Laredo, Smith & Kane Attorney Brendan Cox Speaks on Direct Examination Workshop

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Laredo, Smith & Kane Attorney Brendan S. Cox served as a visiting faculty member for a Direct Examination Workshop conducted by the New Jersey Office of the Public Defender, February 18-19. Topics included effective direct examination techniques for client and non-client witnesses, handling objections, and client-centered, advocacy based storytelling through witness examination.

Cox is an experienced litigator and criminal defense attorney. A versatile advocate, he counsels businesses and individuals to build strong cases that provide maximum protection and minimize serious risks. He has extensive experience managing trial court matters for complex civil and criminal cases, as well as advising companies of all sizes on business litigation matters. Cox’s criminal defense experience includes litigating 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, life-changing felonies. In addition to managing a full caseload of trial court matters, Cox also serves as a business advisor to companies on a range of matters such as employment agreements, business law, contracts, and intellectual property concerns.

 

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.

Laredo, Smith & Kane Attorney Brendan Cox Serves as Faculty for MCLE Program, Handling an Assault & Battery Case

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Laredo, Smith & Kane Attorney Brendan S. Cox served as a faculty member on Massachusetts Continuing Legal Education’s (MCLE) March 25 webcast, “Handling an Assault & Battery Case: Evidence, Witnesses, Arguments,” during which attendees learned how experienced trial attorneys prepare their case from the day of arraignment.

From the major aspects of a trial from motions in limine to closings, Cox and fellow panelists explained the ins-and-outs of a District Court trial session, and guided participants through a case as if they were serving as jury. Topics included case theory, witness preparation, and legal strategy.

In addition, the recorded webcast is available for purchase here.

Cox is an experienced litigator and criminal defense attorney. A versatile advocate, he counsels businesses and individuals to build strong cases that provide maximum protection and minimize serious risks. He has extensive experience managing trial court matters for complex civil and criminal cases, as well as advising companies of all sizes on business litigation matters. Cox’s criminal defense experience includes litigating 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, life-changing felonies. In addition to managing a full caseload of trial court matters, Cox also serves as a business advisor to companies on a range of matters such as employment agreements, business law, contracts, and intellectual property concerns.

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.

Laredo, Smith & Kane’s Darshana Indira Serves on BBA’s 2025 Employment Law Conference Steering Committee, Will Moderate PFML Panel

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Laredo, Smith & Kane announces that Senior Associate Darshana Indira is serving on the Boston Bar Association’s (BBA) 2025 Employment Law Conference Steering Committee. The conference is scheduled for April 3, 2025, and will tackle pressing legal issues in the workplace, including the future of non-competes and DEI initiatives, employee misclassification in the gig economy, navigating the state and federal landscapes of employee leaves and accommodations, and understanding immigration compliance and employee protections.

During the conference, Indira will co-moderate the panel, “PFML Roadmap: From Request to Return,” which will provide up-to-date developments in the PFML, from both employee and employer perspectives. Topics will include the practicalities of leave requests and policies, returning to work with accommodations, and litigation developments.

Indira is an active BBA member and leader. She is a member of the Labor and Employment Section and Public Interest Leadership Program, and is a Steering Committee member for the Labor & Employment Section and Diversity, Equity, and Inclusion Section. She also serves as Co-Chair of the BBA’s Lawyer Wellbeing Committee.

As an accomplished employment and business lawyer, Indira advises company owners, organizational leaders, and C-suite executives across a broad spectrum of employment and commercial litigation matters. With a deep understanding of various industries, including pharmaceuticals, biotech, healthcare, and retail, her expertise spans both transactional and litigation work. Indira provides strategic counsel to businesses on the complexities of employer-employee relationships. She assists management and senior executives in navigating executive compensation, employment agreements, non-compete clauses, and severance negotiations.

In addition to her employment law expertise, Indira is a trusted advisor in business law. She works with startups and emerging companies in Massachusetts and other states, helping them form their entities, draft foundational documents, and establish employment agreements. As these businesses grow, she remains a key legal resource, assisting with any potential litigation or disputes they may face. Indira was named a 2025 Excellence in the Law: Up & Coming Lawyer by Massachusetts Lawyers Weekly.

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.

Laredo, Smith & Kane’s Matthew A. Kane Presents on BBA Webinar, “State and Federal Interlocutory Appeals In Massachusetts”

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Laredo & Smith & Kane announces that Partner Matthew A. Kane will present on the Boston Bar Association’s (BBA) webinar, “State and Federal Interlocutory Appeals In Massachusetts: What You Didn’t Know You Didn’t Know.”

The webinar will cover the procedural differences of interlocutory appeals, which are governed by an array of rules, statutes, and common-law doctrines. Kane and fellow panelists will discuss the potential mechanisms, applicable rules, practice tips, dos and don’ts, and common pitfalls, for securing appellate review of civil decisions before a full judgment on the merits. Designed for Massachusetts litigants, the program will cover both state and federal interlocutory appellate rules and practice – highlighting key similarities and differences between the two.

