Author Info for Conn Kavanaugh

Russell Conn

No Case is Too Big to Notify a Claims-Made Insurer

A headline-grabbing case regarding race in the college admissions process at an elite university, appealed all the way to the United States Supreme Court, is the type of nightmare scenario that might inspire an educational… more

Appeals, College Admissions, Educational Institutions, Harvard University, Insurance Claims

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Andrew Dennington

Client Alert: Massachusetts Supreme Judicial Court Affirms That Violations of Prompt Pay Act Have “Meaningful Consequences” for All Participants in Construction Industry

Conn Kavanaugh’s construction law team recently achieved a successful result at the Supreme Judicial Court (“SJC”) in a decision that will have significant impact for the Massachusetts construction industry… more

Construction Contracts, Construction Industry, Construction Project, MA Supreme Judicial Court, Prompt Payment

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Christopher Fitzgerald

“Are There Any Allergies at the Table?”: A Question Coming to More Restaurants Near You

“Are there any allergies at the table?” This is a question you’ve probably been asked at a restaurant in recent years. The number of customers responding affirmatively appears to be growing. And for good reason: allergic… more

Breach of Warranty, Consumer Protection Laws, Food Allergies, Food Safety, Hospitality Industry

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Kurt Fliegauf

Small Business Loans Under the Coronavirus Aid, Relief and Economic Security (Cares) Act

On Friday, March 27, 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act became law. One of the key provisions of the CARES Act is the introduction of a new Paycheck Protection Program, which makes significant… more

Business Closures, Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans

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Ryan Forgione

Residential Construction Projects: After Construction (Part 3)

This article is part 3 of a series of articles discussing common considerations for homeowners before, during, and after a residential construction project. Part 3 focuses on what homeowners should look out for after… more

Construction Contracts, Construction Defects, Construction Industry, Construction Project, Document Management

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Thomas Gallitano

A Guide for Massachusetts Employers Concerning Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

The federal government does not have legal authority to prohibit private-sector businesses from engaging in lawful Diversity, Equity, Inclusion and Accessibility practices, or mandate their removal. On January 21, 2025, the… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Civil Rights Act, Diversity, Employer Liability Issues

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Sheila Giglio

How to Own Your Vacation Home

Do you own a vacation home? If yes, do you own it alone or with others? Are you thinking of buying a vacation home? Will you be inheriting a vacation home? Many of us fall in love with an existing vacation spot or the… more

Beneficiary Designations, Estate Planning, Estate Tax, Limited Liability Company (LLC), Property Ownership

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Barry Gold

Small Business Loans Under the Coronavirus Aid, Relief and Economic Security (Cares) Act

On Friday, March 27, 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act became law. One of the key provisions of the CARES Act is the introduction of a new Paycheck Protection Program, which makes significant… more

Business Closures, Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans

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Jeffrey Hernandez

Preparing Your Company for Increased Immigration Enforcement and ICE Raids

Under the current administration, immigration enforcement has significantly increased, with executive orders expanding the authority of Immigration Customs and Enforcement (ICE) to arrest and detain undocumented individuals… more

Audits, E-Verify, Employee Rights, Employer Liability Issues, Employer Responsibilities

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Erin Higgins

Lawyer impairment in the age of remote work

In response to the coronavirus pandemic, most lawyers spent at least several months working at home. Law firms are now opening back up, but many anticipate allowing their lawyers to continue to work at home at least some days of… more

American Bar Association (ABA), Coronavirus/COVID-19, Law Firm Associates, Law Firm Partners, Law Practice Management

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Brendan Kelley

It’s Confirmed: Massachusetts Noncompetition Agreement Act Excludes Non-Solicitation Agreements

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Miele v. Foundation Medicine, Inc. (SJC-13697) confirming that the Massachusetts Noncompetition Agreement Act (the “MNAA”) does… more

Contract Terms, Employee Benefits, Employee Rights, Employment Contract, Employment Litigation

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Alyssa Kelly

Prenuptial Primer

Many people associate the word “prenup” with celebrities or the rich and famous, and it’s possible that the only time a person has heard anything about prenuptial agreements is in music or the movies. The truth is that anyone… more

