Massachusetts Mechanic’s Lien Statutory Deadlines Are Strictly Enforced, Pandemic or Not

By: J. Nathan Cole, Esq. and Herling D. Romero, Esq.

The Massachusetts Mechanic’s Lien Statute, Mass. G. L. c. 254, has notoriously strict deadlines by which notices of contract, statements of account, and certified complaints must be filed in relation to work performed on private property to “perfect” and enforce a lien. Failure to comply with the statutory recording […]

November 1st, 2022 - 10:42am|Categories: Articles & Publications, Business Litigation, Construction and Real Estate Development|

Attorney-Client Relationships In The Metaverse

By: Matthew C. Welnicki, Esq. and Michael P. Dickman, Esq.

As commerce extends in the metaverse, the legal profession will need to keep pace. Lawyers and firms have already established a presence in these virtual worlds. Time will tell whether this proves to be a viable platform for legal engagements or simply a marketing tool. But companies that choose to […]

October 28th, 2022 - 1:17pm|Categories: Articles & Publications, Business Litigation|

Court Provides Employers with Roadmap to Ensure Proper Employee Versus Independent Contractor Classification

By: Greg Vanden-Eykel, Esq.

On July 13, 2022, the Massachusetts Appeals Court reemphasized the importance of compliance with the “ABC Test” to ensure proper employee versus independent contractor classification.

In Tiger Home Inspection, Inc. v. Director of the Dept. of Unemployment Assistance, the Appeals Court considered whether commercial and residential inspectors who provided services for Tiger Home Inspection (‘Tiger’) were employees or […]

October 27th, 2022 - 3:29pm|Categories: Articles & Publications, Employment Law|

Congratulations to Brittany M. Darcy for her selection to the Massachusetts Bar Association’s Leadership Academy

Kenney & Sams congratulates Brittany M. Darcy for her selection to the Massachusetts Bar Association’s Leadership Academy for the 2022-23 class year.  Continuing its commitment to cultivating leaders who will work diligently towards the improvement of the legal profession in Massachusetts, the MBA developed the Leadership Academy to better prepare young attorneys to assume leadership roles at the bar, in […]

October 20th, 2022 - 1:38pm|Categories: Awards & Recognitions, General|

EEOC Updates Its Guidance To Address COVID-19 Workplace Testing

By: Michelle M. De Oliveira, Esq.

On July 12, 2022, the Equal Employment Opportunity Commission updated its Guidance with respect to COVID-19 workplace testing. According to the EEOC, an employer may administer a COVID-19 test when evaluating an employee’s initial or continued presence in the workplace so long as the employer can show that it is job-related and […]

October 18th, 2022 - 12:51pm|Categories: Articles & Publications, COVID-19, Employment Law|

Does The Massachusetts Noncompetition Agreement Act Cover a Salesperson’s Sale of Her Book of Business?

By: Laura M. Raisty, Esq.

The Massachusetts Noncompetition Agreement Act, M.G.L. c. 149, § 124L (“MNAA”), effective October 1, 2018, established legal requirements for a valid and enforceable noncompetition agreement between a Massachusetts employer and employee. By its terms, however, it does not apply to a noncompetition agreement made in connection with the sale of a business.

A recent Superior Court […]

October 18th, 2022 - 12:50pm|Categories: Articles & Publications, Employment Law|

Know Your Contracts: Indemnity Clause Might Not Provide For Attorneys’ Fees

By: Drew W. Colby, Esq.

Although parties often attempt to collect attorneys’ fees through indemnity clauses, courts have held that indemnity clauses do not typically permit the recovery of attorneys’ fees in disputes between two contracting parties. The so-called “American Rule” generally prohibits one party from obtaining attorneys’ fees from the other.  This rule, however, does not apply when the […]

October 18th, 2022 - 12:49pm|Categories: Articles & Publications, Business Litigation, Construction and Real Estate Development|

Ten Kenney & Sams, P.C. Lawyers Named to 2022 Super Lawyers and Rising Stars Lists

Ten Kenney & Sams, P.C. attorneys have been named to the 2022 Super Lawyers and Rising Stars Lists!

The following have been selected for the 2022 Super Lawyers list. Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice. The selection process is rigorous and results in third-party validation of professional accomplishments.

October 11th, 2022 - 4:26pm|Categories: Articles & Publications, General|

8 Kenney & Sams, P.C. Lawyers Named to 2023 Best Lawyers and Best Lawyers: One to Watch Lists.

Boston, MA, United States, August 18, 2022 — Kenney & Sams, P.C. is pleased to announce that 8 lawyers have been included in the 2023 edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

“Best Lawyers was founded in 1981 with the purpose […]

August 18th, 2022 - 12:00am|Categories: Articles & Publications, General|

Client Alert – Massachusetts Enacts CROWN Act Impacting Employers, Employees, Schools, and Students Across the Commonwealth

By: Greg Vanden-Eykel

On July 26, 2022, Governor Baker signed the CROWN Act (Creating a Respectful and Open World for Natural Hair) into law making Massachusetts the 18th state to enact this type of law.

The CROWN Act adds “natural or protective hairstyle” to the list of protected classes in several existing statutes that impact private and public sector employers, as […]

July 26th, 2022 - 2:07pm|Categories: Articles & Publications, Construction and Real Estate Development|