Payal Salsburg quoted in Bloomberg Law Article on Massachusetts Simplified Anti-SLAPP Protocol for Retaliatory Suits

Bloomberg Law turned to our partner Payal Salsburg as a resource regarding the Massachusetts Supreme Judicial Court’s latest overhaul of the process for defeating a retaliatory lawsuit.

The justices revised a process for dismissing cases under the state’s anti-SLAPP law, a law meant to create a quick pathway for courts to throw out meritless lawsuits.

Payal comments on the new framework as “a welcome return to the legislature’s original intent with the law.” She continues, “it was only supposed to be for those very rare, narrow cases where there was no doubt whatsoever that the lawsuit has been brought because you exercised your petitioning activity and solely because of that.”

To read the entire article: Lawyers Hail New Massachusetts Retaliatory Suit Protocol

The Rights to Assembly and Free Speech Prevail Over Civility in Public Forums Barron v. Kolenda, 491 Mass. 408 (2023)

Which is more important – the rights to assembly and free speech or civility?  That question was the subject of Marc Laredo’s Case Comment in the November 2023 edition of the Massachusetts Law Review on the Supreme Judicial Court’s (SJC) recent decision in Barron v. Kolenda.  In his Case Comment, Marc reviews the SJC’s ruling that the rights to assembly and free speech must prevail and examines its implications for public officials and residents throughout the Commonwealth of Massachusetts.

To read Marc’s thoughts, please turn to page 79 of this month’s Massachusetts Law Review.

 

The Wedding is Off, and Who is at Fault? Let the Court Decide!

In the case of a broken engagement, who gets to keep the rings? This was the question the Massachusetts Appeals Court recently addressed in Johnson v. Settino, 103 Mass. App. Ct. 291 (2023).

In Johnson, the plaintiff had given his fiancé a $70,000 engagement ring and purchased two wedding bands. After he broke off the engagement, and his now ex-fiancé refused to return the rings, he filed a lawsuit to get them back.

Fall 2023 Newsletter

Payal Salsburg Featured in The Magazine of Saint Elizabeth University

Saint Elizabeth University ran a featured article about alumna and Laredo & Smith Partner, Payal Salsburg in a recent edition of the school’s magazine.

In the article, Payal talks about her journey from when she arrived in the United States from India to her work as a lawyer. She shares important insights about helping people who may not be able to obtain legal representation on their own. Sharing her thoughts about how her support as a pro bono lawyer can impact others and how her undergraduate experience helped shape who she is today, Payal tells us “being a student of Saint Elizabeth was a critical part of my development. To be in an environment that supported and nourished my need to serve others and to help me find ways to do that was really instrumental and made me realize those were my values too.”

Jessica Conklin Publishes Boston Bar Journal Article on Practice Tips for Title IX

Jessica Conklin co-authored an article for the Boston Bar Journal entitled, “Practice Tips for Representing Students in Title IX Proceedings.”  Title IX is a federal statute prohibiting discrimination on the basis of sex, including sexual harassment and it applies to virtually every educational institution that receives federal financial assistance. This article covers the unique challenges of these proceedings as well as processes associated with starting proceedings and managing cases as well as hearings and appeals. Jessica has broad experience working with students and their families in connection with disciplinary proceedings and Title IX investigations.

Payal Salsburg Co-Authors Boston Bar Journal Article on Standards for Duty to Preserve

Payal Salsburg co-authored a recent Boston Bar Journal article entitled, “JFF Cecilia LLC v. Weiner Ventures LLC: Is There Finally Clarity on the Legal Standard for When the Duty to Preserve Evidence Begins and When Spoliation Sanctions May Be Imposed?” In this article, Payal and her co-author discuss the JFF Cecilia case and the resulting clarification for lawyers about a party’s duty to preserve relevant evidence early, even if there is just a possibility of a lawsuit.

Payal Salsburg Quoted in Mass Lawyers Weekly article on Establishing Jurisdiction in Federal Court

Massachusetts Lawyers Weekly turned to Payal Salsburg for comment in a recent article: “Jurisdictional Issue Jeopardized Eight-Figure Verdict” which was published in the June 8th edition of the paper. The article talks about a jurisdictional issue related to BRT Management LLC v. Malden Storage, LLC, et al. and Payal points out that “legal technicalities are super important.”  Read the full article: Jurisdictional issue jeopardizes eight-figure verdict.

Real Estate Brokers May Get A Commission Even Without A Written Contract

The Massachusetts Supreme Judicial Court recently ruled that a real estate broker could obtain damages stemming from a breach of contract of an oral agreement, even where the broker did not produce the final closing.

Spring 2023 Newsletter

No Double Dipping: Putting the Brakes on Acceleration Clauses in Commercial Leases

A term in a contract, even if clearly stated, does not guarantee that a court will enforce it when a dispute arises between the parties. A recent decision by the Appeals Court on the issue of rent acceleration clauses may substantially affect commercial landlords and tenants.

February 2023 Newsletter

Payal Salsburg quoted in Mass Lawyers Weekly on Issues to Watch for in Business Litigation in 2023

Payal Salsburg is quoted in a Massachusetts Lawyers Weekly article, “Snap Judgements: Local Lawyers Offer Issues to Watch for in 2023” on December 30th:

In the area of business litigation, courts across the commonwealth will continue to grapple with applying the anti-SLAPP statute to dismiss claims that may be based on petitioning activity. Given the number of cases in the Superior Court and the Appeals Court in 2022 that deal with this issue, the SJC may have to again clarify the correct application of the standard first set out in Duracraft Corp. v. Holmes Prods., Corp. (1998), and subsequently augmented by 447 Harrison Ave., LLC v. JACE Boston, LLC (2019), and Blanchard v. Steward Carney Hosp., Inc. (2019).”