To Infinity and Beyond: When a Business Contract is Incomplete

Parties who decide to do business with each other must be very careful to ensure that the agreement between them contains all the important terms, especially the duration of the contract over which the parties expect to be in business with each other. A recent case from the Massachusetts Appeals Court confirms that in situations where a contract does not have an express duration term, the parties’ intent and circumstances dictate the reasonable duration of the contract, and one party cannot terminate the contract at-will.

Fall 2024 Newsletter

Laredo, Smith & Kane’s Payal Salsburg Spoke on MCLE’s Live Webcast, “Federal Court Civil Practice 2024”

Laredo, Smith & Kane attorney Payal Salsburg spoke on Massachusetts Continuing Legal Education’s (MCLE) Nov. 14th webcast, Federal Court Civil Practice 2024: Demystifying Litigation in Federal Court. The program covered the basics of taking a case from its inception to trial in federal court and the considerations at play in deciding to bring an action in federal court. The challenges faced at the outset of litigation were also discussed, including preliminary injunctions and temporary restraining orders, the handling of discovery, dispositive motions, alternative dispute resolution, and trial.

Salsburg is a member of Laredo, Smith & Kane’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. Salsburg represents corporations, small businesses, and individuals in contract and business disputes, False Claims Act matters, State Ethics Commission inquiries, and government and internal investigations. She also advises closely held businesses on corporate and employment matters. Prior to joining the firm, 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).

MCLE is a non-profit corporation that aims to raise the caliber of lawyers’ professional and ethical service to their clients and communities by providing comprehensive and practical continuing legal education of the highest quality to the broadest possible audience.

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.

Four Laredo, Smith & Kane Attorneys Recognized by Boston Magazine as 2024 “Top Lawyers”

Laredo, Smith & Kane announces that four of its attorneys were selected by Boston Magazine for inclusion in the 2024 Top Lawyers list. The exclusive list honors the best attorneys in the region, from corporate to family law.

The four Laredo, Smith & Kane attorneys named to the list include:

●     Marc C. Laredo: Business Law

●     Payal Salsburg: Commercial Litigation

●     Jessica L. Conklin: Criminal Defense/White Collar

●     Darshana Indira: Labor and Employment

Boston Magazine’s annual Top Lawyers list is compiled through peer nominations. Attorneys are invited to nominate up to three of their peers in a select number of law specialties. Top vote-getters in each specialty are reviewed by an advisory board of select lawyers, chosen for their credentials and the high number of votes they received.

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 Earns Top Metropolitan and National Rankings in “Best Law Firms” 2025

Laredo, Smith & Kane received both high metropolitan and national rankings in the Best Lawyers® “Best Law Firms” 2025 edition. Law firms included on the “Best Law Firms” list are recognized for professional excellence and consistently strong ratings from clients and peers. Below are the firm’s complete rankings.

Metropolitan Tier 1 (Boston)

  • Closely Held Companies and Family Businesses
  • Commercial Litigation
  • Criminal Defense: White-Collar

Metropolitan Tier 2 (Boston)

  • Employment Law – Management

National Tier 3

  • Commercial Litigation

The Best Lawyers “Best Law Firms” rankings are determined by an exhaustive evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking in a particular practice area and metro region, a law firm must have at least one lawyer included in Best Lawyers in that particular practice area and metro.

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.

Matt Kane Featured in BBA’s “Meet the New Managing Partner” Spotlight Series

The Boston Bar Association caught up with Matt Kane to talk about his new role as incoming Managing Partner at Laredo, Smith & Kane.  They talked about his new role, advice to new lawyers in Boston and more.

BBA’s Meet the New Managing Partner – Laredo, Smith, & Kane’s Matt Kane – Boston Bar Association

Laredo, Smith & Kane’s Darshana Indira Joins Boston Bar Association’s Labor and Employment Law Section

Laredo, Smith & Kane announces that Senior Associate Darshana Indira has joined the Boston Bar Association’s (BBA) Labor and Employment Law Section.

