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Opinion

Opinion

By Elizabeth Barajas-Román, Valerie Bassett, and Ann Bookman

As directors of organizations working to elevate women’s civic leadership, we salute Sec. Hillary Rodham Clinton on the historic and courageous campaign she led as the first woman to run for president of the United States as the nominee of a major political party.

But to come, are the highest stakes our nation has faced since its founding. How do we ensure the door of opportunity not only remains open — but opens wider — for women of color, LGBTQ people, and immigrants, as well as including low-income white and rural residents who feel left behind?

As the results of the recent election show, the majority of our elected officials do not look like the population they represent. In Massachusetts only 25.5% of the total seats on Beacon Hill are occupied by women. Throughout the history of the United States, 1,917 men have been elected to the Senate, whereas only 46 women have held this post; until now, only two of whom were women of color. In the 115th Congress, the overall number of women will remain the same, but nine new women of color, will enter Congress in 2017, three in the Senate and six in the House.

That’s why the work of our organizations is more critical than ever before. The Women’s Fund of Western Mass. fuels progress toward gender equity by funding the most promising solutions, collaborating with results-oriented partners, and by elevating the collective power of local women to take charge, and to lead with purpose. The Women’s Fund of Southeastern Mass. creates pathways for women to economic independence through funding and leading a regional agenda for change, advocacy, and education. The Center for Women in Politics and Public Policy at UMass Boston’s McCormack Graduate School has a dual mission:

• To advance the political leadership of women in both the public and nonprofit sectors, with particular focus on women of color; and

• To design and implement public policies that will advance economic security for all women and their families by raising the minimum wage, closing the wage gap, providing caregiving supports, and other critical issues.

Together, we are creating hope, higher expectations, and alliances among diverse women that are essential to helping create the America we believe in.

So where do we go from here?

Prioritize the work of organizations serving women. Organizations like ours have paved the way for significant milestones reached over the past year, including a new equal pay law. We’re also working at a direct service level to increase women’s access to financial literacy or negotiation training, building cross-sector partnerships at the community level that encourage solutions-orientated dialogue often with local businesses, and investing in research that can be used by advocates and policymakers to drive systems-level change. Organizations like ours amplify the power of women to transform their lives, and the lives of the people in their community.

Support policy advocacy efforts and train women to lead the way. Research shows that high-visibility political campaigns by women make girls think differently about their own futures: they begin to imagine they too, could one day lead. The goals for political leadership are broad: More women in elected office, appointed positions, and more women leading nonprofit organizations and grassroots campaigns. While progress on policies that impact women’s lives may be stalled on the federal level in the foreseeable future, we are optimistic about action and change on the state and local level.  In fact, state and local action — coordinated across New England — is now likely to be across the most fruitful avenue for policy change; and

• Invest in cross-racial, cross-class, and cross-gender alliances. Millions of women sit at the center of several overlapping and intersecting social identities – and they suffer the related systems of oppression, domination, or discrimination that come with the territory. Investing in the visibility and inclusion of all women is the only way to ensure success. We will go forward truly together or not at all.

We celebrate the wins and learn from the losses. We rest from the recent flurry of campaigning and retool for the campaigns and social change work ahead. Most importantly, we must continue to grow a broad and diverse coalition to fight for equity and economic justice for all. Count us in.

Elizabeth Barajas-Román is CEO of the Women’s Fund of Western Mass.; Valerie Bassett is executive director of the Women’s Fund of Southeastern Mass.; and Ann Bookman is director of the Center for Women in Politics and Public Policy, and Clinical Professor, Department of Public Policy and Public Affairs, McCormack Graduate School.

Law Sections

Courting Change

Shareholders A Craig Brown, right, and Michael Sweet

Shareholders A Craig Brown, right, and Michael Sweet, like most of the attorneys at Doherty Wallace Pillsbury & Murphy have a number of practice areas.

When four respected attorneys came together 49 years ago to form Doherty, Wallace, Pillsbury & Murphy, they had solid ideas about where they would focus their practice. But in the decades since, this Springfield-based institution, while still true to its corporate and litigation roots, has become far more nimble, specialized, and adaptable to changes in the legal field driven by regulatory shifts, technological advances, and evolving client needs. In doing so, it has forged one of the region’s true local success stories.

Laws, as any attorney knows, are far from static. And a law firm that wants to not only survive, but thrive and grow over five decades must recognize how to pivot and adapt.

Take, for example, education law, an area where Doherty, Wallace, Pillsbury & Murphy has bolstered its roster of attorneys in recent years.

