SJC Holds That Parties Cannot Contract Away Willful or Knowing Violations of the Massachusetts Consumer Protection Act, Chapter 93A
On January 24, 2022, the Supreme Judicial Court struck down a contractual limitation of liability provision as void against public policy. In H1 Lincoln, Inc. v. South Washington Street, LLC, the SJC held that contract waiver does not preclude multiple damages under the Massachusetts Consumer Protection Act (c. 93A) for willful or knowing misconduct.
Chapter 93A, […]
The Policy Giveth and the Policy Taketh Away: Do You Know Your Insurance Policy’s Coverage Exclusions?
If you own a construction business, a Commercial General Liability (CGL) policy is a crucial part of protecting your business from various losses. Generally, a CGL policy provides a business with insurance coverage for bodily injury and property damage caused by the business’s operations, products, or injuries that occur on its premises.
While a CGL policy’s […]
Massachusetts Ending COVID-19 Temporary Emergency Paid Sick Leave on March 15, 2022
By: Michelle M. De Oliveira, Esq.
On February 28, 2022, the Commonwealth announced that required employer-provided leave under An Act Providing for Massachusetts COVID-19 Emergency Paid Sick Leave will end, effective March 15, 2022.[1] Until then, employers must continue to provide paid sick leave (up to $850 per week) to eligible employees for qualifying reasons […]
“Please Release Me (Let Me Go)” – Prince Andrew Suit Offers Lesson in Drafting Settlement Agreements
By: Christopher A. Kenney, Esq.
Ray Price, Kitty Wells, and Englebert Humperdinck all had hits with it, and now Prince Andrew is singing it too: “Please release me, let me go.” But a federal judge is not letting him off the hook so easily, and the decision offers an important lesson for attorneys drafting settlement agreements.
In a high-profile case, […]
Two Top Lawyers Appointed to New England Legal Foundation’s Massachusetts State Advisory Council
WilmerHale’s Litigation Vice Chair Felicia Ellsworth and former Massachusetts Bar President Chris Kenney Named to Posts
BOSTON – New England Legal Foundation President Dan Winslow today announced the appointment of two of Massachusetts’ top legal talents to the Foundation’s Massachusetts Advisory Council: Felicia Ellsworth, WilmerHale partner and Litigation practice Vice Chair, and Christopher Kenney, Kenney & Sam’s co-founding partner […]
United States Supreme Court Halts Enforcement Of OSHA’s ETS for Private Employers with 100+ Employees
By: Laura M. Raisty, Esq. & Michelle M. De Oliveira, Esq.
The Biden Administration’s attempt to enforce OSHA’s Emergency Temporary Standard (“ETS”) has been halted, once again. On January 13, 2022, the United States Supreme Court, in a 6-3 decision, granted a stay of the ETS, which requires private employers with 100 or more employees to […]
Massachusetts Adopts CDC’s Newly Issued Guidance Relating To Isolation & Quarantine; Interplay with OSHA’s ETS
By: Laura M. Raisty, Esq. & Michelle M. De Oliveira, Esq.
On January 9, 2022, the U.S. Centers for Disease Control and Prevention (“CDC”) provided additional guidance to clarify its December 27, 2021 update, in which it shortened recommended COVID-19 quarantine and isolation periods. According to the CDC, the shorter periods focus on when a person is most […]
Key Considerations Concerning Contracts For The Sale Of Goods
By: Kenney & Sams, P.C.
Contracts governed by Massachusetts law are typically covered by one of two independent legal frameworks; the common law and the Massachusetts Uniform Commercial Code (the “UCC”). Contracts concerning the provision of services, real estate, and intangible assets are generally covered by the Commonwealths’ common law of contracts whereas transactions for the sale of goods and other […]
Employers Should Prepare Now For Changes to Massachusetts Paid Family and Medical Leave, Effective January 1, 2022
Brief Overview of PFML for Employers
Who and what do PFML cover?
Enacted in 2018, the Massachusetts PFML Act permits most W-2 and some 1099-MISC employees to take job-protected, paid leave from work for family or medical reasons, including to:
- Bond with a child in the first 12 months after the child’s birth, adoption, or foster care placement;
- Manage […]
Kenney & Sams is pleased to announce four attorneys promoted to Partner
Kenney & Sams is pleased to announce the promotion of four of the firm’s lawyers to Partner. This is a direct result of their hard work, outstanding accomplishments, and dedication to the firm. Please join us in congratulating the firm’s newest Partners!
The following have been promoted to Partner: