The Perils of Filing An Intentionally Overstated Mechanic’s Lien

By: M. Matthew Madden, Jr., Esq.

A recent Superior Court decision should serve as a warning to contractors, subcontractors, and suppliers (“contractors”) throughout Massachusetts that mechanic’s liens filed with willful and knowing misstatements may be involuntarily dissolved by the Court.  Pursuant to M.G.L. c. 254, Massachusetts allows any contractor that has furnished labor or materials to a private […]

June 16th, 2023 - 11:46am|Categories: Articles & Publications, Construction and Real Estate Development|

MassDLA Selects Michael P. Sams as Lawyer of the Year

Congratulations to Michael P. Sams for being named Lawyer of the Year by The Massachusetts Defense Lawyers Association (MassDLA). MassDLA is an association of trial lawyers who defend corporations, individuals, and insurance companies in civil lawsuits.

Every year, MassDLA honors one lawyer with the Lawyer of the Year award chosen by the board and presented at the Annual Meeting which was […]
June 9th, 2023 - 9:42am|Categories: Awards & Recognitions|

A Document Retention Policy May Be Your Best Friend

By: Michael P. Dickman, Esq.

Flood insurance, IT trainings and phishing alerts, and…document retention policies.  What do these have in common?  For any individual or business, these items seem like an unnecessary expense and administrative burden when all is well.  Yet, when plans change, difficulties emerge, and bold action is necessary to protect you and your business’s interests, they very […]

June 1st, 2023 - 12:40pm|Categories: Articles & Publications, General|

Michelle De Oliveira Quoted in Massachusetts Lawyers Weekly

Director Michelle De Oliveira was recently quoted in an article in Massachusetts Lawyers Weekly article, “NLRB prompts review of severance agreements.”

The article centers around the McLaren Macomb, et al. decision in which the National Labor Relations Board rule which restricts the use of confidentiality and non-disparagement clauses in severance agreements.

Click here to read the full article.

May 4th, 2023 - 6:16pm|Categories: Articles & Publications, Employment Law|

Rhode Island Pay Equity Act: Questions And Answers For Employers

By: Greg Vanden-Eykel, Esq.

On January 1, 2023, the Rhode Island Pay Equity Act (“Act”) went into effect.  The Act significantly impacts multiple phases of the employment life cycle.  Namely, the Act prohibits wage discrimination based upon membership in a protected class, limits an employer’s use of an employee’s/applicant’s wage history, provides employees with access to certain wage information, and […]

February 2nd, 2023 - 4:11pm|Categories: Articles & Publications, Employment Law, General|

Federal Trade Commission Proposes Rule To Ban Non-Competition Agreements

By: Michelle De Oliveira, Esq.

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule to ban non-competition agreements. If enacted, this new rule would also require employers to rescind all existing non-competition agreements. The proposed rule is based on, among other things, the FTC’s preliminary finding that non-competition agreements constitute an unfair method of competition.

Below is an […]

February 2nd, 2023 - 4:06pm|Categories: Articles & Publications, Employment Law, General|

Plaintiff Succeeds In Establishing Prima Facie Case Of Age Discrimination Where Employer’s Overarching Discriminatory Animus Tainted an Otherwise Neutral Reduction In Force Decision

By: Michelle M. De Oliveira, Esq. and Andrew M. Winston, Esq.


The Massachusetts Appeals Court held in Adams v. Schneider Elec. USA that a plaintiff could bring a discrimination claim against his former employer based on evidence that corporate efforts to reduce the workforce were motivated by discriminatory bias, even where the person who selected the plaintiff for termination did […]

February 2nd, 2023 - 4:04pm|Categories: Articles & Publications, Employment Law, General|

First Circuit Re-Examines the Administrative Exemption Test Under the Fair Labor Standards Act

By: Herling Romero, Esq.

In a recent U.S. Court of Appeals for the First Circuit decision, Walsh v. Unitil Service Corporation, the court reminded employers of the necessary fact-intensive analysis that employers must use before classifying an employee as overtime exempt under the Fair Labor Standards Act’s (FLSA) administrative exemption.

Employers governed by the FLSA must pay their employees overtime unless […]

February 2nd, 2023 - 4:02pm|Categories: Articles & Publications, Employment Law, General|

DOL’s Proposed Rule Regarding Independent Contractor Classification

By: Brittany M. Darcy, Esq.

On October 13, 2022, the U.S. Department of Labor (“DOL”) issued a proposed independent contractor classification rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act (“Proposed Rule”). If implemented, the Proposed Rule will: (1) rescind the existing federal Independent Contractor Rule (the “2021 IC Rule”); and (2) serve as the new practical […]

February 2nd, 2023 - 3:58pm|Categories: Articles & Publications, Employment Law, General|

Liquidated Damages Provisions Are Powerful, But Only If They Are Enforceable

By: Alexander R. Zwillinger, Esq.

The goal of any contract is predictability. The parties want to know from the outset what their rights and obligations are, what they need to do, and what they can expect from the other side. To that end, a well-drafted contract will be clear, unambiguous, and thorough about each side’s promises and expectations. It will […]

February 2nd, 2023 - 3:49pm|Categories: Articles & Publications, Business Litigation, General|