“The business of running a school or college is subject to more regulation than you would ever believe,” said shareholder Craig Brown, noting that the firm’s clients include American International College, Williston Northampton School, and Wilbraham & Monson Academy. “They have to sort through a lot of regulatory challenges, and they have a lot of employment-law issues right now. At AIC, they’re wrestling with the idea of shared governance; the faculty feels they have a voice in decision making that affects the academic side of the house. Where is the line drawn?”

Another recent challenge for educational institutions is making their websites accessible to people with disabilities, which is now required by law.

“Schools are a lot like businesses, but they have this regulatory climate,” Brown added. “It’s an emerging area of the law.”

Another example of an evolving area of the law is intellectual property. Shareholder Deborah Basile spearheads Doherty Wallace’s practice in this field, and enjoys the challenge.

“I love working with inventors and working with businesses that have new product lines,” she told BusinessWest. “They want to protect some intellectual property surrounding those, or have developed a new feature in a product line they’ve sold for a long time.”

The Internet has added new wrinkles as well.

“Everyone has a website now; that’s the way we do business, and using the Internet properly and carefully is another aspect of my practice,” she explained. “For example, a manufacturing company needs to be careful in terms of what to expose or disclose in terms of a unique business method or unique product.”

That said, recent modifications in patent law have made it easier for inventors to protect themselves, she added — the rare societal trend that may make her work easier, not thornier. In any case, “identifying what your intellectual property is and protecting it going forward is a critical growth area for us.”

Doherty Wallace, now boasting about two dozen attorneys, has been based in Springfield since its inception, when four attorneys with diverse strengths came together in 1967.

“Fred Pillsbury was generally recognized as the best litigator in the area,” Brown said. “He was named a judge just two years earlier, but it was too boring, so he came off the Superior Court bench. Lou Doherty was a well-regarded business and general corporate lawyer. Bob Murphy was a labor lawyer, and Dudley Wallace was a tax lawyer.”

The firm slowly built on that core — including Lou Doherty’s son, Paul, who led the firm for decades until his passing in January — and their commitment was evident to their younger associates.

“Fred Pillsbury was a magnet for business, and an engine that helped grow the firm,” Brown said, explaining that he had a nerve disorder that eventually took his life, but even when he could barely function, he still came in to practice as much as he could. “It was a remarkable thing.”

Today, the firm maintains — as it always has — strong roots in business law and litigation, but has become more specialized over time.

“The days of one lawyer with one assistant who types are fading,” said shareholder Michael Sweet. “Everyone here is focused on how to best staff projects in the most effective way for clients.”

Information Age

The key, as always, is smart change, Sweet said, even as the firm extends its lease at Monarch Place — where it has done business since the tower opened — for another 10 years.

“One of the key aspects of the decision to stay here long-term is recognizing we’re not done adapting,” he said. “We realize things are going to change, and when we planted our roots here, we knew we could be successful here, and have the capacity to grow and change.”

Computer technology has added layers of challenge to the practice of law, Sweet noted.

“The tech world in general has impacted this profession like it has everything else. The focus is on efficiency and specialization,” Sweet said, adding that the firm has continually recruited attorneys with expertise in growing specialty areas, from Basile, who launched the intellectual-property group, to a pending hire to bolster the firm’s depth in employment law, a field that is seeing plenty of change due to a constantly shifting regulatory landscape. “We continue to look at our clients and ask, ‘what kinds of services do our clients need?’ and then we go out and recruit in those areas.”

Shareholders Jeffrey Meehan, left, and Barry Ryan

Shareholders Jeffrey Meehan, left, and Barry Ryan, are among the players on the large and talented team at Doherty Wallace Pillsbury & Murphy.

Technology has also changed the way people behave, which also affects the practice of law, said shareholder Jeffrey Meehan. Take, for example, all the smartphone video being instantly recorded of … well, everything, from crimes in progress to protests gone awry. That has a major impact on the world of litigation, which is Meehan’s specialty.

The digital culture will even shape the firm’s upcoming renovation of its office, with a library used for decades to store bound books of information to be replaced by a finance and accounting department that needs more space.

But while so much data is at lawyers’ fingertips via computer these days, the information age has also made clients less patient, Brown noted. The past model of putting correspondence in the mail and waiting days or weeks for a response just doesn’t cut it anymore. “Instead, you’re e-mailing a document and expecting a review within a very short amount of time. Over the course of hours, literally, you can negotiate, make changes, and finalize the transaction documents. That puts an incredible amount of stress on a lawyer.”

Still, one key to being successful is to use the technology to benefit client relationships, not hinder them, Sweet said, stressing that relationships are still cultivated with care at the firm, not in haste. “We’re definitely not built on one quick hit with e-mails. We have not lost focus on the relationships, which, at the end of the day, are more important than those e-mails.”

