Author Info for Conn Kavanaugh

Russell Conn

No Case is Too Big to Notify a Claims-Made Insurer

A headline-grabbing case regarding race in the college admissions process at an elite university, appealed all the way to the United States Supreme Court, is the type of nightmare scenario that might inspire an educational…more

Appeals, College Admissions, Educational Institutions, Harvard University, Insurance Claims

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Andrew Dennington

Client Alert: Massachusetts Supreme Judicial Court Affirms That Violations of Prompt Pay Act Have “Meaningful Consequences” for All Participants in Construction Industry

Conn Kavanaugh’s construction law team recently achieved a successful result at the Supreme Judicial Court (“SJC”) in a decision that will have significant impact for the Massachusetts construction industry…more

Construction Contracts, Construction Industry, Construction Project, MA Supreme Judicial Court, Prompt Payment

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Christopher Fitzgerald

“Are There Any Allergies at the Table?”: A Question Coming to More Restaurants Near You

“Are there any allergies at the table?” This is a question you’ve probably been asked at a restaurant in recent years. The number of customers responding affirmatively appears to be growing. And for good reason: allergic…more

Breach of Warranty, Consumer Protection Laws, Food Allergies, Food Safety, Hospitality Industry

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Kurt Fliegauf

Small Business Loans Under the Coronavirus Aid, Relief and Economic Security (Cares) Act

On Friday, March 27, 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act became law. One of the key provisions of the CARES Act is the introduction of a new Paycheck Protection Program, which makes significant…more

Business Closures, Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans

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Ryan Forgione

Residential Construction Projects: After Construction (Part 3)

This article is part 3 of a series of articles discussing common considerations for homeowners before, during, and after a residential construction project. Part 3 focuses on what homeowners should look out for after…more

Construction Contracts, Construction Defects, Construction Industry, Construction Project, Document Management

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Thomas Gallitano

OSHA Releases Highly Anticipated Standard on Required Vaccination or Weekly Testing for Large Employers

The Occupational Safety and Health Administration (OSHA) has released its long-awaited emergency temporary standard requiring vaccination or weekly testing of workers for private employers with 100 or more employees (ETS)…more

Biden Administration, Coronavirus/COVID-19, Deadlines, Employer Liability Issues, Employer Mandates

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Sheila Giglio

How to Own Your Vacation Home

Do you own a vacation home? If yes, do you own it alone or with others? Are you thinking of buying a vacation home? Will you be inheriting a vacation home? Many of us fall in love with an existing vacation spot or the…more

Beneficiary Designations, Estate Planning, Estate Tax, Limited Liability Company (LLC), Property Ownership

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Barry Gold

Small Business Loans Under the Coronavirus Aid, Relief and Economic Security (Cares) Act

On Friday, March 27, 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act became law. One of the key provisions of the CARES Act is the introduction of a new Paycheck Protection Program, which makes significant…more

Business Closures, Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans

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Erin Higgins

Lawyer impairment in the age of remote work

In response to the coronavirus pandemic, most lawyers spent at least several months working at home. Law firms are now opening back up, but many anticipate allowing their lawyers to continue to work at home at least some days of…more

American Bar Association (ABA), Coronavirus/COVID-19, Law Firm Associates, Law Firm Partners, Law Practice Management

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Yi Ke

My Giving Journey

As I was recently accepted into the Boston Bar Association’s Public Interest Leadership Program, I have been reflecting on my journey in Pro Bono legal work. My first time as a volunteer was with my college program in China. We…more

Career Development, Firm Leadership, Interviews, Mentors, Professional Development

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Brendan Kelley

New Year’s HR Housekeeping: Update Your Policies To Comply With Recent Changes To The Massachusetts Paid Family Leave Law

The new year is an excellent time for businesses to take a fresh look at their policies to ensure they are up-to-date. This article highlights recent updates to the Massachusetts Paid Family Medical Leave law (PFML) to be…more

Employee Benefits, Employee Contributions, Employer Contributions, Employer Liability Issues, Employment Policies

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Alyssa Kelly

“Who Keeps the Ring when an Engagement is Broken?”

