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).”

SuperLawyers: Paying It Forward

SuperLawyers featured our partner, Payal Salsburg, in a feature story for the Fall 2022 issue.

Entitled, “Paying It Forward, Why Payal Salsburg Averages Two Hours a Day of Volunteer Work”, we learn the amazing story behind Payal’s advocacy and volunteerism that benefits those who most need her help.

Payal shares her inspiring story, summing it up for us: “somebody pulled me up, so it’s time for me to pull other people up.”

 

The Business of Litigation Session Orders the Return of an Inadvertently Disclosed Draft Letter

Marc Laredo and Matthew Kane co-authored a Boston Bar Journal article published by the Boston Bar Association.  Entitled: “The Business Litigation Session Orders the Return of an Inadvertently Disclosed Draft Letter,” it discusses the recent ruling regarding what happens when an attorney inadvertently discloses a privileged document to the opposing side. Read the full article. 

 

Payal Salsburg Named to Boston Bar Association’s 2023 Beacon Awards Committee

Payal Salsburg is appointed to the steering committee of the Boston Bar Association’s 2023 Beacon Awards for Diversity, Equity & Inclusion. The Beacon Awards recognize individuals and organizations who are forging innovative paths toward a more diverse, equitable and inclusive profession and the greater legal community. The committee work to select honorees and also handle fundraising for the event.  The committee will select honorees for the following categories:

Empowerment Award: Awarded to a powerful advocate that works to create systemic change in the wider community by amplifying the voices of underrepresented groups and advancing civil rights, access to justice, and/or diversity, equity, & inclusion.

Voice of Change Award: Awarded to a luminary leader in the legal community who has forged a new path and has played an extensive role in advancing diversity, equity, and inclusion within the profession.

Corporate Champion: Awarded to an in-house legal department that has been a leader in internal or external projects and practices that promote a more diverse, equitable, and inclusive legal profession.

The 13th annual Beacon Awards for Diversity, Equity & Inclusion takes place in January 2023 at Artists for Humanity.

Jessica Conklin Appointed to White Collar Crime Conference Advisory Committee

Jessica Conklin was appointed to the Boston Bar Association’s 2022 Advisory Committee for its annual White Collar Crime Conference. Known for it’s top level speakers who are knowledgable practitioners and collaborators in this unique area of law, the event draws members of the white-collar defense bar, government prosecutors, in-house counsel, judges and corporate professionals. These professionals come together for the most up-to-date guidance, education and analysis of recent cases and best practices. For more information or to register, please visit the BBA’s conference website.

Marc Laredo Authors Massachusetts Law Review Case Comment

Marc Laredo authored a case comment entitled The Applicability of Chapter 93A to Intra-enterprise Disputes in the Wake of Governo Law Firm LLC v. Bergeron- Where Do We Go From Here?. that appeared in the  February 2022 edition of the Massachusetts Law Review.  In the comment, Marc discusses the Supreme Judicial Court’s 2021 opinion in Governo Law Firm LLC v. Bergeron, which potentially expands the applicability of chapter 93A (the Massachusetts unfair trade practices statute) to certain intra-enterprise disputes. Marc provides a brief history of chapter 93A, explaining how the courts, in a series of cases, had previously held that chapter 93A did not apply to employer-employee, shareholder, and other internal disputes before analyzing the Governo ruling and its implications for future disputes. Please read Marc’s case comment: Mass Law Review February 2022

Jessica Conklin Achieves ATIXA Certification for Title IX Hearing Advisors

Jessica Conklin completed the ATIXA certification program for Title IX Hearing Advisors. ATIXA is an independent not-for-profit corporation that serves as a professional association for school and college Title IX coordinators, investigators, and administrators that explores best practices, establishes industry standards, shares resources and advanced the worthy goal of gender equity in education.ATIXA Title IX Hearing Advisor Certification This ATIXA certification establishes the important understanding of Title IX resolution procedures.

Jessica’s experience includes establishing expectations surrounding both investigations and hearings, uncovering bias and conflict of interest concerns surrounding allegations of Title IX, as well as the full scope of cross-examinations and appropriate interactions with the hearing chair during this tenuous scenario.

Marc Laredo Authors Case Comment in Massachusetts Law Review

Marc Laredo authored a case comment for the Massachusetts Law Review’s August 2021 issue. The comment is entitled, “The Attorney-Client Privilege and the Work Product Doctrine in the Context of an Internal Investigation: Attorney General v Facebook, Inc., 487 Mass.109 (2021).”

In this comment, Marc covers when the attorney-client privilege and the work product doctrine allows an entity to shield information gathered in the course of the entity’s attorney-led internal investigations from discovery. The comment discusses the underlying facts and procedural history of the case, presents an overview of the attorney-client privilege and work product doctrine, reviews and analyzes the decision, and examines its practical implications for practitioners.

Mass Law Review Case Comment Aug 2021

 

Jessica Conklin Publishes Boston Bar Journal Article on the Criminal Justice Reform Act

Laredo & Smith senior counsel attorney Jessica Conklin authored and published an article in the prestigious Boston Bar Journal covering the Massachusetts Criminal Justice Reform Act. The act made sweeping changes in the areas of bail, juvenile justice, diversion from prosecution, and reentry services and established a statutory right to medical parole for all eligible inmates. The article covers the aspects of the Act and the current status of its use to date. We invite you to read the article in its entirety.