Basile agreed. “We’re entrenched in the old-fashioned virtues of what it was like to be a lawyer back in the ’60s and ’70s, how you provided personal services on a slow and steady basis. But we also have to keep up with what we need to compete in this very responsive world we live in.”

Other changes at Doherty Wallace are being driven by retirements and new opportunities for veteran attorneys. The firm lost two long-time members recently to judgeships, as Michele Ouimet-Rooke was appointed a District Court judge earlier this year, and last week, Michael Callan was sworn in as a Superior Court judge.

“So we’ve been looking at the future and making investments in the future,” Brown said, “which we need to do to continue to be viable.”

Deep Roots

Brown has seen plenty of change in the city that has dominated his life. He was born in Springfield and has fond memories of a thriving downtown, and then, once the bustle of the peak years faded, of efforts to revitalize it, with redevelopment projects like Market Place, which Doherty Wallace was involved in.

“There was an ongoing attempt to pull Springfield up, and it never worked, and the effort stopped for a while,” he said. But now, he added, major economic-development pieces like MGM Springfield and Union Station, and a general sense of renewal downtown, has people excited again. “It’s an abundance of changes that create opportunities and bring Springfield to where we’d all like it to be — a thriving city.”

Doherty Wallace will enjoy the benefits of that renewed energy, Sweet said, at least for the next 10 years and, in all likelihood, much longer.

“The fact that we’re sitting here in downtown Springfield when other firms have left is telling,” he added. “At the end of the day, what you do as an organization is more important than what you say, and our firm has made a decision to stay here long-term. That’s more evidence of how we feel about the region. We’re hiring new lawyers, and we’re fortunate to have a lot of business, and interest from lawyers who want to come work here.”

Basile agreed. “There are a lot of great things about Springfield, and the people here at Doherty Wallace are really hopeful about the future,” she said. “We see the big picture, and we’re committed to the city.”

Brown told BusinessWest the region has never seen a project with as much transformative potential as the casino, due partly to the way it will be integrated with the entire downtown and have the ability to attract more business, which in turn may attract more residents, in a cycle of growth.

Meehan hopes so. He says the Pioneer Valley has always been a “poor cousin” to Boston as far as business growth, wealth, and opportunities, and noted that developments like the casino have run concurrent to backward steps as well, like Bank of America leaving the downtown area. “I’m scratching my head about that because they seemed to have some business here.”

One constant at Doherty Wallace, no matter the economic climate, has been a focus on volunteerism and community involvement, something Paul Doherty, famous for helping out with local organizations and initiatives, often without having to be asked.

“He set the example of how to be involved in the community,” Brown said. “It’s deeply part of the culture here, and everyone feels it, and everyone is encouraged to commit to the community.”

Sweet went even further, noting that this culture is one of the things that attracts people to work at Doherty Wallace. “It’s one of the reasons I chose to work here. We’re a significant part of the community in all ways.”

A Significant Loss

Brown recalls being hired to work alongside Doherty in 1977; in the interview, he was asked how he felt about working Saturdays. He immediately realized that this was a workplace that demanded much, but he learned the work was immensely rewarding as well.

“Paul was the leader of this law firm,” he said. “He set the tone in terms of the culture, the community involvement, the quality of lawyering. He was very focused on us providing the highest-quality service at all times.”

Basile agreed. “Paul was my mentor. He taught me how to be a lawyer,” she said. “The sad thing is, he wasn’t done. He had more to do. He was still committed to this city, to this law firm, and to inspiring those of us he left behind.”

Brown said Doherty knew everyone, and everyone knew him — and he valued those relationships far beyond his practice.

“Those relationships are what has endured over the decades, and those lessons on how to be a lawyer, how to give back to the community,” he told BusinessWest. “That’s all Paul Doherty. We were blessed to have him as long as we had him, and we still have him with us.”

That sentiment provides more than enough motivation for this half-century-old law firm that has experienced plenty of change, and welcomes whatever may come next.

Joseph Bednar can be reached at [email protected]

Law Sections

OSHA’s Big Year

By John Gannon, Esq. and Susan Fentin, Esq.

John S. Gannon

John S. Gannon

SUSAN G. FENTIN

Susan G. Fentin

Over the past several months, the U.S. Occupational Safety and Health Administration (OSHA) has announced a number of regulatory changes that may have slipped under your radar during the summer season.

The changes are not favorable to the business community and may call for significant changes to your workplace practices.

Increased penalties

Effective August 1, 2016, OSHA’s maximum fines for safety violations went up a massive 78%.  Serious violations, which previously maxed out at $7,000 per violation, will now increase to maximum of $12,471 per violation.

Similarly, the failure-to-abate penalty will also max out at $12,471 per day, which is up from $7,000. Willful and repeat violations will cap at $124,709 per violation, which is up from $70,000. Given the dramatic increase, employers should consider auditing workplace safety practices to evaluate OSHA citation risk.

Electronic reporting data available to the public

OSHA also announced a final rule back in May 2016 that will require certain employers to electronically submit worker injury and illness data starting in 2017. Notably, OSHA intends to post this information on a website available to the public. This means the information will be instantaneously available to other interested parties, including customers, competitors, attorneys and union organizers.

Contractors reviewing project bids may consider this information as part of the bidding process. The agency explained that it will post the data on its public website so that “prospective employees [can] identify workplaces where their risk of injury is lowest.”

Employers that are not exempt from OSHA’s injury and illness record-keeping rules are already required to keep track of their workers’ injuries and illnesses in what is commonly called an “OSHA log.” However, only certain serious injuries currently require direct reporting to OSHA, such as work-related fatalities, amputations and inpatient hospitalizations.

The new rule will require non-exempt employers to directly report far more injury and illnesses data on an annual basis.

The reporting frequency and content will vary depending on the size and industry of the business. Establishments with 250 or more employees that are currently required to keep OSHA injury and illness records must electronically submit information from all OSHA Forms 300 —including Form 300 (Log of Work-Related Injuries and Illnesses); Form 300A (Summary of Work-Related Injuries and Illnesses); and Form 301 (Injury and Illness Incident Report) — by July 1 each year.  However, in 2017, only information on the Form 300A will need to be submitted.  Establishments with 20-249 employees that are classified in a high-hazard industry with historically high rates of occupational injuries and illnesses only need to electronically submit information from OSHA Form 300A.

Employers can find out whether their industry is classified as high-hazard by visiting this website:  https://www.osha.gov/recordkeeping/NAICScodesforelectronicsubmission.pdf

Reporting of workplace injuries

The electronic reporting rule also includes provisions aimed at improving safety without discouraging employee reporting of injuries.  The “anti-retaliation” language is meant to protect employees from being punished for reporting workplace injuries.

For example, the rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation, which many employers already do in a company handbook. However, the rule also states that several common practices may be deemed retaliatory, including:

• Automatically conducting post-accident drug testing of injured employees;

• Maintaining rules or policies that discipline employees who do not immediately report workplace injuries; and

• Maintaining incentive programs that reward employees for experiencing no recordable workplace injuries or illnesses.

The limitation on post-accident drug testing has caused the most concern within the business community. OSHA explained that post-accident testing is not prohibited outright.  Instead, according to the agency, testing should be limited to situations where drug use is likely to have contributed to the accident.

For example, if the employer has reasonable suspicion to suspect the accident is linked to drug use, testing would be permissible. Factual circumstances surrounding the accident, such as odor or bloodshot eyes, may give rise to reasonable suspicion of drug use. Employers should consider implementing a drug-testing policy into their handbook or policy manual that addresses reasonable suspicion testing.

Although the new rule has no impact on random testing, Massachusetts employers must remember that random drug testing is only permissible in limited circumstances.

The anti-retaliation provisions of the final rule were originally set to take effect in August 2016, but have been delayed until Nov. 1, 2016, so that OSHA can “conduct additional outreach and provide educational materials and guidance for employers.” Even so, employers that engage in any of the practices listed above should consult with employment counsel.

John S. Gannon is an associate at the firm of Skoler, Abbott & Presser, P.C.; (413) 737-4753; [email protected]. Attorney Susan G. Fentin has been a partner at Skoler, Abbott & Presser since 2004. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws, and representing employers before state and federal agencies and in court.  She speaks frequently to employer groups, conducts training on avoiding problems in employment law, and teaches master classes on both the FMLA and ADA; [email protected]; (413) 737-4753.

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.

Franklin Superior Court

K & K Acoustical Ceilings Inc. v. Shawmut Woodworking & Supply Inc. and Travelers Casualty and Surety Co. of America
Allegation: Monies owed for labor and materials: $44,469.32
Filed: 10/20/16

Susan Boss v. Town of Leverett and Leverett School Committee
Allegation: Failure to pay agreed-upon insurance premium costs: $3,000
Filed: 10/21/16

Franklin District Court

A.I.M. Mutual Insurance Co. v. Triple D Inc.
Allegation: Monies owed for unpaid workers’ compensation premiums: $5,102
Filed: 10/17/16

Naveed Butt v. BMW of Riverside, LLC a/k/a BMW of Riverside
Allegation: Breach of contract, unfair trade acts and practice: $18,000
Filed: 10/27/16

Pure Pro Massage Oils Inc. v. Polysciences Inc.
Allegation: Breach of contract, negligence: $5,940
Filed: 10/31/16

Hampshire Superior Court

Main Street America Assurance Co. as subrogee of Hai Cheng d/b/a International Food Market, Wing Wong LLC, and Greggory Thornton d/b/a Greggory’s Pastry Shop v. Alliance Laundry Systems LLC, Robertshaw Controls Co. Inc., Richard Czarniecki individually and d/b/a Hadley Coin Op Laundromat
Allegation: Subrogation claim: $426,166.31
Filed: 10/18/16

Mi Tierra Corp. v. Alliance Laundry Systems LLC, Robershaw Controls Co. Inc., Richard Czarniecki individually and d/b/a Hadley Coin Op Laundromat, Norwottuck Inn Holding Co., and Encharter Insurance LLC
Allegation: Negligence causing personal injury and property damage: $297,636.46+
Filed: 10/25/16

Peerless Insurance Co. a/s/o Norwottuck Inn Holding Co., et al v. Alliance Laundry Systems LLC, Robershaw Controls Co. Inc., Richard Czarniecki individually and d/b/a Hadley Coin Op Laundromat
Allegation: Negligence, property damage, and products liability: $4,186,353.38
Filed: 10/26/16

Ace Fire and Water Restoration Inc. v. Stephen M. Bishop and Jacqueline G. Bishop
Allegation: Monies owed for services, labor, and materials: $38,569.50
Filed: 11/9/16

Bozzuto’s Inc. v. Serios Inc. d/b/a Serios Market
Allegation: Monies owed for goods sold and delivered: $32,349.40
Filed: 11/10/16

Gerard Provost v. Commonwealth of Massachusetts
Allegation: Negligence resulting in fall down stairs at McGuirk Stadium at UMass Amherst causing injury: $56,799.76
Filed: 11/3/16

Hampden District Court

Barbara Bushey v. Wal-Mart Associates Inc.
Allegation: Violations of wage-and-hour laws, unpaid wages: $18,529.56
Filed: 11/15/16

Westfield District Court

Ethan Senterfitt v. Salona America
Allegation: Breach of contract; monies owed for services rendered: $2,474.79
Filed: 10/25/16

Daily News

HOLYOKE — Champ Law was grateful for the opportunity to donate 10 turkeys to the Boys & Girls Club of Greater Holyoke for the Thanksgiving tables of local families. This is the second year that Champ Law has donated Thanksgiving turkeys through the Boys & Girls Club.

Attorney Adam Basch, who delivered the turkeys to the Boys & Girls Club on Nov. 22, noted that “Champ is proud to support our community in many ways, and this annual Thanksgiving donation is particularly meaningful. We are grateful for the chance to visit with the wonderful staff and kids at the Boys & Girls Club, and to be able to meet a few of the families who will enjoy the turkeys on Thanksgiving. Making those connections is important to us.”

Champ Law is a local, full-service firm focusing on personal-injury law.

Daily News

SPRINGFIELDWestern New England University President Anthony S. Caprio has announced the appointment of two new faculty members in the University’s School of Law.

  • Mark Worthington is serving as the director of Elder Law and Estate Planning Program in his new position in the Western New England University School of Law. Attorney Worthington has been in private practice exclusively in special needs law, elder law, and estate planning for the past 24 years. He has been a member of the LLM faculty as an adjunct since the program’s inception. He is widely recognized as a national leader the field of Elder Law having lectured and written for the National Academy of Elder Law Attorneys.

Worthington is a graduate of the University of Rochester, Northeastern University School of Law, and Boston University School of Law. As adjunct faculty, he has been teaching courses in Medicaid Planning and Planning with Grantor Trusts.

  • Henry J. Boroff has been a visiting professor and jurist in residence at Western New England University School of Law since July of 2016, and previously an adjunct professor at the law school since 1996. From 1993 until his retirement in 2016, he served as a United States bankruptcy judge for the District of Massachusetts, handling cases throughout Massachusetts, as well as in New Hampshire and Rhode Island.

Judge Boroff was chief judge of the Massachusetts Bankruptcy Court from 2006 until 2010, and from 1996 through 2016 an appellate judge on the Bankruptcy Appellate Panel for the First Circuit.

Judge Boroff is a graduate of Boston University, and Boston University Law School, and teaches courses in Bankruptcy and Secured Transactions.

Opinion

Opinion

By Tom Jones

 

Massachusetts has a new law permitting the possession and recreational use of marijuana. Voters approved Question 4 on legalization last week by a margin of 53.6% to 46.4%.

And unlike the earned-sick-time law a couple of years ago, this one comes with a short lead-in period — the law takes effect on Dec. 15.

What does the 12-page statute mean for employers?