An engagement ring is one of the most expensive items a person can purchase or receive. According to a study by TheKnot in 2022, the average cost of an engagement ring is $5,8001. It holds even more value as a proposal of…more

Conditional Gifts, Division of Assets, Engagement Rings, Family Law Courts, Personal Property

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Laurel Koes

Massachusetts Appeals Court Sheds Light on Double-Dipping in Trethewey v. Trethewey Divorce Settlement

While it is standard practice that an asset will be valued and divided in a divorce, what happens when the same asset that was divided between spouses is also used to generate income for support? In such divorce cases, a…more

Alimony, Appeals, Division of Assets, Divorce, Family Businesses

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Julie Martin

The Final Paycheck

When Planning to Terminate a Massachusetts Employee, Always Carefully Plan the Final Payment When an employment relationship goes wrong and an employer is faced with terminating an employee, the employer has to evaluate a number…more

Employees, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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Johanna Matloff

Lawsuits in the Aftermath of Rust

Anton Chekhov famously observed that any gun introduced to a story must be fired. And indeed Hollywood producers and directors have followed that rule without fail for about 100 years, recently with tragic consequences on the…more

Criminal Liability, Death Benefits, Design Defects, Duty of Care, Film Industry

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J.P. Christian Milde

“Corporate Citizen, Police Thyself”: How the DOJ Is Changing Its Corporate Enforcement Policy to Encourage Self-Policing

Self-Reporting Remains a Major Focus - Few executives expect to interact with the Department of Justice (DOJ) during their careers, but the current DOJ has given companies some homework, and the assignment applies to everyone…more

Cooperative Compliance Regime, Corporate Culture, Corporate Governance, Corporate Misconduct, Department of Justice (DOJ)

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Mary 'Beth' O'Neal

The New Rule is Better than the (Almost) Old Rule

The U.S. Department of Labor (the “DOL”) has issued a final rule to expand worker eligibility for overtime compensation under the Fair Labor Standards Act (“FLSA”). The new rule increases the salary thresholds required for…more

Bonuses, Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Kathleen O'Toole

Department of Labor to Expand Access to Overtime Pay Substantially in Two Phases Beginning July 1, 2024

On April 23, 2024, the Department of Labor (DOL) released a final rule raising the minimum salary thresholds for certain overtime exemptions under the federal Fair Labor Standards Act (FLSA), which effectively expands the number…more

Department of Labor (DOL), Employees, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Scott Ofrias

“Hot” Tips for Internal Investigations

An increased government interest in rooting out corporate fraud, coupled with new theories of corporate and individual liability, have made state and federal investigations almost a way of life for large and small companies…more

Best Practices, Corporate Crimes, Corporate Governance, Department of Justice (DOJ), Fraud

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Christina Pashou

How Might COVID-19 Affect Your Family Law Case?

March 30, 2020 The Novel Coronavirus crisis has changed our daily lives and continues to reshape the world regularly. In this time of unprecedented uncertainty, Conn Kavanaugh is here to answer your questions about how COVID-19…more

Alimony, Child Support, Child Support Modification, Coronavirus/COVID-19, Court Closures

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Thomas Peisch

ABA reminds us to play nice when lawyers leave

Monday morning for a firm’s managing partner brings a request from one of his partners for a sit-down. This is followed by an announcement from the partner that she is leaving the firm to open the Boston office of a larger…more

American Bar Association (ABA), Client Communication, Client Representation, Contract Termination, Joint Statements

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James Peloquin

COVID-19 Shutters Boston Construction Industry for (At Least) Two Weeks. What's Next?

In response to the public-health crisis caused by the spread of COVID-19, Mayor Walsh has ordered all construction activity halted in Boston, effective March 17, 2020. The order carves out exceptions for emergency utility…more

Boston, Construction Contracts, Construction Industry, Coronavirus/COVID-19, Force Majeure Clause

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Daniel Walsh-Rogalski

Improper Coaching in Remote Depositions

“He’s going to tell the truth. The truth is very, you know, complicated. So we went over it carefully, and just not to leave anything up to chance . . . . or Michael’s judgment.” Fans of the NBC sitcom, the Office, might…more

American Bar Association (ABA), Ethics, Federal Rules of Civil Procedure, Legal Coaching, Legal Ethics

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Michael Rossi

Spotting and Avoiding “Material Limitation” Conflicts of Interest

Some conflicts of interest are easy to spot. Most lawyers recognize, for example, that a lawyer cannot act as an advocate in one case against a person the lawyer represents in another case, even if the matters are unrelated. …more

Attorney Malpractice, Client Representation, Conflicts of Interest, Legal Ethics, Professional Liability

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Derek Schaffner

Navigating the Artificial Intelligence Landscape: What Businesses Need to Know

Artificial Intelligence (“AI”) generated a tremendous amount of excitement in 2023 as businesses rushed to build use cases and deploy AI tools throughout their organizations. AI has evolved from a futuristic concept into a…more

Artificial Intelligence, Automated Systems, Business Development, Compliance, Corporate Governance

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Emily Slaman

When Collusion Proves Costly: A Cautionary Tale on Potential Penalties for 93A Violations

What happens when an individual, to benefit their own employer, solicits confidential corporate information held by a spouse or partner? A damages award in the several millions may be the result. In BioPoint, Inc. v. Dickhaut,…more

Business Litigation, Confidential Information, Corporate Governance, Corporate Misconduct, Damages

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Carol Starkey

“Hot” Tips for Internal Investigations

An increased government interest in rooting out corporate fraud, coupled with new theories of corporate and individual liability, have made state and federal investigations almost a way of life for large and small companies…more

Best Practices, Corporate Crimes, Corporate Governance, Department of Justice (DOJ), Fraud

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Kaitlyn Stone

It All Started With A Mouse: What Happens When Iconic Characters Enter the Public Domain?

As one of the largest and most iconic entertainment brands in the world, the Walt Disney Company is most readily associated with two things: their main mascot, Mickey Mouse, and the fierce protection of their intellectual…more

Copyright Infringement, Copyright Litigation, Copyright Terms, Derivative Works, Disney

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Christopher Sweeney

Here Comes the Sun: Common Considerations for Solar Installation Agreements

In recent years, environmental concerns, skyrocketing electricity costs, and tax incentives have led to a boom in both residential and commercial use of solar panels. Stated differently, the masses have flocked to solar not just…more

Arbitration, Climate Change, Contract Terms, Due Diligence, Energy Projects

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Kenneth Thayer

Massachusetts Appeals Court Expands Chapter 93A to Encompass Hotel’s Failure to Warn Guest of Non-Solicitation Policy

With each decision, the courts give shape to Chapter 93A. This is Attorney Thayer’s second article on such decisions. To read his July 2023 coverage, click here. In a surprising decision that heightens potential exposure…more

Appeals, Business Litigation, Consumer Protection Laws, Failure To Warn, Hospitality Industry

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Alexis Theriault

Lessons Learned from Amber Heard and Bill Cosby: Homeowners Coverage for Defamation Claims

We all love to focus on the extravagant lives of celebrities, but how about the mundane aspects of their lives, like insurance? It might surprise you that many well-known people have used their homeowners insurance policies to…more

Damages, Defamation, False Statements, Homeowner's Insurance, Insurance Claims

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James Wagner

Colleges and Universities May Be Liable to Intoxicated Students for Failing to Take Reasonable Steps to Protect Them From Harm

The Massachusetts Supreme Judicial Court (“SJC”) has created an actionable duty of care of colleges and universities to helplessly intoxicated students. On July 27, 2020, the court held that, where a college or university has…more

Actual or Constructive Knowledge, Civil Liability, Colleges, Duty of Care, Duty to Protect

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Kirsten Young

How Might COVID-19 Affect Your Family Law Case?

March 30, 2020 The Novel Coronavirus crisis has changed our daily lives and continues to reshape the world regularly. In this time of unprecedented uncertainty, Conn Kavanaugh is here to answer your questions about how COVID-19…more

Alimony, Child Support, Child Support Modification, Coronavirus/COVID-19, Court Closures

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Conn Kavanaugh

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