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Prepare for the Unexpected

Jack Ferriter says it’s never too early to talk to an attorney

Jack Ferriter says it’s never too early to talk to an attorney about a healthcare proxy and living will.

Medical decisions aren’t always cut and dry. The way Jack Ferriter sees it, why entrust them to just anyone?

“A healthcare proxy is someone who stands in your shoes to make medical decisions for you, but only if you’re unable to make those decisions,” said Ferriter, who practices business and estate law at Ferriter Law in Holyoke.

The term ‘healthcare proxy’ also refers to the document that specifies who will make those critical decisions for an individual if they can’t make them on their own — for instance, in a medical emergency that has them unconscious or otherwise incapacitated.

For instance, Ferriter explained, “if a surgeon says, ‘do you want this operation?’ and you can shake your head to say ‘yes’ or ‘no,’ the doctor will go with your answer. But if you’re unable to make that decision — or even if you’re unwilling, if you say, ‘I don’t know; please ask my wife, who’s my healthcare proxy’ — then the surgeon would ask your healthcare proxy whether you should have the operation.”

A 2017 study in the journal Health Affairs revealed that one-third of Americans have a healthcare proxy, which is far too low, say estate-planning attorneys and doctors.

“When somebody comes in here and they’re asking for an estate plan, we will always include a will, a power of attorney, and a healthcare proxy and a living will,” Ferriter told BusinessWest. “Everyone should have them. It’s not just for people 65 and older. Anybody could get hit by the proverbial bus and need somebody else to make medical decisions with a healthcare proxy, or financial decisions with power of attorney.”

In a recent blog post, Springfield-based law firm Bulkley Richardson noted that it examined whom its own clients had named as their healthcare proxies, and found that, not surprisingly, a spouse was most common, followed by an adult child.

“Where a child was named, gender, birth order, and whether the child was the parent’s ‘unofficial favorite’ often did not seem to matter,” the firm noted. “Geographic proximity to the parent signing the document, emotional maturity, and perceived alignment with the parent’s preferences seemed to determine who was named.  If a child was in a medicine-related profession, that was often a major factor in the selection.”

“Anybody could get hit by the proverbial bus and need somebody else to make medical decisions with a healthcare proxy, or financial decisions with power of attorney.”

Ferriter recommends that clients name two people — a primary and secondary healthcare proxy — because the designation comes into play at urgent and unexpected times.

“If it’s 2 in the morning and the surgeon is trying to reach your healthcare proxy and doesn’t have the right number, or has a home number that’s going into a machine and needs an answer, or if somebody’s out of the country, it’s always good to have a secondary healthcare proxy so the surgeon can call the secondary one and say, ‘should we do this operation or not?’”

He recommends that cell-phone numbers are used, not landlines, but even then, ringers are sometimes turned off, or phones lose their charge, and no one wants the wrong person to make life-and-death decisions because of a dead battery.

Wishes Granted

In addition to the healthcare proxy, Ferriter recommends clients prepare a living will as well.

“You go down the list and check off or initial each line — you do not wish to be resuscitated, you do not wish to be artificially fed, you do not wish to be artificially kept alive,” he noted.

However, the living will in itself is not a binding legal document in Massachusetts (however, it is in Connecticut and some other states). So why prepare one? Perhaps its greatest value comes in the guidance it gives one’s doctors and healthcare proxy.

“I find it’s a good guide for your conversation with your healthcare proxy and with your family. You go down the list and say, ‘here’s what I want, here’s what I don’t want, and even though this is not legally binding in Massachusetts, I just want you to know so that, if you are making the decisions for me, you’ll have my answers ahead of time.’”

And for those who worry about the finality of the living will, Ferriter pointed out that language on the form states that the living will is to be followed only if there’s no reasonable chance of recovery.

“I know these questions are kind of scary. If you’re 55 years old and it says ‘do not resuscitate,’ you’re afraid that if you walk out my front door and have a heart attack, they’re not going to resuscitate you. But they would, because it says ‘only if there’s no reasonable chance of recovery.’ So if you’re 105 years old in a nursing home and your heart stops, they’re probably not going to paddle you. But if you’re 55 years old and you have a heart attack outside a lawyer’s office, I’m sure they would absolutely paddle you, and wouldn’t even ask anybody.”

A third document related to critical-care decisions that has emerged in recent years is the MOLST document, which stands for medical orders for life-sustaining treatment. And, unlike a living will, MOLST is absolutely a binding document.

“MOLST differs from the most common type of palliative-care planning — advanced directive orders, which usually include a living will or other expression of wishes. Those orders generally designate a surrogate decision maker, or healthcare proxy, to act on behalf of an incapacitated patient,” the Massachusetts Medical Society (MMS) notes.

“Living-will instructions — when presented by a healthcare proxy — are generally recognized as evidence of patient preferences, but are not recognized by Massachusetts law. In contrast, a completed MOLST form travels with the patient at all times, may be faxed or reproduced, and is an official part of a patient’s medical record.”

Ferriter noted that the MOLST isn’t technically a legal document, but a medical one.

“We don’t do them here in the office because the medical orders are done with a physician or a medical professional. Those are your orders, and those are binding in Massachusetts because you’ve had advice from a physician.”

But MOLST is not typically a document prepared absent an impending, planned event, like, say, open-heart surgery.

“Typically, they happen if you are going into the hospital for some kind of serious procedure. My experience is that physicians don’t offer to do medical orders with their patients, but if you ask for them, they’ll do them, and if you’re going in for a serious operation, they may bring it up at that point,” Ferriter said. “You can’t sit at home and fill out medical orders by yourself because you’re not making an informed decision. And it’s usually your primary-care doctor who does it — someone who knows you well — even though the surgeon is doing the surgery.”

MOLST covers resuscitation efforts, breathing tubes and ventilation, artificial nutrition and hydration, and dialysis, the MMS notes.

“MOLST has priority over the healthcare proxy, because it’s your actual wish, as if you had shaken your head ‘yes’ or ‘no’ at the time of the actual procedure,” Ferriter said.

Don’t Put It Off

While many people will never have need of a MOLST, he went on, it’s hard to argue that they won’t need the other documents at some point — and the sooner, the better.

“We tell clients that as soon as you get married or buy a house, have a child, or even graduate from college, it’s not that expensive to do a will, power of attorney, healthcare proxy, and living will,” he noted. “For a single person, it’s less than $300, and for a couple, it’s less than $500.

“A lot of times, older couples will come in upon retirement,” he went on. “Most of the time, they had a previous version of these documents, but things have changed. They had it done in their 30s and 40s, now they’re in their 60s, so we update those.”

Individuals or couples with children will also want to include guardianship documents and perhaps establish a trust in case neither is around to care for them.

“When I have people in their 30s and 40s come in, it’s usually because one of the parents has passed away, or maybe a grandparent has passed away. There’s usually something that pushes them to come in,” Ferriter said, adding that, in truth, it shouldn’t take a big life change to start thinking about who will make important decisions in case crisis strikes.

When folks come in to get their estate plan done, I tell them, ‘you should sit around a dining room table with your family and have a frank coversation about what you want. It can be a difficult conversation, but it’s always better to have it at the dining-room table than around a hospital bed.’”

Joseph Bednar can be reached at [email protected]

Law

Hazy Picture

Just as the business and legal communities in Massachusetts were learning to deal with medical marijuana, voters kicked the door wide open in 2016 by legalizing the drug for recreational use, too. That created a tangle of issues to work out, from how to handle employees that use the drug outside work to launching a cannabis business in the face of federal law that calls the practice illegal. Some of those issues have been sorted out, but others still hang in the air, like so much smoke.