The law focuses almost exclusively on the regulation and taxation of the sale of recreational marijuana. The measure will actually have little to no direct impact on most employers. There is only a short reference to employment in section 2, which discusses limitations of the law:

“This chapter shall not require an employer to permit or accommodate conduct otherwise allowed by this chapter (i.e. the use of recreational marijuana) in the workplace and shall not affect the authority of employers to enact and enforce workplace policies restricting the consumption of marijuana by employees.”

Employers should keep an eye out for potential court cases related to the new law. Such cases could materially affect the manner in which employers implement the law in the future.”

Companies that addressed their drug-testing and drug-use policies in response to the 2012 medical-marijuana law can prepare for the 2016 law with little more than a quick review. For companies that did not establish policies four years ago, now is the time to do so.

Review your drug/alcohol-free workplace policies to ensure that they cover all forms of drug use, including marijuana. You should also review your drug- and alcohol-testing polices to ensure they cover the topics you want.

You may want to revise your policy to ensure that it covers all aspects of your workplace, including vehicles used for business purposes, off-site duties at customer sites, work-related events and seminars, and company-owned parking lots and garages.

Employers should keep an eye out for potential court cases related to the new law. Such cases could materially affect the manner in which employers implement the law in the future.

There has been only one legal case so far in Massachusetts involving an employee and medical marijuana. In that case, the employee was terminated, then sued, claiming discrimination, and the court ruled in the employer’s favor on all six counts, except privacy.

Associated Industries of Massachusetts is available to answer any questions about the new marijuana law or about reviewing and updating your drug-use related polices. Contact Beth Yohai at [email protected] or (617) 262-1180, ext. 335.

Tom Jones is vice president of Associated Industries of Massachusetts.

Sections Technology

Won’t Get Fooled Again?

The trouble with a phishing scam, Brendan Monahan says, is that only one person in an organization has to fall for it to put information at risk.

Or, in Baystate Health’s case, five.

“There is constantly a threat to businesses — including ours; we’re no different — from outside phishing attacks,” said Monahan, manager of Public Affairs, in the wake of a phishing attack in August that exposed the personal data of thousands of patients. “They’re often internationally based and geared toward handing over the keys to the kingdom to a hacker who, from what we understand from most experts, is looking for some financial gain out of it.”

That doesn’t seem to have occurred in this case, Baystate officials say, but the incident, which was made public late last month, is serious enough to trigger a re-examination of the system’s security protocols — and to serve as a warning to other employers in the region, both large and small.

Specifially, on Aug. 22, Baystate learned that a phishing e-mail had been sent to numerous Baystate employees that, if opened, allowed hackers to access those employees’ e-mail accounts.

Phishing is an electronic attempt to obtain sensitive information, such as passwords and credit-card information, by masquerading as a trustworthy source. Phishing e-mails may contain links to a site infected with malware, or directly load a program onto a computer that makes it contents accessible to the scammer. The Baystate scam e-mail was designed to look exactly like an internal memo to employees.

eric brown

eric brown

The best defense is to have a written information-security policy in place. Part of that is training in security awareness for employees. That way, employees can’t say, ‘I didn’t know,’ or ‘I don’t understand.’ That’s where the data risk is. It’s not from the outside; it’s from the inside, with mistakes, careless errors made by employees.”

Baystate’s investigation determined that five employees responded to the phishing e-mail, allowing the hackers to gain access to those employees’ e-mail accounts. Some of the e-mails in those accounts included patient information, including names and dates of birth, diagnoses and treatments received, medical record numbers, and, in some instances, health-insurance identification numbers. However, the e-mails did not contain Social Security numbers, credit-card numbers, or other financial information commonly used by scammers and identity thieves to enrich themselves.

“The [phishing] e-mail contained information that would be described as mimicking or mocking an internal Baystate Health HR memo. Five employees clicked on that e-mail, that immediately compromised their Outlook e-mail accounts into the hands of the perpetrator,” Monahan told BusinessWest. “Our computer research firm found exactly what was in the e-mails and what could have been looked at.”

The fact that no financial data was compromised may be small comfort for affected patients, that fact may mean the scammers have no real use for the information, and left it alone when they discovered they couldn’t profit. But that remains to be seen.

“In this case, there was no financial gain to be had from the patient information,” Monahan said. “That’s why we don’t know whether they went through the documents, but they could have.”

Still, he added, “while we have no evidence that any patient information has been taken or misused, we want to assure our patients that we take this incident very seriously.”

Next Steps

Upon discovering the breach, Baystate immediately took steps to secure the e-mail accounts and began an investigation, and also reported the incident to law enforcement.

But finding out what happened and trying to identify the perpetrators is only one step in the process of responding to the incident, Monahan said. Topping that list is ensuring — or at least trying to ensure — that such an incident won’t be repeated, and that begins with employee education and training regarding phishing e-mails and other scams.

