for the energy improvements with the savings, which are expected to top $4 million over the contract.

The conservation measures include lighting system improvements, new energy management systems, demand-controlled ventilation, chiller replacement, new windows, high-efficiency aquarium pumps, infiltration reductions, pipe insulation, new transform-

ers, three solar PV arrays and automatic temperature controls.

The facilities targeted for the conservation measures include buildings managed by the Departments of Fish and Game, Employment Security, Natural and Cultural Resources, Transportation and Administrative Services. Among the buildings are such attractions as the Great Bay Discovery Center and Gregg Conservation Center in Greenland and the Seacoast Science Center in Rye. Ameresco Inc., a Framingham, Mass.-based energy efficiency and renewable energy company, is overseeing the program.

The project is expected to be completed in March 2021.

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THE LATEST CONSTRUCTION

Raymond-based Jewett Construction has added Amanda Oliveira of Plaistow to its staff as human resources manager to assist in the management of ANCE, ENERGY OUT TOWN staff and development strategic BLE GIVING,ofMORE ONLINEcompany planning. Oliveira has a 24-year career in the field, working as a human resources manager, human resources generalist, leave administrator and assistant safety director.

of its board of directors and Jason D. Houston of Keene has been named vice chair. Prior to retiring, Coneeny was managing director of media and telecom investment banking at Credit Suisse First Boston in New York and for several years, owned and operated the Windham Hill Inn in West Townsend, Vt., with his wife Marina.

Houston is a certified public accountant and managing partner at John G. Burk and Associates, a public accounting firm in Keene.

ACCOUNTING

FINANCIAL SERVICES Frederick Boucher, a

private wealth advisor with Main Street Private Wealth Management, Nashua, a private wealth advisory practice of Ameriprise Financial Services, has qualified for the company’s Circle of Success annual recognition program.

Marc Meunier has

been named regional vice president of Richmond, Va.-based Capital Square’s Northeast territory, providing sales and marketing support for broker-dealers, registered representatives and registered investment advisors in New Hampshire, New York, Rhode Island, Massachusetts, Vermont, Connecticut and Maine. Capital Square is an investment sponsor specializing in tax-advantaged real estate offerings.

The Savings Bank of Walpole has announced that Joseph A. Coneeny of Walpole has been named chair

Leone, McDonnell & Roberts has announced that Joe Payne has earned his certified public accountant certification. At the firm, he is responsible for individual and tax planning and preparation, as well as audits, reviews and compilations at the firm’s Wolfeboro office.

ADVERTISING AND MARKETING MESH Interactive has

been hired by Glaukos to redesign and launch a patient microsite to better connect and inform those interested in LASIK Xtra procedures. The redesigned site is designed to make it easy for consumers to find the information they need to make critical decisions about LASIK medical procedures they are considering. MESH previously designed another microsite for Glaukos, Living with KC, for those living with Keratoconus, a

condition that causes the cornea to weaken and thin over time, causing significant loss of vision. MESH has offices in Manchester, NH, and Boston, Mass.

PUBLIC POLICY W.S. Badger’s Co-CEO Rebecca Hamilton recently joined over 300 companies, including more than 120 natural products businesses, in LEAD on Climate 2020, a virtual call to action asking U.S. House and Senate lawmakers to build a better economy by including resilient, long-term climate solutions into future economic recovery plans. Led by Ceres in partnership with the Climate Collaborative, companies sounded the alarm that the Covid-19 pandemic is a wake-up call for the looming threat of climate change.

St. Mary’s Bank recently made a $10,000 donation to Building on Hope’s new renovation project — the Nashua Police Athletic League’s Youth Safe Haven building on Ash Street. The renovation includes exterior improvements and solar panel installation as well as interior renovations to include educational resources, safety features and ADA accessibility. The $1 million Youth Safe Haven project is slated for completion in May.

TECHNOLOGY Intervala LLC, a Pitts-

burgh-based manufacturer of electronic and electromechanical products, has acquired

Princeton Technology Corp. of Hudson,

a high-technology electronics manufacturing services provider founded in 1996.

Under the acquisition, which has already closed, Princeton be-

Professional Services.

Exceptional Results.

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gan operating under the Intervala name.