When it comes to the relationship between employers and medical marijuana, few names are as important as Cristina Barbuto.

She’s the woman who filed suit against her employer, Advantage Sales and Marketing, three years ago after being fired — after her first day on the job — for using marijuana outside of work. She was required to take a drug test, and told the employer before the test that she would fail, because she used marijuana at home to help manage her Crohn’s disease.

A supervisor said that wouldn’t be a problem, but Barbuto was dismissed from the job the next day when the drug test came back positive for marijuana. The reason? While medical marijuana was legal in Massachusetts at the time, it was still illegal under federal law.

Her complaint eventually made its way to the state Supreme Judicial Court, which affirmed her right to use medical marijuana outside work on the grounds that forbidding her — as long as she wasn’t impaired on the job — constituted disability discrimination.

“If somebody qualifies as a disabled person and they’re seeking an accommodation, the employer has an obligation to engage in a process with that person and provide a reasonable accommodation that allows them to do their job, unless they can show the accommodation would cause them an undue hardship,” said Pat Rapinchuk, a partner with Robinson Donovan in Springfield. She noted that a subsequent suit by a man denied access to a homeless shelter for his medical-marijuana use came down on the plaintiff’s side as well, on the same grounds as the Barbuto suit.

“But then comes the recreational piece,” she said. “And that’s completely different.”

Indeed, with recreational use of marijuana having been legal in Massachusetts for a much shorter time, case law has not established similar rights for such users, she noted.

“Right now, I would say the recreational marijuana user does not have the protections a medical user does,” Rapinchuk said. “You start with just the basic premise of no substances in the workplace — no alcohol, no drugs. That part’s easy. But what if I used it last week on my own time and my employer drug tests for whatever reason, and I test positive, and I don’t have a medical reason for it? Can the employer either decline to hire me or even terminate me? And I think the short answer right now is ‘yes.’”

In one case that has garnered some media attention, Bernadette Coughlin, a food service supervisor for Sodexo, was fired after being injured in a fall at work. The company required a drug test following an injury, and she tested positive for marijuana, which she admitted she used recreationally at home a few days before. She was fired, and is fighting the termination in court — but might have an uphill battle, Rapinchuk said, because she doesn’t have the disability claim that Barbuto did.

From left, Bulkley Richardson attorneys Scott Foster, Sarah Willey, Mary Jo Kennedy, Ryan Barry, and Kathy Bernardo take part in a recent cannabis panel.

From left, Bulkley Richardson attorneys Scott Foster, Sarah Willey, Mary Jo Kennedy, Ryan Barry, and Kathy Bernardo take part in a recent cannabis panel.

“You’d have to find another route to challenge that,” she added, noting that one possibility is challenging the drug test itself as an invasion of privacy. “Some courts have found such a test to be invasive, and a violation of an employee’s privacy. If they found out otherwise, like through social media, that might pass muster.”

If all this sounds amorphous, it is, Rapinchuk said, and is a field of employment law that is definitely evolving. Drug tests can detect THC, the psychoactive agent in marijuana, for days, even weeks after someone smokes or ingests it, and no tests exist to gauge whether the user is currently impaired. That leaves employers with plenty of hard questions about how they want to handle this new frontier.

Growing Concerns

But that’s not the only area of the law currently evolving in the face of legalized marijuana.

Perhaps the most significant wrinkle in marijuana law, Scott Foster says, is that it’s legal in the state but illegal federally. That drives many of the odd situations people find themselves in when they start a marijuana business, and it’s why Bulkley Richardson, where Foster works as a partner, recently launched a dedicated cannabis practice.

As one example, a marijuana business cannot use most banks.

“It’s considered to be money laundering on a federal level to run marijuana money through the banking system,” he explained. “You can’t use an ATM, you can’t use a credit card, and you can’t take the proceeds from the sale of marijuana and deposit it at a bank if they know it’s marijuana funds.”

There are two exceptions: Centurion Bank and Gardner Federal Credit Union. “We literally have marijuana clients driving $50,000 to $100,000 in cash to Boston in armored cars to deposit it at [Centurion],” Foster said, adding that the bank’s fees for the service are astronomical. “The bank is basically taking a business risk. I don’t know if it’s a good risk or bad risk, but no other big banks are taking the chance because the penalties would be devastating to them. Centurion is willing to take the chance.”

Meanwhile, people buying real estate as part of a new business typically finance 60% to 80% of the cost, he noted, but banks can’t lend for this purpose any more than they can take deposits.

“So what you end up with is a lot of very wealthy people playing in this space because you can’t finance it. You’ve got millions and millions of dollars being poured into these ventures that are growing, and nobody hears about it because it’s all private financing. That’s another area where it looks like a normal business until you ask, ‘where’s the money coming from?’”

Then there’s intellectual-property law. Most new businesses federally register their trademarks, but that’s not available for any branding involving marijuana products. “You can come up with this great brand name, this great logo, and you can’t protect it federally,” Foster said. “So now we’re going back to the state system, which does exist in Massachusetts. There is a way to protect trademarks at the state level that, until the marijuana business, nobody had done for 100 years.”

As he and Kathy Bernardo, another Bulkley partner on the cannabis team, spoke with BusinessWest, it became clear why the new practice group includes lawyers that specialize in myriad disciplines.

The disconnect between state and federal law shows up in taxation as well. Foster brought up a quirky section of the tax code that came about after the IRS went after a cocaine dealer in the Midwest for tax evasion, so the dealer filed a tax return that wrote off expenses like security and armored cars. The IRS balked, but a tax court sided with the man.

Pat Rapinchuk says some employers might avoid drug testing for marijuana

Pat Rapinchuk says some employers might avoid drug testing for marijuana as not to rule out some strong potential employees.

“Congress later added section 280E to the tax code, which essentially says if your business is in the growing, manufacture, or distribution of a federally controlled substance, you’re not allowed to take normal business deductions,” Foster explained, and then broke down an example of how that may affect a cannabis-related enterprise.

Say a business makes $100,000 and, after spending $40,000 on product, $20,000 on employees, and $10,000 on rent, claims a profit of $30,000. The owner then pays taxes on that figure; if he owes, say, 40%, he makes a profit of $18,000. But if he’s not allowed to write off expenses, suddenly he’s paying 40% on a much larger chunk of that $100,000 — and taking home much less in profit.

“The effective tax rate is two to three times the size of a normal business. And even though it’s against the law federally, you still have to pay taxes,” Foster noted. “It’s another trap for the unwary.”

Joint Enterprises

From a real-estate point a view, issues like zoning laws, special permitting laws, and host-agreement laws also come into play, Bernardo said.

“Municipalities have held the cards because they have to either accept a marijuana zoning district, or they have the ability to shelve it until we actually get the regulations out for recreational use, but that’s coming to an end, so now they have to decide whether or not they’re going to allow this in town or not.”

That depends largely on how the vote went in that particular community when the ballot question legalizing recreational pot in Massachusetts passed last November. In many Western Mass. communities where the vote was in favor, town officials have been busy putting together zoning bylaws for a marijuana district.

Kathy Bernardo

Kathy Bernardo

“Municipalities have held the cards because they have to either accept a marijuana zoning district, or they have the ability to shelve it until we actually get the regulations out for recreational use, but that’s coming to an end, so now they have to decide whether or not they’re going to allow this in town or not.”

“The people of town agreed that’s going to be there, and they’ve discussed how and where,” she explained. “A lot of towns put a moratorium on it — which was fine, they were allowed to do that, but they were only allowed to do it for a year, and now they have to come to a determination whether or not they’re actually going to have that zoning district in their municipality. But that is all steered by what the vote was in their town.”

If the town’s voters favored legalizing recreational marijuana, Foster added, it puts them in a different approval process locally than if voters were against it as a group.

“If they were against it, the city council or select board has no authority unless and until they do another ballot initiative, another referendum at the town level, to approve it,” he explained. “I don’t think anybody’s really looking, from a business point of view, to go into those towns. It’s just too much of a hurdle.”

Once permitting and zoning procedures are established, business owners have to work with the town on compliance issues, Bernardo said, “and there are a lot of intricacies that you don’t usually have with a lot of other businesses. With this, it’s completely different.”

Bulkley Richardson’s cannabis group has represented outfits ranging from farmers looking to cultivate the plant to people looking to profit on the retail end, she noted, and the cultivation aspect is one that has flown under the radar, yet is important to this region.

“A lot of the things you see in the news are about the pot shops,” Foster said. “What’s not getting picked up as much is the fact that, in order to sell something, you have to first grow it, and it’s a lot cheaper to grow things in Western Mass. than it is in Eastern Mass., in terms of the cost of the land.”

The next step is the extraction and production process, he went on, and that’s an entirely different type of business with its own nuances. “It’s not just selling the leaves, it’s extracting the THC and then putting it in something — oil, an edible, a cream, or something else. Then those products are sold. So you’ve got farming, you’ve got manufacturing, and you’ve got retail. And the farming and the manufacturing are actually happening more around here.”

Foster said his firm launched the cannabis practice because the attorneys were already working with clients in the area on these various enterprises.

“We tell people, ‘here are the ways that a marijuana business is 90% exactly like any other business, and here is the 10% where it’s just wacky different, and these are the things you have to think about.’ But it’s still real estate. It’s raising money. It’s hiring people. It’s all the regular laws which you otherwise have to comply with.”

What is certain, Bernardo added, is that marijuana is now a fast-growing (no pun intended) part of the Massachusetts landscape, and that’s not going to change any time soon.

“It’s here,” she said, “and we have to learn how to deal with it rationally, because people are getting into these businesses, and there are so many balls up in the air when they get a business running.”

Smoke Signals

But while those cannabis-related businesses continue to pop up, employers at … well, pretty much every other type of company must grapple with their employees’ use of the drug outside the workplace.

“There are no tests to determine if someone is impaired by marijuana. There’s no sanctioned way to measure the amount of THC in someone’s system,” Foster said, adding that one reason is that federal grants — here’s that separation of state and federal law again — are not available to research these tests.

“You have a whole system that works on the alcohol side that makes sense — the tests are developed, and the laws are passed that go to those tests,” he said. “None of that exists yet on the marijuana side. The research is happening, but it’s happening with private money, which means it’s subject to more influence and bias.”

Bernardo said a lot of companies that used to test for marijuana are deciding not to do so going forward, due to the uncertainty. “They’ve just eliminated it completely, unless you’re a driver or it’s a safety issue. They don’t even want to deal with it.”

That makes sense in a job market with historically low unemployment, Rapinchuk said, when aggressively testing for THC might make it tougher to compete for talent.

“Employers are trying to hire a good workforce, and they’re going to be ruling out an awful lot of potential employees if they’re going to take that position, so it is possible some employers will decide not to test for that,” she told BusinessWest.

No matter what their stance, she added, it’s probably wise for employers to review their drug-testing policy to make sure it’s clear and consistent, and doesn’t need to be modified in light of the change in the law.

Medical marijuana remains an easier field to navigate than recreational use, she stressed, citing as a recent example a young man who had a medical marijuana card and applied for a position at a local company.

“They told him, ‘we drug test everybody, not just health or safety positions,’ and he disclosed his use to the employer through the testing agency and brought his card. Sure enough, he tested positive, and there was questioning — how often he used it, who’s his doctor, what’s the prescription — but once all those questions were answered, they hired him. So they followed the advice of the Barbuto court in that case.”

Whether dealing with marijuana use by employees or actually launching a cannabis business, Foster said, this is definitely new territory for lawyers, thanks to that gaping disconnect between state and federal law.

“As a licensed group, one of our rules is that can’t help your clients commit a crime,” he said. While the Massachusetts Ethics Commission passed a ruling that allows lawyers in the Bay State to engage in such activity because it’s permitted on a state level, he added, “you still have to tell clients they’re engaging in something that is illegal at a federal level. The nuances are deep and subtle.”

“And can cause a lot of trouble,” Bernardo quickly added.

Joseph Bednar can be reached at [email protected]

Law

Degrees of Improvement

By Kayla Ebner

Claudia Quintero was inspired by a lawyer who helped her — and now gets to do the same for others.

Claudia Quintero was inspired by a lawyer who helped her — and now gets to do the same for others.

In the years immediately following the Great Recession, many law-school graduates were challenged to find employment, let alone their dream job. But the picture is gradually improving, as evidenced by the experiences of recent graduates of Western New England University School of Law.

Claudia Quintero calls it her dream job.

That’s how she characterized the position she landed as a migrant/farmworkers staff attorney at the Central West Justice Center in downtown Springfield.

It’s a dream job, because she’s doing essentially what she always wanted to do and what she went to Western New England University School of Law to do — help people, but especially in the same way that an attorney helped her when she was 16 years old.

She met an attorney through a legal-services program in Los Angeles, where she grew up, who helped her apply for and obtain her permanent residence in just five short months. Quintero was always impressed and grateful for her own attorney’s diligence, and thought, “I want to be just like her.”

Like she said, hers is a dream job.

And those have been quite hard for law-school graduates to attain in recent years. In fact, for some time after the Great Recession, taking any job became the goal and, for most, a hard reality.

But the situation is improving, said Laura Fisher, director of Law Career Services at WNEU Law. She used the phrase “pretty steady” to describe the current climate, and while that’s a long way from ‘robust,’ ‘healthy,’ ‘solid,’ or other, more positive terms, it represents an improved picture and a better forecast for recent graduates.

“When the economy really took a hit in 2008 and 2009, every sector of the economy was disrupted, including law schools and law graduates,” said Fisher, adding, however, that “we’re seeing a rebound now.”

She offered some numbers to back up those words.

At WNEU Law, the class of 2017 graduated 101 students. According to data from the American Bar Assoc. (ABA), 43 of those graduates were employed at long-term, full-time, bar-passage-required jobs 10 months after graduation. Nineteen graduates were employed at what are known as ‘JD advantage jobs,’ meaning passage of the bar exam is not required, but that having a juris doctor degree provides a significant advantage.

Of the 101 graduates, eight were unemployed and seeking. Others were employed at both professional and non-professional positions or seeking a graduate degree full-time.

“The 10-month report for the class of 2017 indicates that the percentage of students with full-time, bar-passage-required, JD advantage, and other professional positions is 71.2%,” said Fisher. “This figure is approximately equivalent to, but slightly elevated, over the previous year, which was 68.9%.”

Laura Fisher

Laura Fisher

The ABA gathered that, nationally, 75.3% of the class of 2017 had long-term, full-time jobs requiring or preferring JDs. This is an increase from the previous year’s sum of 72.6%. However, the ABA credits the higher percentage of employment to “an approximately 6% decrease in the size of graduating classes at law schools nationally” (more on that later).

“When the economy really took a hit in 2008 and 2009, every sector of the economy was disrupted, including law schools and law graduates. We’re seeing a rebound now.”

Slicing through all those numbers, Fisher sees an improving job market and more opportunities for the school’s graduates — in the field of law, but also other sectors where a law degree is quite valuable, and these sentiments are reflected in the experiences of some of WNEU’s recent graduates, like Quintero.

For this issue and its focus on law, BusinessWest talked with Fisher and several recent graduates to get some barometric readings on the job market and where a law degree can take someone these days. For many, their landing spot was, in fact, a dream job.

Cases in Point

In 2013, the graduating class at WNEU included 133 students, said Fisher, summoning more numbers to get her points across. At that time, 49 students were employed at long-term, full-time, bar-passage-required jobs.

Although the class size at WNEU has decreased since then, Fisher said this is entirely by design. She noted that WNEU, along with other schools, are keeping the class sizes at “a reasonable size that’s reflective of what the market entails.”

Daniel carey

Daniel carey

Despite smaller class sizes, Fisher believes these numbers do not reflect a lack of opportunity in the job market.

“Although the market out there still feels pretty flat and we’re being careful about the number of law students we’re producing, I still feel like there’s plenty of opportunity out there,” she said. “Our alumni go on to do wonderful things.”

“Law school to me seemed like a natural way to really combine a lot of my interests and abilities. I’ve always kind of viewed the law as a way to help people.”

And she used that phrase to describe work both inside and outside the courtroom.

Daniel Carey, assistant district attorney (ADA) at the Northwestern District Attorney’s office and WNEU Law class of 2017 graduate, fits into both categories.

“Law school to me seemed like a natural way to really combine a lot of my interests and abilities,” said Carey. “I’ve always kind of viewed the law as a way to help people.”

Beginning law school in 2013, he was looking for a way to get his foot in the door, so he applied for a job at the DA’s office. He landed one as district court administrator, working behind-the-scenes to help the ADAs. He’s been there ever since, but has continued to move his way up. Since starting his role as ADA, Carey has served as director of the Drug Diversion and Treatment program for two years, a new initiative he helped launch for people struggling with addiction. It assists with treatment, rather than putting people through traditional criminal-justice prosecution.

In addition to his role at the DA’s office, he also served on the Easthampton School Committee and was elected to the Easthampton City Council. And he’s currently running for state representative — a significant change in career-path course from his original plan of being a high-school English teacher.

He is not the only one who was initially unaware of where a law career could take them. Nicole Mule, another member of WNEU’s class of 2017, did not know she was interested in law until she took classes during her time as an undergrad.

Nicole Mule

Nicole Mule

With a major in criminal justice and a minor in communication at the University of New Haven, she was required to take several law courses that were taught by lawyers. She mentioned that the classes were taught very much like they are in law school.

“It made me realize why advocating for businesses was so important. As an attorney, I can have a significant effect on my clients’ businesses for their benefit.”

“After that, I was hooked,” she told BusinessWest.

When in law school, she noted that she did not put all her focus into one practice area, and eventually gravitated toward employment law. In 2016, she accepted a summer position with the firm Robinson+Cole, which has offices in Massachusetts, Connecticut, and several other states, and was offered a job.

She’s currently an associate in the firm’s labor and employment group, representing both public-and private-sector employers in a variety of labor and employment matters.

Both of her jobs during law school helped her realize her love for this profession.

“It made me realize why advocating for businesses was so important,” said Mule. “As an attorney, I can have a significant effect on my clients’ businesses for their benefit.”

Firm Resolve

Both Carey and Mule graduated with law degrees but have gone on to completely different professions. This wide variety of career options is another reason why the job market for law school graduates is doing better than it was 10 years ago.

For Caroline Montiel, another 2017 graduate from WNEU, combining two of her biggest passions was important, and she was able to find the perfect fit.

She completed her undergraduate studies in chemical engineering, and after receiving some inspiration from her host dad while studying abroad in Spain, she decided to get her law degree. However, Montiel had a different experience than some of her peers while applying for jobs during law school.

“I was applying every week, at least one job a day,” said Montiel, adding that she applied to five jobs a weekend. For every 50 applications she filled out, she hoped to get one interview.

After she passed the bar exam, she began her career with a judicial clerkship in Connecticut Superior Court. In mid-June of this year, she began her new job as patent examiner at the Patent Trademark Office in Washington, D.C., working in the field she fell in love with during law school.

Much like Carey, Montiel, and Mule, Quintero completed several internships during her time at law school, including one with the people who helped her obtain permanent residency. She began applying for jobs during her third year of law school, and ended up sending in applications to about 10 jobs. Quintero’s strategy was simple: apply to places where she knew she would be happy.

“I was very picky about the kinds of jobs that I applied to just because I have a very specific thing that I want,” said Quintero. “I don’t like to divert energy or waste time doing things that I know I’m not going be happy doing.”

She got about three offers and ended up at Central West Justice Center. She said she was nervous that she wouldn’t get a job she wanted or that made her happy, but having a strong network was an important factor. Though it was a fairly seamless process for her, she noted that it took some of her friends much longer to find jobs.

“I was very cognizant that I was lucky,” she said.

There are certainly benefits to knowing what you want, and Montiel noted that having an idea of the type of career one wants to go into before starting law school can be very helpful.

Overall, Fisher said she sees that JD-advantage jobs are rising in popularity, both nationally and at WNEU. She noted that a lot more people are using their degrees for JD-advantage jobs in positions like higher education, data privacy, and security.

The JD-advantage sector is a route that students are becoming more interested in, she went on, not because there are fewer jobs elsewhere, but because they are interested in trying alternative paths.

Fisher mentioned that some students choose to opt out of the traditional path at a law firm because it can be stressful, and they want a good work/life balance.

Market Forces

Fisher wouldn’t say the market is booming for law-school grads — again, ‘steady’ was the word she chose, and she chose it carefully — but she does believe there are many opportunities out there in the legal job market because of how valuable it is to have a law degree in countless professions.

“A law degree is valuable far above and beyond how it can help you practice law,” said Fisher. “There’s a lot more you can do with it. Going through the process of learning how to think about laws and regulation and risk, I think all of that just lends itself to creating an employee who’s very aware, very mindful, and very responsible.”

For the graduates, that means a better chance of landing a dream job.

Law

A Grand Bargain for Business?

By John S. Gannon, Esq. & Amelia J. Holstrom, Esq.

Last month, the Massachusetts Legislature passed the so-called ‘grand bargain’ bill. The new law, which was signed by Gov. Charlie Baker on June 28, will require all private employers — regardless of size — to provide paid family and medical leave to employees. The law also gradually raises the state’s minimum wage to $15 per hour.

Here is what businesses need to know about this important legislation.

Paid Family and Medical Leave

 

John S. Gannon, Esq

John S. Gannon, Esq

Amelia J. Holstrom, Esq.

Amelia J. Holstrom, Esq.

Beginning on Jan. 1, 2021, Massachusetts employees will be eligible for what we believe to be the most generous paid family and medical leave (PFML) program in the nation. Employees will be able take up to 20 weeks of PFML per year for their own medical condition. They will also be entitled to 12 weeks of PFML to care for a family member suffering from a health condition. The definition of a ‘family member’ is very broad and includes not only a child, spouse, or parent, but also in-laws, domestic partners, grandchildren, grandparents, and siblings.

The new law also allows employees to take up to 12 weeks of paid leave to bond with a newborn or newly adopted child. Employees will receive a percentage of their existing pay, up to a maximum of $850 per week, while out on leave. Businesses are required to continue to provide for and contribute to the employee’s health-insurance benefits while employees are out. PFML may be taken, in most cases, intermittently or on a reduced-schedule basis, as well as in a continuous block.