“That was already going on beforehand, and I would say it’s being ramped up,” he explained, noting that employees can click a button at the top of any e-mail if they suspect it comes from a suspicious source, and someone from Baystate’s IT staff will come and determine if it’s dangerous or not. “We try and help them, to train them not to click on a suspicious e-mail, what a phishing attack looks like, and how to recognize it when it comes about.”

Frank Vincentelli

frank vincentelli

Unfortunately, they’re always a step ahead, and for those of us in the security industry, to prevent their success, we have to figure out what they’re doing. But if you present a soft, open belly, they’re going to dive right in.”

 

Frank Vincentelli, chief technology officer at Integrated IT Solutions in Westfield, and Eric Brown, the company’s vice president of Security Services, recently spoke about data security in the business world at the Western Mass. Business Expo, and discussed at length the critical role each employee plays in keeping a company safe.

“The best defense is to have a written information-security policy in place,” Brown said. “Part of that is training in security awareness for employees. That way, employees can’t say, ‘I didn’t know,’ or ‘I don’t understand.’ That’s where the data risk is. It’s not from the outside; it’s from the inside, with mistakes, careless errors made by employees.”

Vincentelli noted that a computer without access to the Internet or e-mail is generally safe, but not particularly useful, so businesses must strike a balance between safety and usability. “The very fact that you have access to these resources is giving the attackers a way into your system and your information.”

The entire security chain, in other words, is only as strong as its weakest link.

“Each individual user is an active part in the overall security strategy of the company,” he went on. “I’m sure all of us can think of a person in we work with who’s not necessarily technologically sophisticated, a person who usually gets a virus or is hit with CryptoLocker three or four times a year. That person is the best level of protection your organization has.”

Training every employee then, is critical, but companies must still maintain a robust firewall infrastructure, complete with early-detection capabilities to identify breaches when they occur. Still, Vincentelli said, “the most important component is the individual user.”

On Guard

Phishing scams are, unfortunately, more common in the healthcare realm than some might suspect. In recent years alone, according to data-risk consulting firm IDT911, a server operating under contract for DeKalb Health Medical Group in Indiana experienced a cyberattack that compromised more than 1,300 patient-information records; Baylor Regional Medical Center in Texas was hacked after doctors responded to phishing e-mails, exposing the patient information contained in their inboxes, including names, addresses, dates of birth, and even Social Security numbers; and Franciscan Health System in Washington was hacked in a phishing scheme that affected potentially 12,000 patients.

Norton, the developer of Internet security software, recommends several steps to avoid becoming the victim of phishing at work, including being wary of e-mails asking for confidential information; watching out for generic-looking requests for information, as fraudulent phishing e-mails are usually not personalized; and avoiding using links in an e-mail to connect to a website, instead opening a new browser window and typing the URL directly into the address bar.

“This is constantly a threat that we have to be wary of as employees, in part because we have a confidentiality policy and handle health information and other protected information,” Monahan told BusinessWest. “We have to be good stewards of that. There needs to be a sense of vigilance, and we have to enforce it. With almost 13,000 people who work here, there’s no one piece of software that will block this particular type of attack. It comes down to workforce training.”

The attacks can be subtle, and often play on human psychology — including people’s natural curiosity. Brown asked his audience at the Expo what they would do if they found a USB stick on the ground before answering his own question.

“Obviously, if you find a USB stick and don’t know who the owner is, you don’t want to touch it,” he said. “That is one way people get malware infections. If I wanted to infect a company, I’d take 30 USB sticks, put a virus on them, and toss them in a parking lot. I guarantee a half-dozen people would pick them up and stick them in their computers.”

Vincentelli called cybersecurity a cat-and-mouse affair, adding that “I’m not sure who’s who.” But it’s clear that hackers are constantly honing techniques to exploit security weaknesses, and when the target develops a defense, the hackers create a better weapon.

“Unfortunately, they’re always a step ahead, and for those of us in the security industry, to prevent their success, we have to figure out what they’re doing,” he said. “But if you present a soft, open belly, they’re going to dive right in.”

Baystate mailed letters to people who may have been affected on Oct. 21, who were directed to call a phone number staffed by an outside contractor hired by Baystate to walk patients through the process of learning if they had been victimized, Monahan said. In the meantime, the health system vowed to raise their level of awareness of threats that continue to evolve in sophistication.

“There are a million cyberthreats out there in the world, and this is one of them,” he said. “We are constantly working to train our workforce to recognize these threats and stay ahead of them — because the threat is always changing.”

Joseph Bednar can be reached at [email protected]

DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the month of October 2016.