Asset Management, Child Custody, Divorce, Marital Assets, Marriage

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Laurel Koes

Alimony Refresher

Enactment of the “Alimony Reform Act” The “Alimony Reform Act” of Massachusetts (G. L. c. 208, §§ 48- 55) was enacted in 2012 and dramatically altered the spousal support/alimony landscape. Thirteen years later, it is… more

Alimony, Capital Gains, Child Support, Divorce, Family Law Courts

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Marc Lawlor

Three Things You Should Know About Service Level Agreements in SaaS/Cloud Contracts

When a customer purchases software-as-a-service (SaaS)–which is sometimes called a “cloud” service or product–the software is not hosted. It does not reside at the customer’s location or data center. Rather the software is… more

Breach of Contract, Cloud Computing, Contract Terms, Data Centers, Data Protection

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Julie Martin

Employer Beware: Do Your Due Diligence Before Embracing “Work from Anywhere”

It has been five years since the COVID-19 pandemic sent a large percentage of the American workforce into their homes to work remotely. Since that time, many employers have continued to embrace remote working even in instances… more

Compensation & Benefits, Employee Benefits, Employee Rights, Employer Liability Issues, Employer Responsibilities

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Justin McCarthy

The Importance of Estate Planning for Families

Everyone should have an estate plan. Your estate plan is the roadmap in a crisis, providing guidance to loved ones on how to proceed and ensuring your wishes and goals are met. For those with young children or children with… more

Beneficiaries, Durable Power of Attorney, Estate Planning, Guardianships, Healthcare

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Mary 'Beth' O'Neal

The New Rule is Better than the (Almost) Old Rule

The U.S. Department of Labor (the “DOL”) has issued a final rule to expand worker eligibility for overtime compensation under the Fair Labor Standards Act (“FLSA”). The new rule increases the salary thresholds required for… more

Bonuses, Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Kathleen O'Toole

Artificial Intelligence in Human Resources: A Guide for Business Leaders

This is the first in a series of three articles regarding AI in the workplace. The integration of artificial intelligence (“AI”) into human resources operations presents both unprecedented opportunities and significant legal… more

Algorithms, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Employer Liability Issues

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Scott Ofrias

“Hot” Tips for Internal Investigations

An increased government interest in rooting out corporate fraud, coupled with new theories of corporate and individual liability, have made state and federal investigations almost a way of life for large and small companies… more

Best Practices, Corporate Crimes, Corporate Governance, Department of Justice (DOJ), Fraud

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Ryan Paine

Understanding Mechanic’s Liens in Massachusetts: What Property Owners and Contractors Need to Know

Whether you’re a homeowner, contractor, or subcontractor working on a construction project in Massachusetts, it’s important to understand how mechanic’s liens work. This legal tool plays a key role in ensuring that those who… more

Construction Contracts, Construction Industry, Construction Liens, Contractors, Design Professionals

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Christina Pashou

How Might COVID-19 Affect Your Family Law Case?

March 30, 2020 The Novel Coronavirus crisis has changed our daily lives and continues to reshape the world regularly. In this time of unprecedented uncertainty, Conn Kavanaugh is here to answer your questions about how COVID-19… more

Alimony, Child Support, Child Support Modification, Coronavirus/COVID-19, Court Closures

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Thomas Peisch

ABA reminds us to play nice when lawyers leave

Monday morning for a firm’s managing partner brings a request from one of his partners for a sit-down. This is followed by an announcement from the partner that she is leaving the firm to open the Boston office of a larger… more

American Bar Association (ABA), Client Communication, Client Representation, Contract Termination, Joint Statements

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James Peloquin

COVID-19 Shutters Boston Construction Industry for (At Least) Two Weeks. What's Next?

In response to the public-health crisis caused by the spread of COVID-19, Mayor Walsh has ordered all construction activity halted in Boston, effective March 17, 2020. The order carves out exceptions for emergency utility… more

Boston, Construction Contracts, Construction Industry, Coronavirus/COVID-19, Force Majeure Clause

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Daniel Walsh-Rogalski

A Guide for Massachusetts Employers Concerning Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

The federal government does not have legal authority to prohibit private-sector businesses from engaging in lawful Diversity, Equity, Inclusion and Accessibility practices, or mandate their removal. On January 21, 2025, the… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Civil Rights Act, Diversity, Employer Liability Issues

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Michael Rossi

Spotting and Avoiding “Material Limitation” Conflicts of Interest

Some conflicts of interest are easy to spot. Most lawyers recognize, for example, that a lawyer cannot act as an advocate in one case against a person the lawyer represents in another case, even if the matters are unrelated… more

Attorney Malpractice, Client Representation, Conflicts of Interest, Legal Ethics, Professional Liability

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Victoria Russa, Esq.