Returning from Leave

Employees who take PFML are entitled to their same job back when they are ready to return to work, or an equivalent position with the same status, pay, benefits, and seniority. Further, employers may not retaliate against employees for taking PFML. Significantly, any negative change in the terms or conditions of employment that occurs during a leave, or within six months after an employee returns from leave, is presumed to be unlawful retaliation. 

Stated another way, if an employee is let go while out on PFML, or within six months of returning from leave, the employer is presumed to have retaliated against the employee. Employers can rebut the presumption only by clear and convincing evidence of an independent justification for the change. This is a high standard that requires the employer to show that its business-based justification for the negative change is substantially supported by the evidence.

Employers found liable may be ordered to reinstate the employee and to pay three times the employee’s lost wages and benefits, plus reasonable attorneys’ fees and costs.

Who Will Administer and Pay for the Program?

A new state agency, the Department of Family and Medical Leave, will be created to administer the program. PFML will be funded by mandatory employer contributions, at a rate of 0.63% of the employee’s wages. That rate is subject to increase annually.

Employers may require employees to pay a percentage of the contribution, and employers with fewer than 25 employees are exempt from paying the employer share of the contributions. Those contributions will begin on July 1, 2019. Employers will be able to opt out of the program by meeting their obligations under a private plan, such as through an approved insurer or self-insured policy. The private plan must provide the same rights, protection, and benefits as required by the state law.

Minimum-wage Increase

The law also increases the minimum wage for tipped employees from $3.75 per hour to $6.75 per hour over a five-year period and from $11 per hour to $15 hour for all other employees over the same period.

Next Steps for Businesses

Employers paying employees less than $12 per hour ($4.35 for tipped workers) will need to plan now for increased wages in a few months. As for PFML, although the leave benefits are a few years away, employers need to think about how they will handle what we expect to be a sharp increase in employee absenteeism.

Typically, the greatest deterrent against missed work is lack of pay. This will not be the case come January 2021. Employees working for businesses large and small will be able to take PFML for almost one-quarter of the year, and in some cases more than that. Businesses need to start thinking now about how they will plan for those extended absences. They also need to put effective policies in place to curb abuse of state-mandated paid leave.

John S. Gannon and Amelia J. Holstrom are attorneys with Skoler, Abbott & Presser, P.C., one of the largest law firms in New England exclusively practicing labor and employment law. Gannon specializes in employment litigation and personnel policies and practices, wage-and-hour compliance, and non-compete and trade-secrets litigation; (413) 737-4753; [email protected] Holstrom specializes in employment litigation, including defending employers against claims of discrimination, retaliation harassment, and wrongful termination, as well as wage and hour lawsuits. She also frequently provides counsel to management on taking proactive steps to reduce the risk of legal liability; (413) 737-4753; [email protected]

Law

Be Careful with Your ‘Wake Word’

By Andrew Levchuk and Lauren Ostberg

Andrew Levchuk

Andrew Levchuk

Lauren Ostberg

Lauren Ostberg

Everyone is now familiar with Alexa, Siri, or Google Assistant, virtual personal assistants (VPAs) marketed by Amazon, Apple, and Google, respectively.

VPAs contain voice-activated applications that promise users a chipper, responsive intelligence for dealing with everyday tasks like phone calls, calendar reminders, coffee orders, streaming entertainment, and list making. In the courtroom, however, law enforcement, digital privacy activists, technology companies — and, yes, Alexa herself — have been exploring the First and Fourth Amendment implications of VPAs’ eclectic résumé.

While VPAs are working for their users, they are also working for Google, Amazon, Apple, and other companies interested in consumers’ habits, interests, and data. Alexa, for example, is regularly ‘listening’ and scanning for her ‘wake word.’ When she hears it, she records the vocal input and her response, then uploads that data to a server in the cloud, effectively reporting it up the chain to her digital overlords at Amazon.

According to the Alexa terms of use, Amazon retains these ‘Alexa interactions,’ which include music playlists and shopping lists, in addition to ‘vocal input,’ for an unspecified amount of time. This is allegedly to provide, personalize, and improve those services, but it is also undoubtedly to provide those technology companies with a valuable, veritable harvest of data.

Looking to access that data, law enforcement is now attempting to identify or eliminate suspects in its investigations with information created by VPAs.

First Amendment

These competing interests came to a head in State v. Bates, a murder case filed in the Arkansas Circuit Court. One witness interviewed during the investigation mentioned hearing music playing during the night in question. Police pursued warrants for multiple digital devices, including the suspect’s Amazon Echo, which played music through a voice command to Alexa.

Amazon moved to quash the subpoena — it did not want Alexa’s recordings, and, with them, its proprietary data — on the public record, nor would it have been good for Alexa’s public image if she disclosed information her user believed to be private.

Amazon invoked the First Amendment, which prohibits laws “abridging the freedom of speech,” in its defense. First, Amazon argued that users’ requests to Alexa were protected speech because they were exercises of a right to anonymously browse and purchase expressive materials — in this case, audio books, music, and podcasts — without fear of government discovery.

Amazon also argued that Alexa’s response “constitutes Amazon’s First Amendment-protected speech” and goes on to say that “Alexa’s decision about what information to include in its response, like the ranking of search results, is ‘constitutionally protected opinion.’” It bears repeating that Amazon argued that “Alexa’s decision” — i.e. the decision of a VPA — was “constitutionally protected opinion.”

Alexa was not only being asked to testify against her user; now, she was being imbued with her own perspective. The extent to which the result of proprietary algorithms is ‘speech,’ and the extent to which such speech may be protected, is uncharted legal ground.

The court did not need to address these open questions about the First Amendment’s relationship to a VPA’s speech, because Bates eventually consented to have the recordings released, and the prosecutor dismissed the case (“Alexa, share my alibi”).

Fourth Amendment

Also not addressed by the court, but relevant when considering your VPA’s loyalty, is the ‘third-party doctrine,’ which essentially holds that a person has no reasonable expectation of privacy for Fourth Amendment purposes in information voluntarily shared with a third party, such as an Internet service provider or cell-phone provider. Anything communicated to your VPA is arguably not covered by the Fourth Amendment, because by communicating with your VPA, you have voluntarily shared information with the VPA’s digital overlord (e.g., Amazon in the case of Alexa).

Given the breadth of the third-party doctrine in the digital age, it is now under assault in the courts. The Supreme Court recently held in United States v. Carpenter that access to a person’s historical cell-site records — geographic records of the particular cell towers a person’s phone has been near — is a Fourth Amendment search because it violates the person’s “legitimate expectation of privacy in the record of his physical movements.” We should expect the attacks on the third-party doctrine to continue.

More generally, electronic evidence of the sort generated by VPAs and other devices is becoming a focus of law-enforcement investigations. For example, a warrant issued in 2017 in Minnesota sought personal details of anyone searching for a victim’s name in Google. Internet searches can be conducted on VPAs, so VPA users will likely be subject to similar warrants in the future.

Whether you are slipping Siri secrets about your business practices, asking Alexa to order cleaning supplies, or using any other various VPAs to verify an address, be aware that your assistant — that chipper, algorithm-driven intelligence — serves multiple masters.

Perhaps when we use the wake word “Alexa,” Alexa should respond with, “you have a right to remain silent.”

Andrew Levchuk is counsel and Lauren Ostberg is an associate at the Springfield-based law firm Bulkley Richardson. Levchuk is a 24-year veteran of the U.S. Department of Justice and now focuses on litigation and leading the cybersecurity practice. Ostberg’s practice consists of cybersecurity, commercial litigation, and intellectual-property matters.

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT
Kurt Champagne II v. Chicopee Electronics Inc.; Chicopee Electronics, LLC; Chicopee Electronics Co.; David B. Averill; and Sandy F. Averill
Allegation: Unpaid wages and unpaid overtime: $25,000
Filed: 7/13/18

FRANKLIN SUPERIOR COURT
Lucille Arnold v. The Yankee Candle Co. Inc.
Allegation: Negligence; slip and fall causing personal injury: $57,035.63
Filed: 6/18/18

Mary Emily Kane v. Engelberth Construction Inc. and Champagne Drywall Inc.
Allegation: Negligence; plaintiff struck by improperly stacked drywall, causing personal injury: $500,000
Filed: 6/27/18

Wheelbrator North Andover Inc. v. Whitney Trucking Inc.
Allegation: Breach of settlement agreement: $160,239.96
Filed: 7/17/18

HAMPSHIRE DISTRICT COURT
Anna Paskausky v. Northampton Nautilus Inc.
Allegation: Negligence causing personal injury: $22,785.11
Filed: 6/28/18

6 Woods Restoration Inc. d/b/a Rainbow International Restoration v. World War II Veterans’ Assoc. of Hampshire County Inc. d/b/a World War II Club
Allegation: Breach of contract, unjust enrichment: $20,595.06
Filed: 7/10/18

Elizabeth Ouimette v. Atlantic Coast Enterprises, LLC d/b/a Jiffy Lube Service Center #1164
Allegation: Breach of contract, breach of express warranty, negligence, negligent misrepresentation: $8,885.96
Filed: 7/11/18

Kacper Kisala, through his father, Czeslaw Kisala v. Greenwood Music Camp Inc.
Allegation: Negligence causing personal injury: $17,098.02
Filed: 7/16/18

Guy Juravich and McKenzie Armstrong v. The Kind Grind Inc. d/b/a Share Coffee and Kenneth W. Majka individually
Allegation: Non-payment of tips, failure to pay proper wages, violation of Massachusetts Minimum Wage Act: $5,000+
Filed: 7/19/18

HAMPSHIRE SUPERIOR COURT
Douglas Drysdale and Renee Drysdale v. J.P. Builders Inc., John Pirog, and John Amidio d/b/a Barre Artesian Well
Allegation: Breach of contract, negligent action regarding artesian well servicing new construction residence, resulting in non-potable water: $31,819.45
Filed: 6/28/18

Town of Ware v. ECS Hold Co., LLC; Environmental Compliance Services Inc.; and ATC Group Services, LLC
Allegation: Breach of contract, negligence: $25,000+
Filed: 7/18/18

Edward J. Matz v. University of Massachusetts Amherst
Allegation: Employment discrimination based on age
Filed: 7/18/18

PALMER DISTRICT COURT
Enfield Transit Mix Inc. v. Spartan Concrete Services Inc. and Matthew T. Thouin
Allegation: Money owed for goods sold and delivered: $13,676.57
Filed: 7/12/18

Law Sections

Not an Arbitrary Decision

John Greaney, who was forced to retire from the state Supreme Judicial Court as he turned 70, is definitely not the retiring type.

John Greaney, who was forced to retire from the state Supreme Judicial Court as he turned 70, is definitely not the retiring type.

John Greaney spent more than four decades behind various benches — everything from this region’s first Housing Court to the state Supreme Judicial Court. Desiring to take advantage of all that judicial experience, the Springfield-based firm Bulkley Richardson, which Greaney joined in 2016, has created an alternative dispute resolution (ADR) group, which he will lead. As arbitration and mediation become ever-more popular methods for resolving disputes, the firm sees this group as a solid business venture.

Peter Barry says it’s a rare opportunity when a small (at least in comparison to outfits in Boston, New York, and Philadelphia) Western Mass. law firm can add a former Massachusetts Supreme Court justice to its team.

Rarer still is an opportunity to add a jurist with the breadth and experience brought to the table by John Greaney, who retired from the SJC in 2008, capping nearly 35 years on various benches, starting with the Hampden County Housing Court (which he started) and time on the Superior Court and then the Appeals Court (more on that remarkable career later).

So it’s incumbent on a firm granted that opportunity to take full advantage of it, said Barry, managing partner with Springfield-based Bulkley Richardson, adding that the firm is doing just that by launching an alternative dispute resolution (ADR) group.

This is a move that not only capitalizes on Greaney’s deep reservoir of experience, but serves as a logical — and, yes, opportunistic — response to an ongoing trend within the law to settle matters not in the courtroom, but outside it, through mediation and arbitration.

These are routes that are generally quicker and less expensive than litigation, said Greaney, adding that ADR, as it’s known, has become increasingly popular in realms ranging from healthcare to construction; education to sports. Yes, some of Major League Baseball’s biggest rising stars have their salaries determined by arbitrators (after negotiation fails).

Greaney and Barry believe the firm could well become an attractive alternative (there’s that word again) amid a growing number of options for businesses, institutions, and sports leagues desiring to resolve matters through ADR, and for several reasons.

Chief among them is the expertise it offers — from not only Greaney, but also Barry, who has been involved in the mediation and arbitration of several complex matters, and the other lawyers at the firm.

But that expertise also comes at a sticker price well below what Boston and Harford firms would charge, an important consideration, said Barry.

“We’re looking to be selective and get appropriate cases from Northern Connecticut, Central Massachusetts, and the Boston area,” he said, noting that the firm already serves several clients in those markets, in part because of lower hourly rates.

Greaney, who will be teaming with Barry to handle many of the ADR matters that come to the firm, agreed, and said the timing and a host of factors were right for the launch of this venture.

“It’s a natural progression for this law firm to begin an ADR group,” he noted, adding that, apart from the Hampden County Bar Assoc., which has a panel of mediators and arbitrators, the only other mediators and arbitrators in this region are single-practice lawyers; Boston and Hartford have ADR groups, but this woud be the first in this region.

“There appears to be a need here for the right type of mediator and arbitrator,” he said, adding that the firm intends to fill that void.

Barry agreed.

“There are a lot of mediators and arbitrators out there,” he acknowledged. “But what we bring to the field is an expertise — primarily Judge Greaney — that is not available generally and is suitable for certain types of cases in particular.”

Peter Barry says ADR is an area of the law that is growing and will continue to grow as businesses and individuals seek alternatives to litigation.

Peter Barry says ADR is an area of the law that is growing and will continue to grow as businesses and individuals seek alternatives to litigation.

For this issue and its focus on law, BusinessWest talked with Greaney and Barry about Bulkey Richardson’s new ADR group, and also about how arbitration and mediation are becoming increasingly popular — and effective — methods for solving complex legal disputes.

Making Their Case

For those not familiar with Greaney’s background (and many are), it takes more than a few column inches, as they say in the print media, to capture all he’s done during his career.

So we’ll hit the highlights. But even that will take a while.

The Westfield native began his law career with the Springfield-based firm Ely and King in 1964, and was appointed to the Hampden County Housing Court in 1974. That housing court was the second in the state, with the first being in Boston, and was unique in that it served an entire county.

“We decided to innovate considerably,” he recalled. “We designed our own court forms, we changed them to get rid of all the legal language — which cluttered all the forms in the other courts — so people could understand them, and we made them bilingual because we had a large Spanish-speaking population. And, to the dismay of a lot of other courts and judges, we set up a citizen’s advisory council — all to make the court more user-friendly.”

In 1976, Gov. Michael Dukakis appointed Greaney to the Superior Court. This was followed by an appointment to the Appeals Court as an associate justice in 1978. In 1984, he became chief justice of the Appeals Court.

