Darshana Indira Joins Laredo & Smith

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

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

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

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

Domestic Violence Leave Statute Allows Time Off for Brand New Employees

Employers should be aware of a new decision from the Massachusetts Supreme Judicial Court that defines two key concepts concerning the Domestic Violence and Abuse Leave Act (aka “DVLA” or the “Act”). The Act prohibits employers from taking adverse action against employees who take time off to address issues arising from domestic violence or abuse. In the new decision, the Court clarifies the definition of an “employee” for the purposes of DVLA and confirms how employees may assert their rights under the Act.

October 2021 Newsletter

 

Can Employee Actions Trigger Unexpected Liabilities?

Employer-employee relationships can be complicated, and sometimes strained relationships become liabilities that trigger lawsuits. This was certainly the scenario spurring a recent case, Governo Law Firm LLC v. Kendra Ann Bergeron & others. A group of employee attorneys from Governo Law Firm (“Governo”) stole firm-owned databases while still employed by the firm. They used those materials for their own benefit to start a competing law firm. This case teaches us some interesting things about liability under G.L. c 93A, §11— the Consumer Protection law that protects individuals and businesses from “unfair and deceptive” behavior in the marketplace.

June 2021 Newsletter

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

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

Employers Must Be Cautious When Taking Action Against Employees Who Vacation While on Medical Leave

Can a Massachusetts employer fire an employee who is on authorized medical leave but uses some of the time off to go on vacation? Not without risk. A recent case from the Supreme Judicial Court warns that employers must be cautious when dealing with employees whom they suspect to be abusing their medical leave benefits.

September 2019 Newsletter

Brendan Cox Named Of Counsel to Laredo & Smith

Laredo & Smith is pleased to announce the addition of Brendan S. Cox as of Counsel to the firm as of July 1, 2019. Brendan is a trial attorney who focuses his practice in business and employment law, as well as criminal defense.

Brendan litigates all aspects of the criminal process from probable cause hearings and arraignments through complex evidentiary motions and trial. He represents clients on a wide range of matters including minor misdemeanors through serious felonies. In his business practice, Brendan advises entrepreneurs and start-up companies across many industries. He advises on employment agreements, business law matters, contracts and intellectual property concerns. Often operating as virtual in-house counsel, Brendan guides clients through important strategic business matters. He takes start-up companies through the entity selection process, drafts founder agreements, develops operational policies and devises business game plans.

State-Administered Paid Family And Medical Leave Is On Its Way

All Massachusetts employers, regardless of the employer’s size, must begin putting into place mechanisms to implement the newly-passed Massachusetts Paid Family and Medical Leave Law, M.G.L. c. 175M (PFML).

The law provides paid leave benefits for W-2 employees of Massachusetts employers. It also provides benefits for 1099 contractors if they make up more than 50% of the employer’s total workforce (W-2 employees plus 1099 contractors) and unemployed persons so long as they have been unemployed for less than twenty-six (26) weeks and have met the earnings requirements. Much like unemployment benefits, the weekly paid leave benefit is calculated as a percentage of the worker’s earnings, up to $850 per week.

Read more in this month’s newsletter.

June Newsletter