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 […]
EEOC Updates: Newly Issued Harassment Guidance, Including One Specific For The Construction Industry
By: Michelle De Oliveira, Esq. and Brittany Darcy, Esq.
On June 19, 2024, the EEOC issued harassment guidance, Promising Practices for Preventing Harassment in the Construction Industry (“Construction Guidance”), specifically addressed to the construction industry. The EEOC announced that its newly issued Construction Guidance supports its Strategic Enforcement Plan for Fiscal Years 2024-2028, “which, in part, focuses on […]
Massachusetts Enacts Pay Transparency Law
By: Laura M. Raisty and Michelle M. De Oliveira
On July 31, 2024, Governor Maura Healey signed into law An Act Relative To Salary Range Transparency, making Massachusetts the twelfth state to pass a pay transparency law. The law requires covered employers to provide pay ranges in job postings and pay information directly to employees and applicants upon request. Moreover, […]
Trial Think – Founding Principles – Episode 1
In this episode of Trial Think, Nate Cole, hosts a 60-minute interview highlighting the origins of Trial Think. He introduces the founding partners of Kenney & Sams, P.C. (K&S) — Chris Kenney and Mike Sams where they uncover how the successful firm was founded and their innovative approach to civil litigation and construction litigation using the techniques of K&S’ Trial […]
The Claims Clause
By: Drew Colby
One of the most dangerous clauses in any construction contract is the claims clause. The claims clause provides relief (monetary and/or time) for changes in the work. This clause can be a landmine for owners and trades alike. Claims clauses typically have four components; namely, (1) is the work really a change; (2) when must notice be […]
Navigating Workforce Management Landmines in Rhode Island
Many of our clients maintain offices, hire employees, and transact business in Rhode Island. Primarily, many focus on complying with Massachusetts law given their principal places of business. However, it is critical for employers to understand that transacting business in Rhode Island often triggers Rhode Island employment laws – even if employees work remotely from Rhode […]
Enforceability of No-Damages-For-Delay Clauses
By: Michael P. Sams, Esq. and Joshua D. Klebanoff, Esq.
Suffolk Construction’s 43 floor mixed use project in the Magic City was anything but after the United States District Court for the Southern District of Florida recently found Suffolk Construction’s inability to manage the “flow” of the project as general contractor so egregious that it constituted “active interference” with […]
Appeals Court Reinstates Failed Restaurant’s Elusive Breach of Implied Covenant of Good Faith and Fair Dealing Claim Against Commercial Landlord
By: David Viens
Introduction
A recent Massachusetts Appeals Court case involving a dispute arising from a failed restaurant demonstrates the often-elusive nature of what is known as the “implied covenant of good faith and fair dealing.” The case, Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (“Classic Restaurant”), involved a commercial lease dispute between Classic Restaurant Concepts, LLC […]