Kenney & Sams, PLLC

?? ICYMI in Massachusetts Lawyers Weekly Delta flight beverage cart injury lawsuit time-barred: Connecticut statute of limitations applies over Massachusetts A U.S. District judge ruled that Connecticut’s two-year statute of limitations applied in a lawsuit against Delta Air Lines, dismissing the claims of a passenger injured by a runaway beverage cart. Despite the plaintiff’s connection to Massachusetts, Judge Margaret R. Guzman found Connecticut had a more significant relationship to the case. ?? Kenney & Sams, PLLC’s attorney, J. Nathan Cole highlighted the importance of evaluating choice-of-law issues early, especially in transportation-related cases where the departure and arrival states can heavily influence applicable law. “Choice-of-law rulings can make or break a case,” Cole said, emphasizing the necessity of strategic consideration at the outset. He also noted the trend of judges applying negligence statutes of limitations when claims involve a breach of duty rather than a specific contract. Read article: https://lnkd.in/e8DiQidK #LegalInsights #AviationLaw #PersonalInjuryLaw #StatuteOfLimitations #TransportationLaw #TrialLawyers

?? Important FMLA Update ?? The U.S. Department of Labor has clarified that employees may be eligible to use FMLA leave to participate in clinical trials, even for experimental or placebo-based treatments. This new opinion letter reinforces the broad definition of “treatment” under the FMLA. For employers and employees navigating these requests, understanding your responsibilities and rights is essential. Kenney & Sams’ employment attorneys are here to help you stay informed and compliant. ?? Read more in Laura Raisty's latest article: https://buff.ly/JlFawxG #EmploymentLaw #FMLA #ClinicalTrials #HRCompliance #WorkplacePolicy

?? Great to look back at the IADC 2025 Mid-Year Meeting in Dana Point, CA, where K&S Partner J. Nathan Cole had the opportunity to present on the panel "Winning the War for Talent: Finding, Developing, and Keeping Future Firm and In-House Leaders." Nate was honored to share the stage with Kersten Holzhueter of Spencer Lane and Kendria T. Founder of TG8 Solutions Insight, as they discussed strategies for attracting top legal talent, fostering growth, and ensuring long-term success for firms and in-house teams. Thanks to everyone who attended and contributed to the conversation! #IADC #Leadership #LegalTalent #ProfessionalDevelopment

?? NEWS FLASH Attn: Contractors and Construction Companies – We’re UPDATING Our Update By: Mike Sams, Esq., John G. Hofmann Esq. Governor Healey’s Executive Order Promotes Use of Project Labor Agreements (PLAs) for Certain State Construction Projects Following closely on the heels of signing a major economic development bill, in November 2024 — which Kenney & Sams discussed here — on March 11, 2025, Governor Healey issued an Executive Order that goes further in promoting the use of Project Labor Agreements (PLAs) for certain, large-scale, public works construction projects. ?? Read article: https://lnkd.in/emnxChJ4

?? Construction Law & Contracts: What You Need to Know NOW ?? From shifting trade policies to evolving immigration laws, the construction industry is navigating a fast-changing legal landscape. Join Brittany Darcy and Anthony Fioravanti of Kenney & Sams, PLLC for a critical discussion about how recent executive orders may impact construction contracts, workforce availability, and environmental and energy regulations. Live Online ?? Wednesday, March 19 | 3:00 PM - 4:00 PM ?? Learn best practices for contract negotiation in light of new tariffs ?? Understand the legal impact of stricter enforcement of immigration policies on labor shortages ?? Prepare for changes in environmental and green energy regulations ?? Navigate government contract uncertainties Don't miss this – stay ahead of the legal shifts affecting your clients and projects. Register today! ?? https://lnkd.in/eg29VJuf #ConstructionLaw #Contracts #Immigration #Tariffs