Kane is Laredo’s managing partner and a member of the firm’s management team. As a business litigation attorney, he focuses on business and commercial law. Representing banks, financial institutions, businesses, and individuals, Kane is a key member of the firm’s business litigation practice. He is known for his extensive experience in consumer finance, employment, construction, real estate, and general litigation. He is also particularly skilled in appellate advocacy, having successfully argued before the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court. His experience resolving banking and financial services litigation includes handling complex cases involving mortgage and title disputes, commercial workouts and collections, civil check fraud, and fair debt collection issues. Regularly appearing at all levels of state and federal courts across Massachusetts and Rhode Island, his firsthand advocacy experience couples with his strong appellate experience and strategic approach, making him a trusted advisor in the legal community. Kane serves on the BBA’s Business and Commercial Litigation Section Steering Committee.

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.

Independent Contractor Label Notwithstanding, MCAD Holds Small Business Liable For Employment Discrimination

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Earlier this year, the Massachusetts Commission Against Discrimination (MCAD) confirmed that small businesses may be subject to the anti-discrimination provision of Chapter 151B, even if the business claims to only hire independent contractors because it is the nature of the employment relationship that determines the MCAD’s jurisdiction and not the label chosen by the business. The commission confirmed that the anti-discrimination law applies to all businesses in Massachusetts with six or more employees even if the business happens to call them independent contractors.

In MCAD and Pavlov v. Happy Floors, Inc., a female worker alleged that her employer discriminated against her on the basis of sex and pregnancy in violation of Mass. Gen. Laws c. 151B, § 4(1). The flooring company maintained that it was not subject to MCAD’s jurisdiction because its workers were independent contractors, not employees. The Hearing Commissioner took evidence at a public hearing and determined, basedon an in-depth analysis of the nature of employment relationship, that the workers were in fact employees and not independent contractors.

In making that determination, the Hearing Commissioner focused on “the extent to which the employer has the right to exercise control over the employee’s work, not only to specify the final result, but also to supervise and direct the details and the means by which the result is achieved.” The Commissioner also considered (a) whether the work is of a type done under supervision or by a specialist working independently; (b) the skill required; (c) whether the employer furnishes the equipment and workplace, and bears the costs of operation; (d) whether payment is wages or salary for the time worked rather than profit or a set contractual fee on production of a final product or service; and (e) whether the parties have an ongoing relationship which may be terminated without notice or explanation by either party.

On appeal, the full commission also considered the independent contractor statute, Mass. Gen. Laws ch. 149, § 148B, which states that a worker is an employee unless all the following factors are met: (1) the worker is free from control and direction in connection with performing services; (2) the worker’s services are performed outside of the usual course of business of the recipient of the services; and (3) the worker is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. Under the second prong of this test, for example, a drywall installer working for a drywall company performing drywall installations cannot be properly classified as an independent contractor.

Construing the law liberally, the Hearing Commissioner found that Happy Floors employed flooring installers to do flooring installations, the company had a right to control the workers’ individual performance, the company provided tools and materials to the workers if they did not have their own tools, and the company required workers to wear company-branded tee shirts while on the job. On appeal, the full commission recognized that the Hearing Commissioner weighed the credibility of the testifying witnesses and conducted an in-depth analysis of the evidence, and thus affirmed the findings in their entirety.

This opinion from the MCAD is particularly instructive for small businesses in Massachusetts that employ six or fewer workers because they may be subject to employment-related claims before the MCAD despite only hiring (what they consider are) independent contractors.

Spring 2025 Newsletter

Laredo, Smith & Kane’s Darshana Indira Re-appointed to the MBA’s Nominating Committee

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Laredo, Smith & Kane announces that Senior Associate Darshana Indira has been re-appointed to the MBA’s Nominating Committee for the 2024-2025 association year. In this role, Indira and fellow board members are responsible for identifying, recruiting, and nominating candidates for board positions, ensuring good corporate governance and a diverse board composition. This is Indira’s second year being invited to serve in this important MBA role.

As an accomplished employment and business lawyer, Indira advises company owners, organizational leaders, and C-suite executives across a broad spectrum of employment and commercial litigation matters. With a deep understanding of various industries, including pharmaceuticals, biotech, healthcare, and retail, her expertise spans both transactional and litigation work. Indira provides strategic counsel to businesses on the complexities of employer-employee relationships. She assists management and senior executives in navigating executive compensation, employment agreements, non-compete clauses, and severance negotiations.

In addition to her employment law expertise, Indira is a trusted advisor in business law. She works with startups and emerging companies in Massachusetts and other states, helping them form their entities, draft foundational documents, and establish employment agreements. As these businesses grow, she remains a key legal resource, assisting with any potential litigation or disputes they may face. Indira was named a 2025 Excellence in the Law: Up & Coming Lawyer by Massachusetts Lawyers Weekly.