The SpotOn Virtual Fence dog containment and tracking Claremont-based IT system has won a Gold firm Red River has been awarded a multiStevie Award in the year contract under New Product — Conthe state of California’s sumer Electronics catSoftware Licensing egory in the 18th AnProgram for Google nual American Business Cloud services. It is one Awards competition. of six contractors to The SpotOn Virtual be awarded the SLP Fence lets dog owners contract. SLP, estabset up a virtual containlished in January 1994, ment area wherever is a multi-year contract they are. It also offers that helps California’s satellite tracking in state agencies procure the event that the dog Google’s software, leaves the area as well NHasBusiness software maintenance the ability to Review store $610 per contract and technical support. fences at 2020 up to 10 locaRed River is an authotions. awards will page ad and 1/8thThe rized reseller of Google be virtually presented Logo sponsor for ReCon section of during a live event on Cloud Platform and G submitted April 2, 2020 Wednesday, Aug 5.

Suite.

Dave Kjendal, chief

technology officer of Senet Inc., a Portsmouth-based provider of cloud-based software and services platforms for the Internet of Things, has been named to the board of directors of the LoRa Alliance. The alliance is a global association of companies backing the open LoRaWAN standard for low-power wide-area networks.

tfmoran.com

O PECHEE C ONSTRUCTION C ORPORATION

Nashua-based RegDOX Solutions Inc., provider of services to secure and exchange documents and files in the cloud while complying with Federal cybersecurity mandates governing controlled unclassified information (CUI), has launched the RegDOX Long-Term Storage solution for archiving CUI in the cloud while enabling compliance with those regulatory requirements.

Matt Loede, a print industry sales specialist, has joined Electronics For Imaging Inc. as Eastern regional sales manager for the EFI Display Graphics business, which is based

in Londonderry, NH. Loede, who is based in Tampa, Fla., previously worked with Ultraflex Systems Inc. as vice president of sales and marketing.

Position Imaging, Stratham, has become a certified ISO/IEC 27001:2013 provider, receiving third-party accreditation for its information security management system from the International Standards Organization.

NONPROFITS paper

The 2020 Governor’s Conference on Volunteerism will be held

through virtual webinars from June 23-25.

Registration is free. The conference will feature sessions on topics ranging from high-level decision-making to personal development and program delivery.

Bryan Bessette, president of the Freedom Café in Durham, will be the keynote speaker.

To register, visit volunteernh.org.

The Bangor Savings Bank Foundation has

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J U N E 5 - 18, 2020

New board for Automobile Dealers Association Lisa Nast, owner of Dalton Mountain Motorsports, has been elected chair of the New Hampshire Automobile Dealers Association.

Her career in the motorsports industry began in 2001. She has owned Dalton Mountain Motorsports for the last 13 years.

Nast is joined by two new directors, Ron Poirier of Bob & Sons Automotive of Manchester and John Sawyer Jr. of Portsmouth Ford. Roger Groux of Honda Barn in Stratham has been reelected as secretary and Pete McNamara has been reelected as the organization’s president for another two-year term.

announced a $10,000 grant for the Virtual Inclusion Support and Technology Assistance program, a pilot initiative in Manchester that is working to augment the Manchester School District’s tech support system, provide new laptops and home broadband as well as online learning resources to participating students who need it.

The Grafton County Senior Citizens Council, Inc. has elected two new board members, Dean Cashman, who has worked in banking in the Upper Valley of New Hampshire and Vermont since 2005, and Lori Fortini, who has worked at Dartmouth-Hitchcock since 2001 and is currently program leader of the Aging Resource Center.

Step Up Parents, a

Portsmouth-based organization that offers financial assistance to relative caregivers who have stepped up to raise children of parents struggling with substance use disorder, has been awarded $5,000 from Kennebunk Savings Bank through its Spotlight Fund.

The Way Home has announced that Lindsey Lussier has joined its staff as a housing advocate. She previously served as New Hampshire regional field director for the presidential campaign of Vermont Senator Bernie Sanders.

REAL ESTATE A 4,000-square-foot industrial condo at 88 Priscilla Lane in Auburn has been sold by Real Ashby of Manchester to Keith Daigle, owner of Ratchets Auto Works of Pelham.

