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, Esq.

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, […]

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

Michelle De Oliveira quoted in Massachusetts Lawyers Weekly article discussing a recent 1st U.S. Circuit Court of Appeals decision in Frith, et al. v. Whole Foods Market, Inc., et al.

Partner Michelle De Oliveira was quoted in Massachusetts Lawyers Weekly article, “ ‘Alternate explanation’ sinks suit over ‘Black Lives Matter’ mask ban” from July 8th.  The article discusses a recent 1st U.S. Circuit Court of Appeals decision, Frith, et al. v. Whole Foods Market, Inc., et al., holding that Whole Foods employees who were disciplined for wearing Black Lives […]

July 19th, 2022 - 12:00pm|Categories: Articles & Publications, General|

Employees Have a Statutory Right to Rebut Information Placed in Their Personnel Records and Cannot Be Terminated or Retaliated Against for Exercising Their Right

By: Laura M. Raisty, Esq.

The Massachusetts Supreme Judicial Court (“SJC”) ruled in Meehan v. Medical Information Technology, Inc., 488 Mass. 730 (2021) that an employee cannot be discharged for submitting a written rebuttal to information placed in their personnel file.

The Personnel Records Statute (M.G.L. c. 149, § 52C)

            The Massachusetts personnel records […]

July 6th, 2022 - 4:17pm|Categories: Articles & Publications, Employment Law|

Massachusetts Federal Court Awards Employer $1.6 Million for Former Employee’s Breach of A Non-Compete

By: Andrew M. Winston, Esq.

On March 28, 2022, the U.S. District Court for the District of Massachusetts held that an employer was entitled to $1.6 million in damages for lost profits as a result of a former employee’s breach of noncompetition and non-solicitation restrictions.

In short, NuVasive, a manufacturer of products used to treat spinal disease, filed a lawsuit against its […]

July 6th, 2022 - 11:50am|Categories: Articles & Publications, Employment Law|

The FLSA Preempts Massachusetts’ Wage Act When the FLSA Provides the Sole Basis for an Employee to Recover Unpaid Overtime Wages


By: Greg Vanden-Eykel, Esq.

            On April 14, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued a nuanced and limited decision in Devaney v. Zucchini Gold, LLC holding that the Fair Labor Standards Act (“FLSA”) is the sole statutory scheme under which Massachusetts restaurant employees can recover damages related to their […]

July 6th, 2022 - 11:46am|Categories: Articles & Publications, Employment Law|

Employer on the Hook for Treble Damages for Failure to Pay Earned Vacation on Employee’s Termination Date – And Paying Wages Before Employee Files Complaint is No Excuse


By: David R. Kerrigan, Esq. & Michelle De Oliveira, Esq.

            A recent decision by the state’s highest court has reinterpreted the Massachusetts Wage Act’s damages calculation for a late wage payment to a discharged employee, holding that an employer that does not pay earned wages in full on an […]

July 5th, 2022 - 9:24pm|Categories: Articles & Publications, Employment Law|

Employers: The Time Is Ripe For Management Training

By: Michelle De Oliveira, Esq.

            Employment law is constantly changing as courts issue groundbreaking decisions and new statutes are enacted at both the state and federal level. For this reason, the importance of regularly conducting employment-related risk management trainings for a company’s management team has become critically important. Examples include:

The Massachusetts Wage […]

July 5th, 2022 - 8:59pm|Categories: Articles & Publications, Employment Law|