Greaney was appointed to the Supreme Judicial Court in 1989 and participated in several landmark cases while serving on the SJC. That list includes Goodridge v. Department of Public Health, in which he wrote the concurrence to the opinion establishing Massachusetts as the first state in the nation to legalize same-sex marriage.

“We share a common humanity and participate together in a social contract that is the foundation of our Commonwealth,” he wrote, creating language that has been used often by gay couples at their wedding ceremonies. “Simple principles of decency dictate that we extend … full acceptance, tolerance, and respect. We should do so because it is the right thing to do.”

Other significant cases include a 1993 decision upholding the adoption of a child by same-sex cohabitants; a 1997 decision in the Benefit v. City of Cambridge case, affirming the unconstitutionality of a statute prohibiting panhandling; a 2003 decision in the First Justice case addressing, on separation of powers principles, the constitutionality of statutes governing court clerks and probation officers; and a 2007 decision in the Murphy v. Boston Herald case, affirming a judgment based on defamation.

Greaney, famous for taking a Peter Pan bus to and from Boston most days and using that time to get more work done, reached mandatory retirement age (70) in 2008, but he wasn’t, and still isn’t, the retiring type. He joined the faculty of Suffolk University Law School, served as director of the Macaronis Institute for Trial and Appellate Advocacy, and taught constitutional law, criminal law, and appellate practice.

But he became a victim of the financial pressures facing many law schools today, and as Suffolk Law downsized and Greaney’s position was essentially eliminated, the judge looked for something else to do in ‘retirement.’ And as he looked, he remembered that Francis ‘Sandy’ Dibble, a partner at Bulkley Richardson, had long ago told him that, when he was done teaching, he should consider joining the firm.

He did so, in 2016, and thus went back to where he started (well, sort of) — practicing law in downtown Springfield.

But the legal landscape has certainly changed since Greaney first started out as a lawyer more than a half-century ago. Indeed, ADR has become an increasingly popular alternative to the courtroom, one that resolves matters in months, or even weeks, rather than years.

A Strong Case for ADR

There are two basic forms of ADR, mediation and arbitration, and while they are similar in that they are alternatives to traditional litigation, there are important differences.

Mediation is generally conducted with a single mediator who does not judge the case but instead simply helps the parties facilitate discussion and, hopefully, a resolution to a problem. Arbitration, on the other hand, is more judicial in nature (that’s why Greaney said it appeals to him) and involves one or more arbitrators who take on the role of a judge, making decisions about evidence and giving written opinions, which can be binding or non-binding, with the results being final.

“The shift from actual courtroom litigation and the resolution of disputes prior to courtroom litigation has become a fairly active enterprise over the past 12 years or so,” Greaney explained. “When I was a trial judge, no such thing existed.

“But the phenomenon was created by business people and others,” he went on. “And the courts wanted to see a simpler, more efficiently way to deal with the problems they had.”Also, many contracts — for everything from construction projects to employment agreements to the one signed by Stormy Daniels when she received $130,000 from Presisdent Trump’s personal lawyer, Michael Choen — have provisions noting that there if problems arise, they will be resolved by private arbitration and not litigation, Greaney told BusinessWest, adding that the Supreme Court, with a few exceptions, has consistently upheld the validity of these arbitration clauses.”

And as a result, and many law firms and individuals, including many retired judges, now specialize in mediation and/or arbitration (mostly the former), creating a somewhat competitive market for those services.

Bulkley Richardson looks to stand out within that playing field and capitalize on the experience of both Greaney and Barry as well as a host of other attorneys within the firm, including Dibble, Daniel Finnegan, Kevin Maynard, David Parke, Melinda Phelps, Jeffrey Poindexter, and John Pucci.

Barry said the firm is not interested in taking on cases that could easily be handled by one of the other mediators in the region, and is instead interested in more complex matters. And, again, they could come from within the 413, or well outside it given the expertise the firm can now bring to bear.

And because of how the pendulum has swung toward ADR, there should be ample opportunity to grow the practice.

“ADR is an area that’s growing and will continue to grow, and there will be a need for the types of services we’ll provide,” he explained. “A lof of big companies have decided, almost across the board as a policy, that they’re not going to litigate — they’re going to do everything possible to settle a case because of the expense and time and misdirection of resources involved in litigation.”

Final Arguments

Getting back to Major League Baseball and those high-profile salary disagreements going to arbitration … and Greaney, an ardent Red Sox fan, noted with a laugh that he would love to get such a matter sent to Bulkley Richardson.

“I love sports; that would be a delight to get something that,” he told BusinessWest. “I understand the statistics and all that goes into those decisions.”

While landing such a case might be a long shot (that’s might), it seems a much safer bet that Bulkley Richardson’s launch of an ADR group will be a winning proposition — for the firm and the region as well.

That’s because of the uniquely high level experience that can brought to the table, especially from a judge that that has made his mark in settings ranging from Hampden County Housing Court to the SJC.

The jury is in — ADR is now the preferred method of resolving a dispute — and Bulkley Richardson appears well-positioned to capitalize on that movement.

George O’Brien can be reached at [email protected]

Agenda Departments

Future Tense Lecture

May 17: The second installment of the BusinessWest lecture series Future Tense, titled “What Got You Here Might Not Get You There: Mistakes Business Owners Make Before and After Retirement,” will take place from 8 to 9:30 a.m. at Tech Foundry, 1391 Main St., ninth floor, Springfield. The lecture, open exclusively to CEOs and business owners, will be delivered by Amy Jamrog, wealth management advisor with the Jamrog Group. The cost is a $25 donation to Tech Foundry. Event sponsors include Paragus IT, the Jamrog Group, and Meyers Brothers Kalicka, P.C. Metered street parking is available near the venue, and there are several parking-garage options nearby as well. To register, visit businesswest.com/lecture-series.

Bereavement Support Event

May 19: Bereaved children and their caregivers are welcome to attend a free art-based support event from 1 to 4 p.m. at the Baystate Health Education Center at 361 Whitney Ave. in Holyoke. Titled “Healing Wounded Hearts with Art: A Retreat for Grieving Families,” the event is open to bereaved children ages 5 to 18. It is sponsored by Batstate Hospice and the Pediatric Palliative Care team. As part of the program, children and teens who are grieving the death of a close family member will have an opportunity to meet others and connect through the power of art making. “Healing Wounded Hearts with Art” aims to help grieving children and their families to commemorate those in their lives who have died. Space is limited and those wishing to attend must register by Friday, May 11 by contacting Betsy Flores, bereavement coordinator, Baystate Hospice, at (413) 794-6559 or [email protected].

Pets Rock!

May 19: The Foundation for TJO Animals will present its second annual Pets Rock! — a concert to benefit local, homeless animals in need at the Thomas J. O’Connor Animal Control & Adoption Center — from 1 to 6 p.m. at Springfield Lodge of Elks #61, 440 Tiffany St., Springfield. The event is sponsored by Planet Fitness and the Arbors Camp, and hosted by special guest Pat Kelly of Lazer 99.3 and 98.5. The festivities will feature entertainment by local bands Tough Customer and Good Acoustics. There will plenty of games and activities for kids hosted by Arbors Camp, crafters will be on hand with their unique items, and raffle prizes will be given away. Lunch will be provided, and and both White Lion Brewing Co. and Harpoon Brewery will be on hand. Tickets are $20 per person, including lunch. Children under 12 are free. Buy tickets at www.tjofoundation.org or at the show gate on event day. A free, refillable event beer mug will be given to the first 200 guests through the gates. Attendees are welcome to bring their lawn chairs and blankets. Well-behaved dogs on leashes are welcome, but no flexi-leads are allowed. No coolers are permitted. All proceeds from this event will provide much-needed medical care and training to the many animals that call TJO their temporary home.