Mike Reed of Stebbins Commercial Properties represented the seller and assisted the buyer in the transaction. According to the Registry of Deeds, the sale price was $310,000.

The sale of the 4,365-square-foot salon/apartment building at 581 Maple St., Manchester, has been announced by Mike Reed of Stebbins Commercial Properties. Reed represented the seller, Elli Demetriou, and Des Rochers Real Estate Professionals represented the buyer, Maple Street LLC of Manchester. According to the Registry of

Deeds, the sale price was $312,000.

The NH Preservation Alliance has handed

out its annual awards to seven individuals in recognition of their work on rehabilitation and restoration projects and planning initiatives. Winners were: Carolyn W. Baldwin for outstanding leadership and contributions to the New Hampshire preservation movement; Bill Bartlett for the rehabilitation and reuse of the Plaistow Depot; Historical Society of Cheshire County for restora-

tion and rehabilitation of the Wyman Tavern and the Bruder House; Farm Envi-

ronmental Education Center and Samuel P. Pardoe Foundation

for the stewardship of Prescott Farm, Laconia; Wolfeboro Girl Scouts FIRST Lego League Team for

outstanding advocac.; and Arnold M. Graton for outstanding leadership and contributions to the New Hampshire preservation movement.

MEDIA WMUR-TV recently won a string of regional and national awards.

The station earned

three regional Edward R. Murrow Awards for its Commitment 2020 political coverage, and for excellence in sound and writing work on two New Hampshire Chronicle stories. The Murrow Awards are presented annually by the Radio Television Digital News Association (RTDNA) to recognize the best electronic journalism produced by radio, television and online news organizations. In addition, Erin Fehlau, WMUR anchor and host of the station’s nightly magazine program “NH Chronicle,” won a Gracie Award for a story on the state’s women aviators. Gracie Awards are given to recognize exemplary programming created by, for and about women.

LAW

$15 million in private investment. The grant was announced by U.S. Sens. Jeanne Shaheen and Maggie Hassan and Congressman Chris Pappas.

As schools around the state prepare to reopen in the fall, the New Hampshire Automobile Dealers Association has gone door

to door to bring some cheer to students who applied for financial aid to pursue careers in the auto industry. The organization provided $75,000 in aid to 32 high school and 37 college students for the 2020-21 school year. The grants, ranging from $500 to $5,000 will help pay for enhanced training and certification.

The program works in partnership with local dealerships and with auto manufacturers so that students are working on the exact types of cars they would most likely see in their workplace in the future.

TRANSPORTATION Hooksett-based

Sulloway & Hollis attorney Alexander Henlin has been elected as a fellow of the American College of Coverage Counsel. He serves as co-chair of the firm’s Insurance and Reinsurance Practice Group.

BUSINESS ORGANIZATIONS The Rockingham Economic Development Corp. has won a

$1 million grant from the federal Economic Development Agency to establish a revolving loan fund to provide gap financing to area businesses and entrepreneurs. The grant, which will be matched with $250,000 in local funds, is expected to create nearly 300 jobs and generate

Merchants Fleet was recently honored with three Stevie Awards in the 18th annual American Business Awards.

The company received a gold Stevie for “Fastest Growing Company of the Year” and two bronze Stevies for “Most Innovative Company of the Year” for companies up to 2,500 employees as well as “Achievement in Management” in recognition of Merchants Fleet CEO Brendan P. Keegan.

SPORTS Ownership of the New Hampshire Fisher Cats minor league baseball team in Manchester has announced expansion of its ownership group: Rick Brenner and Tom Silvia. Brenner, of Amherst, was the

Fisher Cats’ president and general manager for over 10 years. Silvia, also of Amherst, is a longtime financial executive with Fidelity Investments and VineBrook Partners.

Art Solomon, who has been the sole owner of the Fisher Cats for 15 years, will retain a majority ownership share.

ENERGY Kevin Wood has been

hired as sales/account manager of Proulx Oil & Propane, Newmarket.

In addition, Mandee Anderson has been promoted to customer service manager at the firm.

HEALTHCARE The National Cancer Institute has renewed

its Cancer Center Support Grant to Dartmouth College’s Norris Cotton Cancer Center at Dartmouth-Hitchcock Medical Center in Lebanon, continuing core funding for the only Comprehensive Cancer Center north of Boston. The fiveyear grant will provide continued core support for NCCC’s clinical care and research missions.