 

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.

Darshana Indira Quoted as Resource on Wage Act

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Employment lawyer, Darshana Indira, was quoted extensively in a recent Massachusetts Lawyers Weekly article entitled, “Employee gets green light in suit over regularly ‘late’ pay.” Darshana discusses what she sees as employer liabilities in connection with the Wage Act.

“Right now, companies need to be thinking about how they make compliance a top priority…. It’s clear that the courts are going to interpret the statute in a way that provides the most possible protection for workers.”

Laredo, Smith & Kane’s Payal Salsburg Serves as Guest Lecturer at UMass Law School

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Payal Salsburg, a Partner at the Boston law firm Laredo, Smith & Kane served as a guest lecturer at the University of Massachusetts School of Law on February 4, 2025. She presented, “Effective Engagement – Asking for Deadlines, Extensions, Timelines and Help,” to law students in Prof. Rontear Pendleton’s Field Placement Seminar.

Salsburg is a member of the firm’s management team. As a business and litigation attorney, 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 contract and business disputes, False Claims Act matters, State Ethics Commission inquiries, and government and internal investigations. Salsburg also advises closely held businesses on corporate and employment matters. Prior to joining Laredo, Smith & Kane, Salsburg was a litigator at a large international law firm, in its Florida and Boston offices. She is a sought-after speaker on many topics, including commercial litigation, ethics, and lawyer well-being. Salsburg is recognized for her deep commitment to volunteerism in the community. Her pro bono experience includes several successful CORI-sealing petitions, petitions for asylum, an appeal from an inmate on Florida’s death row, litigation, and appeal to assist a not-for-profit foundation, and invoking Hague Convention protection to return a child wrongfully removed to the United States by a parent. She was also a bar advocate for criminal matters at the Boston Municipal Court.

The University of Massachusetts School of Law is a public law school in Dartmouth, Massachusetts. The only public law school in the state, it is the successor to Southern New England School of Law, a private law school that donated its campus and its assets to the University of Massachusetts Dartmouth.

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.

Laredo, Smith & Kane’s Payal Salsburg Elected to Boston CASA Board of Directors for Seventh Year of Service

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Laredo, Smith & Kane announces that Partner Payal Salsburg has been elected to serve for a seventh year on the Boston Court Appointed Special Advocates (CASA) Board of Directors. She has served on the Board since 2018.

Salsburg is a member of the firm’s management team. As a business and litigation attorney, 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 contract and business disputes, False Claims Act matters, State Ethics Commission inquiries, and government and internal investigations. Salsburg also advises closely held businesses on corporate and employment matters. Prior to joining Laredo & Smith, Salsburg was a litigator at a large international law firm, in its Florida and Boston offices. She is a sought-after speaker on many topics, including ethics, inclusivity and lawyer well-being. Salsburg is recognized for her deep commitment to volunteerism in the community. Her pro bono experience includes several successful CORI-sealing petitions, petitions for asylum, an appeal from an inmate on Florida’s death row, litigation, and appeal to assist a not-for-profit foundation, and invoking Hague Convention protection to return a child wrongfully removed to the United States by a parent. She was also a bar advocate for criminal matters at the Boston Municipal Court (Central).

Boston CASA provides community volunteers who are appointed by judges of the juvenile courts in Suffolk and Middlesex Counties to serve as Guardians ad Litem (GALs) to advocate for the best interests of children and youth in the foster care system. Boston CASA promotes and protects the best interests of children and youth who have experienced abuse and neglect and trains and supports community-based volunteers who provide a voice to children in the court system so they may thrive in a stable environment.

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.

Laredo, Smith & Kane’s Darshana Indira Named “Up & Coming Lawyer” by Massachusetts Lawyers Weekly

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Laredo, Smith & Kane announces that Senior Counsel Darshana Indira was named a 2025 Excellence in the Law honoree by Massachusetts Lawyers Weekly in the “Up & Coming Lawyers” category. The “Up & Coming Lawyers” award celebrates the exceptional professional and community accomplishments of attorneys practicing for fewer than 10 years.

As an accomplished employment and business lawyer, Indira advises company owners, organizational leaders, and C-suite executives across a broad spectrum of employment and commercial litigation matters. With a deep understanding of various industries, including pharmaceuticals, biotech, healthcare, and retail, her expertise spans both transactional and litigation work. In her employment practice, Indira provides strategic counsel to businesses on the complexities of employer-employee relationships. She assists management and senior executives in navigating executive compensation, employment agreements, non-compete clauses, and severance negotiations.

Every year, Massachusetts Lawyers Weekly hosts the Excellence in the Law Awards to honor excellence throughout the legal community in the commonwealth for pro bono, firm administration, alternative dispute resolution, marketing, and paralegal work, and to recognize “Up & Coming Lawyers.” Indira will be honored at the annual Excellence in the Law event to be held at the Venezia Restaurant in Boston, March 18. The full list of honorees is featured here.

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.