Federal Trade Commission Takes Action on Fake Reviews
By John Nagle
Understanding the Federal Trade Commission’s (FTC) recently-issued Final Rule prohibiting businesses from publishing fake online reviews of their products or services will be critical for companies in industries where online reviews are often key drivers of consumer choice. The Final Rule sends a strong message that the FTC intends to monitor the effect […]
Massachusetts Expands Earned Sick Time Law With Addition Of A New Qualifying Reason For Sick Time Use
By Michelle M. De Oliveira, Esq.
Starting November 21, 2024, qualifying reasons for an employee’s use of earned sick time under Massachusetts’ Earned Sick Time Law (M.G.L. c. 149, § 148C) will include the physical or mental health care needs as a result of the employee’s […]
OSHA Proposes New Heat Hazard Standard Potentially Impacting Construction Industry
By: Samantha C. Corcoran, Esq. and Greg Vanden-Eykel, Esq.
Excessive heat in the workplace can cause serious injury and death to employees. In fact, heat is the leading cause of weather-related deaths in the United States. To date, however, no federal rules, laws, or standards regulate employer obligations to mitigate workplace […]
Let’s Be Reasonable: A Liquidated Damages Reminder
The Massachusetts Appeals Court recently struck down a liquidated damages provision in a commercial lease. In so doing, the Court followed well-established precedent in declining to enforce a liquidated damages provisions that is considered a penalty. The outcome highlights the importance of careful consideration of potential damages when entering into contracts.
To […]
Plaintiffs Seeking to Recover Damages from an Insurer Must Expressly Prove Their Insured Property Damages
By: Herling D. Romero Adrianza
On August 14, 2024, the Massachusetts Appeals Court in Lessard v. R.C. Havens & Sons, Inc. (“Lessard”) affirmed a trial court’s order allowing an insurer’s motion for summary judgment and finding an insurer has no duty to indemnify its insured where the plaintiff in a construction defect case failed to distinguish property damage […]
NLRB Further Limits The Enforceability of Non-Competition Agreements and “Stay or Pay” Agreements
On October 7, 2024, the National Labor Relations Board’s (NLRB) General Counsel issued new guidance detailing the following: 1) employers’ potential liability for non-competition agreements found to be unlawful, and 2) the unenforceability of so-called “stay or pay” agreements between employers and employees. Although the NLRB’s guidance does not carry the force of law […]
Developments in Rhode Island Employment Law Entering 2025
This article continues Kenney & Sams’ series addressing Rhode Island employment laws that impact our Massachusetts and Rhode Island clients. Awareness of these developments is particularly important for our Massachusetts-based clients who may not always consider the implications of Rhode Island law on their operations. As 2024 ends and 2025 begins, we highlight […]
Title: The Litigation Associate’s Guide to Surviving and Thriving – Episode 3
Join Nate Cole, Shareholder at Kenney & Sams, P.C., as he hosts the latest installment of Trial Think. In this episode, Nate sits down with three dynamic senior associates from the firm: Herling Romero, Mike Dickman, and Brittany Darcy. Discover their unique journeys into the legal profession, hear firsthand experiences about life as an associate, and gain insights into what […]
Trial Think – Hot Issues in Employment Law – Episode 2
In this Trial Think episode, we dive into the crucial topics that every employer should have on their radar! Greg Vanden-Eykel and Michelle De Oliveira, our employment practice group experts, will share insights on management training, policy updates, and best practices. Greg and Michelle discuss the importance of reviewing job offer letters, employee classifications, and agreements with staffing agencies. Whether […]
Texas Court Blocks FTC’s Proposed Non-Compete Ban Amid Authority Concerns
By: Laura M. Raisty
A federal court in Texas has blocked the Federal Trade Commission’s (“FTC”) noncompete ban nationwide, holding that the FTC does not have the authority to ban non-competition agreements.
On August 20, 2024, the United States District Court for the Northern District of Texas issued a ruling in Ryan, LLC v. Federal Trade Commission, in which it concluded […]