CONSUMER SERVICES Grant Broom has

opened a College HUNKS Hauling Junk & Moving franchise in Hooksett to serve southern New Hampshire. Grant, a retired U.S. Army captain, said he will be hiring other transitioning service members in the New England area. To learn more, visit www.collegehunkshaulingjunk. com/manchester/.

Please send items for possible publication in The Latest to

EDITOR@NHBR.COM Include a color photo if available.

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A. That is the million-dollar question, and people disagree. Some would say, “Well, women have children, and then they don’t want to work anymore.” I don’t think that’s exactly what it is. I just think there’s a whole variety of things that come into play that make it hard for women to stay.

&

INTERVIEW

BY JEFF FEINGOLD

Bernstein Shur CEO

Joan Fortin

n Q. What are you doing about that?

A. Part of it is just cultural. We’re trying

In April 2019, Joan Fortin became CEO of the law firm Bernstein Shur, which has offices in Portland and Augusta, Maine, and in the Manchester Millyard. She is the first woman to run the 105-year-old firm. Before becoming CEO, she focused her practice on land use, municipal law, tax increment financing and wind energy development projects.

to make sure that we have an environment where people feel safe and respected, like most employers today. Familyfriendly policies are really important to me, and it’s important that it’s for men and women. Because we normalize professionals having children as something that men engage in and women engage in, it’ll decrease the stigma of women who need to leave early and take care of their child.

Some of the stuff we’ve done the last couple years. We have a very progressive parental leave policy. Just broadly, we have a policy that provides 16 weeks of paid leave for all new parents: male, female, same-sex couples, birth, adoption, foster care. We also took away a couple of barriers. One is you used to have to work at the firm a year before it applied, and that’s gone.

n Q. How long have you been

at Bernstein Shur?

A. A little over 20 years. I’ll tell you why I chuckle when people ask me that question. I came as a student, a law student, went back to law school, graduated, clerked, went to the firm. Then, within a year, quit and moved to Alaska, and worked there for a year, and then came back. I’ve been back since ‘99.

n Q. What’s the split now

n Q. You focused your practice on tax increment financing districts, or TIFs. Could you explain what they are best used for?

A. I represented both municipalities

between women attorneys and male attorneys?

A. We follow the same trend as you’ll see

nationally. We hire at roughly equal levels.

Then you go up the levels, from junior associate to senior associate to non-equity shareholder to equity shareholder. But, basically, across the nation, law firms bleed out women at every step of the way. Those numbers bear out in our firm as well. We’re probably roughly equal numbers of men and women as junior associates, but by the time you get to equity shareholders, maybe we’re 25%.

and private developers for many years on TIFs, and I always tell them the same thing — the TIF statute is best used to help municipalities foster economic development.

In Maine, they’re used in different ways.

For example, in Portland, it was used to develop Thompson’s Point. It was a blighted site that no one was developing for a long, long time, because it just needed too much.

n Q. The reason for that falloff?

Joan Fortin, a longtime attorney at Bernstein Shur, last year became the first women to head the law firm in its 105-year history.

(Courtesy photo)

I worked with a private client to get a TIF district set up. The whole peninsula is a TIF district now and there are restaurants, theaters, museums and major events there.

That’s economic development that benefits the city that would’ve never happened, but the TIF was able to provide an economic incentive for someone to take that on.

Another example is if a municipality wants to attract development. For example, if a town wants to create a business park. One of the things they’ll do is put a TIF district on it, and then use the new value to pay for laying power, water and sewer, all the infrastructure needed, so that you’ve got pad level sites. It’s a lot more attractive to a new company if all they need to do is build from the ground up.

n Q. What do you think the economic climate is going forward for the legal industry, especially considering the coronavirus?

A. Well, I have been feeling very bullish about it, and I’m very excited about the next couple years. Our lawyers have been very, very busy, and there are a lot of deals in the pipeline. But you asked the question that is now going to start keeping me up at night: What is the coronavirus going to do to legal demand? I think what we’re learning right now is everyone’s trying to figure out how to do as much work as you can remotely. People who have a business are not going to stop, people who are trying to build a business are not going to stop, and so it might be hardest for the people who have practices that involve smaller walk-in clients, people that need to come and meet face-to-face with their lawyer — that might be harder, depending on what happens with the social distancing.