New Developments in Family Law: An Overview of the Massachusetts Parentage Act

On January 1, 2025 the Massachusetts Parentage Act (“MPA”) took effect. The MPA updates and adds to Mass. General Laws c. 46 on “Return and Registry of Births, Marriages, and Deaths,” and Mass. General Laws c. 209C, commonly… more

Adoption, Child Custody, Family Law Courts, LGBTQ, New Legislation

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Derek Schaffner

Artificial Intelligence in Human Resources: A Guide for Business Leaders

This is the first in a series of three articles regarding AI in the workplace. The integration of artificial intelligence (“AI”) into human resources operations presents both unprecedented opportunities and significant legal… more

Algorithms, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Artificial Intelligence, Employer Liability Issues

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Emily Slaman

When Collusion Proves Costly: A Cautionary Tale on Potential Penalties for 93A Violations

What happens when an individual, to benefit their own employer, solicits confidential corporate information held by a spouse or partner? A damages award in the several millions may be the result. In BioPoint, Inc. v. Dickhaut,… more

Business Litigation, Confidential Information, Corporate Governance, Corporate Misconduct, Damages

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Carol Starkey

“Hot” Tips for Internal Investigations

An increased government interest in rooting out corporate fraud, coupled with new theories of corporate and individual liability, have made state and federal investigations almost a way of life for large and small companies… more

Best Practices, Corporate Crimes, Corporate Governance, Department of Justice (DOJ), Fraud

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Kaitlyn Stone

It All Started With A Mouse: What Happens When Iconic Characters Enter the Public Domain?

As one of the largest and most iconic entertainment brands in the world, the Walt Disney Company is most readily associated with two things: their main mascot, Mickey Mouse, and the fierce protection of their intellectual… more

Copyright Infringement, Copyright Litigation, Copyright Terms, Derivative Works, Disney

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Christopher Sweeney

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is Not Barred by the Statute of Repose

Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite injury… more

Architects, Breach of Contract, Commercial Insurance Policies, Construction Contracts, Construction Defects

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Kenneth Thayer

Massachusetts Appeals Court Expands Chapter 93A to Encompass Hotel’s Failure to Warn Guest of Non-Solicitation Policy

With each decision, the courts give shape to Chapter 93A. This is Attorney Thayer’s second article on such decisions. To read his July 2023 coverage, click here. In a surprising decision that heightens potential exposure… more

Appeals, Business Litigation, Consumer Protection Laws, Failure To Warn, Hospitality Industry

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Alexis Theriault

Will Your Homeowners Insurance Policy Provide Coverage for Everything That Could Go Wrong this Summer?

Memorial Day is approaching and, with it, the unofficial start of summer. Many minds turn to thoughts of cookouts, inviting friends over to swim in backyard pools, and evenings spent playing basketball games on driveways. Plans… more

Fireworks, Homeowner's Insurance, Homeowners, Insurance Industry, Liability Insurance

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James Wagner

Colleges and Universities May Be Liable to Intoxicated Students for Failing to Take Reasonable Steps to Protect Them From Harm

The Massachusetts Supreme Judicial Court (“SJC”) has created an actionable duty of care of colleges and universities to helplessly intoxicated students. On July 27, 2020, the court held that, where a college or university has… more

Actual or Constructive Knowledge, Civil Liability, Colleges, Duty of Care, Duty to Protect

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Kirsten Zwicker

How Might COVID-19 Affect Your Family Law Case?

March 30, 2020 The Novel Coronavirus crisis has changed our daily lives and continues to reshape the world regularly. In this time of unprecedented uncertainty, Conn Kavanaugh is here to answer your questions about how COVID-19… more

Alimony, Child Support, Child Support Modification, Coronavirus/COVID-19, Court Closures

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Conn Kavanaugh

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