NAMI Walkathon

May 20: The National Alliance on Mental Illness of Western Massachusetts will be holding its 18th annual walkathon, “A Journey of Hope and Recovery,” at Stanley Park’s Beveridge Pavilion Annex in Westfield from 11 a.m. to 3 p.m. The walk is suitable for all ages and will directly benefit the continuing efforts of NAMI – Western Mass. to help improve the lives of individuals living with mental illness and their families. Among the festivities will be guest speakers, entertainment, refreshments, and raffles. For further information, call (413) 786-9139 or visit www.namiwm.org/events for entry and sponsorship forms. Volunteers are needed.

‘Women Lead Change’

June 4: The Women’s Fund of Western Massachusetts (WFWM) will host its annual “Women Lead Change: A Celebration of the Leadership Institute for Political and Public Impact (LIPPI) Class of 2018” event at the Log Cabin in Holyoke. The event will feature a keynote address by Northampton Police Chief Jody Kasper. The Women’s Fund will present Kasper with the She Changes the World Award, honoring her contributions for not only leading her local department, but also leading on a national level with regard to transparent data, hiring practices, and other local initiatives that have shaped community policing for the better. More than 300 guests are expected at the annual celebration of graduates of the Women’s Fund LIPPI program, the only leadership program of its kind in the Commonwealth. The event recognizes the accomplishments of the 31 graduates of the LIPPI class of 2018, who have participated in 11 educational sessions over nine months designed to address the shortage of women stepping into public leadership. LIPPI gives women tools and confidence to become more involved civic leaders and to impact policy on the local, state, and national levels. Proceeds for this annual event empower the Women’s Fund’s mission.

‘Thrive After 55’ Wellness Fair

June 15: State Sen. Eric Lesser and Health New England announced that they will host the second annual “Thrive After 55” Wellness Fair from 10 a.m. to 2 p.m. at Springfield College’s Blake Athletic Complex, located at 263 Alden St., Springfield. The fair is free and open to the public. With more than 40 local organizations ranging from health and fitness to nutrition to elder law, the event will connect residents of the First Hampden & Hampshire District with information and resources to help them thrive. The free program includes a boxed lunch, educational seminars, hundreds of raffle prizes, and access to information and experts to talk to. To RSVP for the event, call Lesser’s office at (413) 526-6501 or visit www.senatorlesser.com/thrive.

40 Under Forty Gala

June 21: BusinessWest’s 12th annual 40 Under Forty Gala is a celebration of 40 young business and civic leaders in Western Mass. The lavish cocktail party, to be held starting at 5:30 p.m. at the Log Cabin in Holyoke, will feature butlered hors d’oeuvres, food stations, and entertainment — and, of course, the presentation of the class of 2018, profiled in the April 30 issue of businesswest and also available at businesswest.com. Also, the fourth Continued Excellence Award honoree will be announced. The 40 Under Forty sponsors include PeoplesBank (presenting sponsor), Northwestern Mutual (presenting sponsor), Isenberg School of Management, the MP Group, Mercedes-Benz of Springfield, Health New England, Renew.Calm, Development Associates, and YPS of Greater Springfield (partner). Tickets cost $75 per person (tables of 10 available). For more information, call (413) 781-8600, ext. 100, or e-mail [email protected].

Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT

Ronald J. Grandbois v. Bailey J. Jones and Alert Ambulance Service Inc.

Allegation: Negligence; vehicle owned by Alert Ambulance Service collided with plaintiff’s vehicle, causing injury: $8,694.57

Filed: 4/20/18

HAMPDEN DISTRICT COURT

American Builders & Construction Supply Co. Inc. d/b/a ABC Supply Co. Inc. v. David Kimball a/k/a David L. Kimball d/b/a Coastal Custom Remodeling

Allegation: Money owed for goods sold and delivered: $13,396.48

Filed: 4/6/18

Brandon Prior, a minor, by his father and next friend, Dennis Prior, v. Shawn McEwen, a minor, by his father and next friend, Brandon McEwen, and New England Fitness & Wellness, LLC

Allegation: Negligence; plaintiff struck by yoga ball at Healthtrax facility during hockey camp, causing injury: $4,120.95

Filed: 4/12/18

HAMPDEN SUPERIOR COURT

Carol Burns v. Medcare Emergency Health

Allegation: Negligence causing injury: $2 million

Filed: 3/23/18

US LBM Holdings, LLC d/b/a East Haven Builders Supply v. Whitman Restoration Inc. and Claude Whitman

Allegation: Breach of contract; money owed for construction materials sold and delivered: $22,914.23

Filed: 3/29/18

Gregory Heffernan v. Automatic Equipment Manufacturing Co. d/b/a Blue Ox, Diamond RV Centre Inc., and Keller Marine Service Inc.

Allegation: Product liability; plaintiff injured while unhooking trailer hitch from RV: $1 million

Filed: 3/30/18

Herman P. Cumby v. 110 Island Pond Road, LLC d/b/a Nathan Bill’s EFP Bar and Restaurant, et al

Allegation: Negligence causing injury: $1.1 million

Filed: 4/6/18

Jackie Ligon v. Nathan Bill’s Bar & Restaurant and John Robert Sullivan

Allegation: Negligence causing injury: $101,000

Filed: 4/6/18

Jozelle Ligon v. Nathan Bill’s Bar & Restaurant and John Robert Sullivan

Allegation: Negligence causing injury: $101,650

Filed: 4/6/18

Michael Cintron v. Nathan Bill’s Bar & Restaurant and John Robert Sullivan

Allegation: Negligence causing injury: $101,000

Filed: 4/6/18

Ryan P. McConnell p/p/a Paul R. McConnell v. Town of Wilbraham and Hampden-Wilbraham County Regional School District

Allegation: Negligence; loose concrete capstone on brick support at Mile Tree Elementary School fell and struck plaintiff, causing injury: $150,000

Filed: 4/6/18

Paula Click v. Walmart

Allegation: Negligence; slip and fall causing injury: $32,945

Filed: 4/6/18

HAMPSHIRE DISTRICT COURT

W.B. Mason Co. Inc. v. Veracruz Foods Inc. d/b/a La Veracruzana

Allegation: Money owed for goods sold and delivered: $11,552.13

Filed: 4/16/18

HAMPSHIRE SUPERIOR COURT

DAS Property Group, LLC v. The Antiquarian, LLC

Allegation: Breach of lease: $73,965

Filed: 4/10/18

Country Bank for Savings v. Big Y Foods Inc.

Allegation: Breach of implied covenant of good faith and fair dealing, breach of contract: $25,000+

Filed: 4/19/18

WESTFIELD DISTRICT COURT

John Nadolski v. Michael J. Bisgrove d/b/a Bisgrove Construction

Allegation: Defendant damaged equipment rented from plaintiff and failed to pay for damage: $7,967

Filed: 3/14/18

Daily News

HADLEY — Bacon Wilson, P.C. announced that Jocelyn Roby has joined the firm’s Hadley office as an associate attorney. Rob is a member of Bacon Wilson’s real estate department, where her practice is focused largely on residential real estate, including closings and title work. She is a graduate of the Western New England University School of Law, and received her bachelor’s degree from Plymouth State College.

Bacon Wilson boasts 44 lawyers and approximately 60 paralegals, administrative assistants, and support staff in offices located in Springfield, Amherst, Hadley, Northampton, and Westfield.