MCLE New England Webcast: What Employers Can & Cannot Ask HR professionals, legal counsel, and business leaders—do you know what questions are permissible throughout the employment lifecycle? From job postings to exit interviews, understanding the legal boundaries of employment inquiries is essential for compliance and risk management. Join Massachusetts Continuing Legal Education, Inc. (MCLE│New England) for a comprehensive webcast covering: ?? What employers can and cannot ask in hiring, performance management, and offboarding ?? Key legal considerations for job postings, interviews, medical disclosures, and restrictive covenants ?? Best practices to avoid costly legal missteps ?? March 25, 12-2 PM Led by experienced employment law practitioners Michelle De Oliveira (Kenney & Sams, PLLC) and Monica Shah (Zalkind, Duncan & Bernstein LLP), this session will equip you with the insights needed to navigate employment law with confidence. ?? Register now: https://buff.ly/N5tdq1g #MCLENewEngland #EmploymentLaw #HRCompliance #HiringBestPractices #LegalGuidance #WorkplacePolicies

Employers Do Not Need To Meet A Heightened Standard Of Proof To Establish That An FLSA Exemption Applies By: Michelle De Oliveira In a unanimous decision, the United States Supreme Court held, in “E.M.D. Sales, Inc. v. Carrera”, that employers are not required to meet a heightened standard of proof to establish that a Fair Labor Standards Act (FLSA) exemption applies. Rather, employers need to meet a lower preponderance of the evidence standard, the default standard of proof in most cases. Read the article: https://buff.ly/r12MfXR #EmploymentLaw #FLSA #Legal

??Did You Know There Is A Statute That Governs A Home Improvement Contract Between Homeowner And Contractor… And There Are Recent Statutory Changes By: Mike Sams, Esq., John G. Hofmann, Esq. The legislature enacted the Home Improvement Contractor (“HIC”) statute, G.L. c. 142A, on July 1, 1992. At the time, there was a perception that too many home improvement projects were ending in disagreement as the result of confusion in what the parties agreed to in their contract. Many contracts were oral and did not clearly identify the work to be completed, the price for the work, or payment deadlines. In response, the HIC statute sets out rigid guidelines for parties to follow when contracting for home improvements with the intent being to protect homeowners. In addition, the statute created the Residential Contractor’s Guaranty Fund, and provided for administrative and other penalties for violation of the HIC statute. Read more: https://buff.ly/CVLLtxU #legal #contractor #construction

?? Securing Payment on Public Construction Projects: The Power of Bond Claims By: M. Matthew Madden, Jr. Payment bond claims are essential in ensuring subcontractors and suppliers get paid for their work on public construction projects. In Massachusetts, the Payment Bond Statute (G.L. c. 149, § 29) plays a critical role—especially since mechanics' liens can’t be filed on public property. https://buff.ly/3Xkl1ck Key takeaways: ? The statute applies to public projects valued at $25K+ ? Subcontractors at any level can recover under the bond ? Notice and timing requirements are crucial (65-day deadlines and one-year filing windows apply) ?? A recent federal case (U.S. v. Hirani Engineering) shows how timely and compliant bond claims can significantly impact recovery. The court awarded nearly $2.6M—far exceeding the contract cap—because the subcontractor followed proper bond claim procedures. Why it matters: ?? Timely filing = better protection ?? Understanding legal nuances can maximize recovery ?? Bond claims provide an extra layer of financial security ?? Have you had experience navigating payment bond claims on public projects? Let’s discuss how these protections have impacted your projects. #ConstructionLaw #PaymentBonds #PublicProjects #MassachusettsLaw #ConstructionIndustry #BondClaims #Contractors #Subcontractors

??? New Episode of Trial Think – "Trying Your First Case" In the latest episode of "Trial Think", Kenney & Sams, PLLC’s J. Nathan Cole sits down with partners Greg Vanden-Eykel and Alexander R. Zwillinger to discuss what it’s like to first-chair a jury trial. From handling complex employment and construction litigation to navigating the courtroom for the first time, Greg and Alex share firsthand experiences, key takeaways, and practical advice for trial readiness. Greg dives into a recent high-stakes disability discrimination case involving a national healthcare provider—resulting in a successful defense verdict. Meanwhile, Alex talks about balancing construction and commercial litigation and the mindset needed to step confidently into the courtroom. Whether you’re an associate preparing for your first trial or a seasoned attorney looking for fresh perspectives, this episode offers valuable insights into the realities of trial work. ?? Listen now on your favorite podcast platform. https://buff.ly/4kcbyxw #litigation #legal #lawfirm #lawyers