Practitioners join the Labor & Employment Law Section to share and expand their expertise in labor and employment, labor-management relations, and employment discrimination. The Section also focuses on practices and procedures before state and federal agencies regarding labor in all cases arising from an employer-employee relationship.

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.

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 Appointed Co-Chair of Boston Bar Association Well-Being Advisory Committee

Laredo, Smith & Kane announces that Senior Associate Darshana Indira has been appointed to serve as co-chair of the Boston Bar Association’s (BBA) Well-Being Advisory Committee. Indira’s one-year appointment began in September 2024.

“The pressures of the legal profession can lead to isolation and burnout. Addressing the issues head-on is key to establishing a healthy balance that allows lawyers to thrive personally and professionally,” said Indira. “I’m proud to serve the members of the BBA and the Commonwealth as we work together to foster a culture of well-being across all aspects of the legal industry.”

The mission of the BBA is to advance the highest standards of excellence for the legal profession, facilitate access to justice, foster a diverse and inclusive professional community, and serve the community at large. The well-being of the Commonwealth’s lawyers is critical to meeting the aims of this mission. As a catalyst for change, the Well-Being Advisory Committee supports the well-being of lawyers through member programs and events.

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.

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.

 

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.

“Mayoral Bid Triggers Transition in Boston Firm’s Leadership,” by Mass Lawyers Weekly

Laredo, Smith & Kane was featured in a recent Massachusetts Lawyers Weekly article entitled, “Mayoral Bid Triggers Transition in Boston Firm’s Leadership.”  As Marc Laredo pursues a mayoral run in Newton, partners Matt Kane and Payal Salsburg step into leadership positions at the thriving law firm. Matt Kane will serve as the firm’s new Managing Partner beginning in January 2025.

Read the entire article to learn more about the firm’s well-thought out succession plan.

 

 

Laredo, Smith & Kane Attorneys Contribute to MCLE Book, Massachusetts Evidence: A Courtroom Reference

Laredo, Smith & Kane attorneys Matthew A. Kane and Payal Salsburg contributed as authors to the recently published Massachusetts Continuing Legal Education (MCLE) book, Massachusetts Evidence: A Courtroom Reference. The book was designed to be a comprehensive guide covering the admissibility of evidence for lawyers at every stage of their careers.

Chapter 9, Documentary Evidence, written by Kane and Salsburg, addresses issues that relate to the introduction of documentary evidence, including:

  • Authentication
  • The best evidence rule
  • Introducing documents into evidence
  • The hearsay rule as applied to various types of documentary evidence

Kane is a current member of the firm’s management team, and the incoming managing partner effective Jan. 1, 2025.  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.

As a business and litigation attorney and member of Laredo, Smith & Kane’s management team, Salsburg 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.

MCLE is a non-profit corporation that aims to raise the caliber of lawyers’ professional and ethical service to their clients and communities by providing comprehensive and practical continuing legal education of the highest quality to the broadest possible audience.

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.

Payal Salsburg Quoted in article: “Netflix’s ‘Varsity Blues’ Setback Puts Media On Watch”

Laredo, Smith & Kane partner, Payal Salsburg was quoted in a recent article covered by Law360. Payal discussed cases involving fair reporting privilege that were often determined at the summary judgment stage. She noted that there was no requirement that a documentary report both sides of an issue. But she did say the information Wilson provided to Netflix “can be used to show that Netflix had prior warning that maybe there wasn’t truth to this, and they proceeded anyway.” Regardless of how the Wilson suit plays out, Salsburg predicted more litigation if the hugely popular docudrama genre continues to blur or cross the line between fact and fiction.”People are really engrossed by docudramas and documentaries because of that dramatic tension. There is a fascination with dramatizing events,” Salsburg said. “I think these kinds of cases are going to come up a lot.”

We invited you to read the entire article using a Law360 subscription.