GO TO NHBR.COM TO READ MORE OF THIS INTERVIEW

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J U N E 5 - 18, 2020

FLOTSAM&JETSAM

Story hour Just giving you this heads up: Two years after writing their first novel – “The President is Missing” – James Patterson and former prez Bill Clinton are planning to release a second one.

And guess what? “The President’s Daughter,” set for release in June 2021, will be about a former U.S. president living in rural New Hampshire whose daughter is kidnapped.

(Yikes!)

Terms of the deal were not disclosed, The New York Times reported.

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Matching grants

The opposite of resume padding?

A George Washington Bridge too far?

1st CD GOP nominee wannabe Matt Mayberry sent this non-confrontational fundraising email last month.

In it, the former aide to ex-NH guv Chris Christie tells his peeps, “Let’s Destroy Our Goal.”

Then he asks for (or, considering the photo, should it be “demands”?) his peeps to cough up some dough: “Our campaign to defeat the leftist Chris Pappas from Congress has been going great but I need your help to achieve our fundraising goal for the month of May.” No word on whether he met that $20k goal, but it should be noted that he missed a different target, since the day after that 5/31 fundraising deadline US House Minority Leader Kevin McCarthy announced he’s backing the other Matt in the 1st CD GOP race, Matt Mowers.

You may not have noticed, but there are a coupla new codirectors at Saint Anselm’s Center for Ethics in Business and Governance – you know the center that the Tyco settlement money from 2007 helped build.

Anyway, one of the new co-d’s is Jason Sorens, described in the St. A’s press release as having taught at Yale, Dartmouth and the University of Buffalo, researched and written more than 20 peer-reviewed journal articles, as well as a book, aptly titled “Secessionism: Identity, Interest, and Strategy.” Pretty good academic resume, wouldn’t you say?

But for some reason, there’s something missing from his credentials in the press release – notably that he’s the founder of the Free State Project, which is trying to entice 20k libertarianminded folks to move to NH and eventually take the place over, or at least the government. Not in so many words, but that’s pretty much the goal.

Must have been an oversight.

Or something.

Sorens: A new gig

Obviously it’s not an easy thing to beg for money all the time, just ask any politico running for office. But sometimes you come across a fundraising ploy that just stands out from the rest.

This one comes courtesy of Colorado Corky Messner, who wants the GOP’s US Senate nod.

In a recent email, Todd Cheewing, his campaign manager, writes that “we need to raise $12,580 before May 31st.”

And how can that be done?

Well, CM, writes TC – “is personally matching all donations to the end of the month!”

You read that right. For each dollar donated CM will dig into his own pockets to match that donation. Just like one of those public radio fundraiser specials. The only difference is you don’t get a coffee mug. Or maybe that’s next time.

And come to think of it: If he can match donations like that, why does he need the money?

Messner: Digging deep

MAKING THE ROUNDS  So has the NH House officially become the US Congress, what with the bickering, backbiting and BS over resuming the session?

 Let’s just hope the fix isn’t in on the NH Dept. of Ed’s remote learning survey of parents, teachers and administrators, considering that some peeps are raising questions about the validity of the data collected.

 Speaking of Ed Commish Edeblut, can it really be the rules he’s waiting for to distribute some of that $37 mill in CARES money to school districts? And why isn’t he actually doing something to get the money out? Right now, the districts have received bupkis.

 Will we ever find out the story on whether or not Guv Sununu was invited to Secretary of State Mike Pompeo’s posh “elite” dinners, which have come under fire for using tax $$$ to cultivate GOP donors and media types for his future political goals.

 Each time he calls the guv an “authoritarian,” former rep Andrew Manuse – one of the founders of the “grassroots” ReopenNH “movement” – it sounds more and more like he’s gearing up to run against him, doesn’t it?

 Your ears weren’t deceiving you: Wheeler will face former five-term exec councilor from Milford is running again for his old seat. But this time he’ll have a primary, against ex senator and current lobbyist Bob Clegg of Hudson. Get the popcorn ready – should be a fun one.

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GOOD SUPPORTS

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