Payal Salsburg Quoted in Bloomberg Law Article Covering Anti-SLAPP Laws

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Payal Salsburg was quoted in an article entitled, “Broken State Speech Shield Unites Courts, Lawmakers Seeking Fix” which was published by Bloomberg Law in April. The article covers a recent request by Massachusetts lawyers, judges and law makers for clarity on the application of a law that protects First Amendment rights. The article explains that Anti-SLAPP laws create a pathway for courts to quickly remove meritless lawsuits seeking to intimidate people exercising their First Amendment rights. Payal, a business litigator, comments on how people are using the law as opposed to how it was intended: “the law was meant to be used as a shield, but people are using it as a sword.”

Read the full article: Bloomberg Law: Broken State Speech Shield Unites Courts, Lawmakers Seeking Fix

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

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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).”

Darshana Indira Joins Laredo & Smith

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Laredo & Smith is pleased to announce the firm has added Darshana Indira as a Senior Associate to the firm. Darshana is an employment and business lawyer advising company owners, organizational leadership and c-suite executives in a broad range of employment and commercial litigation matters. In her employment practice, Darshana handles both transactional and litigation matters spanning issues related to the complex employer-employee relationship. With an ability to quickly understand client needs and industries, Darshana’s work spans many sectors, including pharmaceuticals, biotech, healthcare, and retail.

Firm Managing Partner, Marc Laredo states, “Darshana is an excellent addition to our team. She has critical trial experience, including the full range of litigation preparation, discovery, depositions and smart case analysis.”

Laredo & Smith Lawyers Named to 2023 Best Lawyers List and Ones to Watch

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Four Laredo & Smith’s partners Matt Kane, Marc Laredo, Mark Smith and Payal Salsburg are selected by their peers for inclusion in the 2023 edition of The Best Lawyers in America©. Senior Counsel Jessica Conklin is named to the Best Lawyers: One to Watch© list.

Matt Kane is selected for his work in Commercial Litigation again this year, an area he is named for annually since 2017. Matt represents banks and other financial institutions, businesses and individuals in an array of business law matters and disputes concerning consumer finance, employment, construction, real estate and general litigation as part of the firm’s business litigation practice. He also has considerable experience in consumer financial services litigation, including mortgage and title litigation, civil check fraud, and fair debt collection matters.

Marc Laredo is selected again this year for his work in both Commercial Litigation and Employment Law/Management. Marc represents clients in disputes among owners of closely held businesses and a wide array of other business litigation matters including commercial contract cases, business torts, employment and non-competition litigation, government investigations and construction cases. Additionally, Marc serves as counsel to closely held businesses, advising them on issues such as the initial formation and maintenance of the business entity, contract and employment matters, crisis situations and exit strategies.

Payal Salsburg is selected this year for her work in Commercial Litigation and Criminal Defense: White Collar. She focuses her practice in the areas of business litigation, corporate advice and counsel, and white collar criminal defense. She represents corporations, small businesses and individuals in connection with an array of matters including contract and business disputes, False Claims Act litigation, and government and internal investigations.

Mark Smith is selected again this year for his work in Criminal Defense: White Collar. He is also recognized for work in Commercial Litigation, Closely Held Companies and Family Business Law. Mark is retained by businesses and individuals during all stages of criminal and other government enforcement actions. National law firms also choose Mark to handle a wide range of Massachusetts-specific litigation and regulation matters as outside counsel on behalf of their clients.

Jessica Conklin is selected to the Ones to Watch list this year in the area of Commercial Litigation and Criminal Defense: White-Collar. Jessica concentrates her practice in white collar criminal defense, government investigations, and school disciplinary hearings. Jessica counsels clients on a variety of matters ranging from healthcare compliance and audits to government investigations.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and they received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. Lawyers are not allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

Dot Your I’s and Cross Your T’s Before Terminating an Employee

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Employers in Massachusetts should be aware of a recent case out of the Supreme Judicial Court that cautions employers to ensure that before terminating any employee, full payment is made for all unpaid wages on or before the date of termination. A failure to do so may subject the employer to multiple damages under the Massachusetts Wage Act.

June 2022 Newsletter

Employers Cannot Terminate Employees Merely For Filing a Rebuttal in Their Personnel File

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Early last year, the Massachusetts Appeals Court affirmed a controversial ruling that an employer could terminate an at-will employee for exercising the right to file a rebuttal in their personnel file. Employers should be aware that the Supreme Judicial Court has since reversed that ruling in Terence Meehan v. Medical Information Technology, Inc., protecting the rights of employees to file rebuttals without the threat of termination.

February 2022 Newsletter

Matthew Kane Publishes Massachusetts Law Review Case Comment About Anti-Raiding Provisions

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Partner Matthew Kane authored a case comment in the Massachusetts Law Review. The article is entitled Civil Law: SJC Contextualizes Anti-Raiding Provisions Automile Holdings LLC v. McGovern, 483 Mass. 797 (2020).  In this article, Matt outlines useful guidance with respect to two areas of uncertainty under Massachusetts Law: 1.) whether and under what circumstances restrictive covenants that prohibit the solicitation of a company’s employees night be permissible and 2.) whether and when a trial judge may extend a restrictive covenant beyond its plain terms as a remedy for breach in the content of the sale of a business. Throughout his comments, Matt outlines the Automile case’s valuable lessons for litigators and transactional attorneys alike.

Mass Law Review Automile Case Comments

Marc Laredo & Payal Salsburg Speak on Transfer of Ownership in Privately-Held Business

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Marc Laredo and Payal Salsburg are speakers for an upcoming Boston Bar Association Virtual CLE program entitled, “Planning for the Transfer of Ownership and Operating Control of a Privately-Held Business from One Generation to the Next.”  The program will focus on planning for the transfer of ownership and operating control of a privately held business from one generation to the next. The panelists will emphasize the importance proactive lawyers who advising clients in the areas of Corporate, Estate Planning, Real Estate, Employment, Tax and Ethics.  Marc will discuss corporate law issues, including the fiduciary duty of stockholders in privately held companies. Payal will cover ethical issues related to the complex transitions. This virtual program takes place on Thursday, April 29th from 3-5pm.

Laredo & Smith Named to 2021 “Best Law Firms” List

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Laredo & Smith, LLP is pleased to be named a regional Tier 2 firm in Massachusetts for Commercial Litigation by U.S. News – Best Lawyers® “Best Law Firms” in 2021.

Firms included in the 2021 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

 

Can An Employee Be Fired For Rebutting A Negative Review? Maybe.

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A new decision from the Massachusetts Appeals Court has called into question the breadth and scope of an employee’s right to rebut negative information put into her personnel file by an employer.

Under G.L. c. 149, §52C, if an employee disagrees with the employer regarding negative information being added to her employee file, the employee has a statutory right to have her side of the story included in the file by way of a rebuttal. In doing so, the employee is able to protect herself by ensuring that the information contained in her file includes both sides of the dispute. On January 20, 2021, however, the Massachusetts Appeals Court held in Meehan v. Medical Info. Tech., Inc. that an employee may be fired for filing a rebuttal under the statute.

February 2021 Newsletter