March 6, 2019Posted on
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Snakes, St. Bernards, and Other Would-Be Service Animals

So, a man with a miniature pony walks into a bar. . . Sound like the beginning of a joke?  In any public place, it is no joke, and you might be liable for discrimination if you ask the individual to leave.  This is because dogs and miniature horses may qualify as service animals if they have been trained to perform a specific task related to an individual’s disability. Under Massachusetts law, only a dog qualifies as a service animal, and its owner must have a sensory or physical disability.  Federal law is broader.  It permits miniature horses to qualify as service animals, and their owner may have any kind of disability, including a psychiatric disability.  However, even under federal law, the animal must be “trained to perform a specific task.”  If the animal’s sole function is to provide emotional support and comfort to the disabled individual, it does not qualify as a service animal.  Such “emotional support” animals need not be permitted in public places, with the exception of planes and the common areas of housing developments.  How can you tell if the dog or miniature horse is a service animal?  In some cases, it may be obvious, and...
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October 30, 2018Posted on
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Cain Hibbard Adds Three Lawyers to its Litigation Group

October 30, 2018 Cain Hibbard has added three lawyers to its litigation group, bolstering its capacity in the areas of domestic relations, health law, intellectual property, and complex litigation. “We feel very fortunate to have found three terrific lawyers who wanted to make the Berkshires their home, and Cain Hibbard their firm,” said Lucy Prashker, Cain Hibbard’s managing partner. Kaitlin O’Brien and Taylor Ventre both have begun with the firm as first year associates based in the firm’s Pittsfield office. Melissa Stewart, who is based in the firm’s Great Barrington office, has joined the firm after having spent several years practicing with a large firm both in Boston, and in New York City.  “It’s great not just for Cain Hibbard and our clients, but for the Berkshires to have such a wonderful influx of talented young professionals; we could not be more pleased,” said Prashker. Kaitlin O’Brien, a native of Western New York, graduated magna cum laude from Allegheny College in 2015 with a Bachelor of Arts in History, and from Boston University School of Law in 2018. While at BU Law, Kaitlin served as a Writing Fellow, a board member of the Women’s Law Association, and a staff member on the...
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October 1, 2018Posted on
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New Non-Compete and Trade Secrets Laws in Massachusetts – What’s changed?

On October 1, 2018, Massachusetts law governing non-compete agreements and the protection of trade secrets changed.  While much remains unclear on how these new laws will be interpreted by the courts, here is what we do know: Non-compete Agreements The new noncompete law applies to all employees (and independent contractors) who are employed in or a resident of Massachusetts.  Under the new law, noncompete provisions in employment agreements: Are not enforceable against (i) hourly employees, (ii) undergraduate or graduate students employed as interns, or (iii) minors; Are not enforceable if an employee is terminated without cause; Must be in writing, be provided to potential new employees at least 10 days prior to the start of a job or before offering the job, and must expressly state that the employee has the right to consult with a lawyer prior to signing; Must include  additional consideration for the noncompete obligation other than “continuation of employment” for existing employees, and must provide those employees with the same 10 days’ notice and right to consult with a lawyer prior to signing; With limited exceptions, must be no longer than one year; Must be reasonable in geographic scope and reasonable in the scope of the...
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March 5, 2015Posted on
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Jared Kelly, litigator and business lawyer, joins Cain Hibbard

Cain Hibbard is pleased to announce that Jared T. Kelly, Esq. has joined the firm.  A native of California, Jared began his litigation career in Massachusetts in 2007. Since that time, Jared has practiced at two leading international law firms, where he handled complex litigation matters in a variety of areas, including contract, tort, securities, and intellectual property. In 2011, Jared became a Deputy District Attorney in California where he successfully tried several misdemeanor and felony cases. Jared was educated in Canada, securing his Bachelor of Science from McGill University and his legal degree from the University of Toronto. At McGill, Jared conducted research in the field of neuroscience and psychology, publishing two papers on the neurological underpinnings of nicotine craving. In law school, Jared led several international human rights endeavors, including producing documentary films in Sri Lanka and Zimbabwe and assisting the prosecutor for the Special Court for Sierra Leone. Jared has a varied practice whose work spans  intellectual property, employment law, health law, and domestic relations.  Jared is a member of the firm’s litigation group, with experience in state and federal courts, as well as governmental tribunals. Outside of work, Jared enjoys getting involved in community and environmental initiatives. He currently serves...
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January 7, 2015Posted on
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Client Alert: Massachusetts Maternity Leave Act expanded to include men and to provide additional protections to employees

On January 7, 2015, Governor Deval Patrick signed into law a Parental Leave Bill, amending the Massachusetts Maternity Leave Act (“MMLA”).  The MMLA had provided eight weeks of job-protected leave to female employees for the birth or adoption of a child.  The Parental Leave Bill expands this protection to include men and to provide certain additional protections. As amended, the parental leave law provides: Eight weeks of job-protected leave for the birth or adoption of a child, regardless of whether the employee is male or female. Eight weeks of job-protected leave for the placement of a child with an employee pursuant to court order. A presumption that employees taking parental leaves that exceed eight weeks are also entitled to job protection, unless the employer provides written notice to the employee that leave for longer than eight weeks is not job-protected.  That notice must be provided before the leave begins and again at the end of the eight-week period.  (This provision of the new law overrides a prior Supreme Judicial Court decision – Global NAPs, Inc. v. Awiszus – which held that job protection only applied to the first eight weeks of leave.) Two individuals who work for the same employer...
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