Amherst

Cold Hill Studio
143 Lincoln Ave.
William Wear

Jeffrey Amherst Manor Services
252 West St., #12
Plotkin Software, LLC

Magic Technology
252 West St., #12
Plotkin Software, LLC

Renew Vitality: Nutrition for Energy and Well-Being
324 Middle St.
Rosamond Reed Wulsin

Berkshiretown

Burt’s Garage
71 North Liberty St.
Burt Sjostrom

D&J Global Sourcing
25 Mountain View Dr.
Weifeng Liu

Foto 360
371 North Washington St.
Izudin Lelic

New England Fine Home Building Inc.
26 Jensen St.
Herbert Hodge

Pegasus Services
162 Amherst Road
Hugh Connolly-Brown

RS Publishing Group
534 North Washington St.
Richard Zych

Chicopee

James Wiernasz Home Improvements
30 Asselin St.
James Wiernasz

Nail Garage
104 Lauzier Ter.
Wasana Hannoush

Odessa Transportation
128 Hampden St.
Pavlo Dukach

Easthampton

Childs Lawn Care
30 Chapin St.
Jeffrey Childs

Crimson Canary
25 Lyman Ave.
Lonnie Chu

Elizabeth Benedict, LMHC Outpatient Therapy
181 Northampton St.
Elizabeth Benedict

Hadley Design Works
One Cottage St.
Patricia Hayes

House of Mirth Photos
22 Cottage St.
Stacy Waldman

Juggernaut Glass
116 Pleasant St., Suite 58
Mark Wurtzel

Parkway Storage
9 Industrial Parkway
John and Martha Morin

Union Mart & Smoke Shop
123 Cottage St.
Abdulmannan Bufi

Greenfield

Cathy at the Hair Niche Salon
20 Church St.
Cathy Flood

Denny’s Pantry
469 Bernardston Road
Erin Quintana

Hattapon’s Thai Kitchen
265 Main St.
Hattapon Wattanavat and Beth Greeney

Northeast Vinyl Repair
82 Conway St.
Joel Boie

Hadley

Awn Engineering & Equipment
27 Middle St.
Christian Stanely

Chipotle Mexican Grill
334 Russell St.
Chipotle Mexican Grill LLC

Elite Taw Kwon Do
367 Russell St.
Jung Gyu Li

Holyoke

Carve Beauty Bar
67 Lincoln St.
Christina Regali, Lindsay Murphy, Whitney Simmons, Tiffany Duchesne, and Chelsea Falcett

C-Town Supermarket
13 Cabot St.
Anthony Diaz

Dwight Market
910 Dwight St.
Luis Severino

Massachusetts Artisan Foods
329 Main St.
Anthony Hall and Neftali Duran

Smooth Cleaning Service
10 Wayne Court
Valerie Haynes

Longmeadow

Partners in Scientific Inquiry
534 Park Dr.
Lamis Jarvinen

Straight Gaff Labs
44 Terry Dr.
Stephen McKenna

Ludlow

Brewin Grounds
223 East St.
John Brown

Dan’s Construction Service
865 West St.
Dan Gerasimchuk

Northampton

Bent Brain Studio
38 Orchard St., #2
Karen Lovejoy

C & T Construction
15 Fairway Dr.
Christopher Kellogg

Hair by Debbie
16 Meadow St.
Deborah Stutz

Jupiter Girl
221 Pine St., #447
Caitlin Carvalho

Local Love
24 Lake St.
Jason Rathaus and Alexandra Wagman

The Northampton Olive Oil Co.
150 Main St., Suite 14
Jason Martin

Southwick

Ed Roberts Staffing
72 Vining Hills Road
Ed Roberts

Hodo’s Haven
133 Berkshire Ave.
Gregory Scavetta

Moon Sail Creations and Engraving LLC
11 Great Brook Dr.
Erica Heng

Spike’s Custom Design
280 College Highway
Lawrence Pelletier

Springfield

Able Place Inc.
186 St. James Ave.
184 Bowdoin St.
Elaine Awand

Always Divine G & R
22 McKnight St.
Gladys Rodriguez

An Café
667 Dickinson St.
Thao Thanh Pham

Brenda’s Cakes
70 Knollwood St.
Brenda Carrera

The Brothers Drywall
43 Farnham Ave.
James Alston

C & M Cleaning & Maintenance
430 Belmont Ave.
Charade Cordova

Cloud 9 Marketing Group
13 Onondaga St.
Dylan Pilon

Dani’s Mini Mart
320 St. James Ave.
Lee Ware

East Coast Associates
1 Allen St.
Vincent Monfredo

El Morro Bakery & Restaurant
599 Page Blvd.
Neidy Cruz

Flash Flood Auto Club
150 Cloran St.
Wanda Pierce

Greystone Properties
742 Belmont Ave.
Shawn Summers

La Fritura Restaurant
130 Walnut St.
Darinel Marte

Lucky Nails LLC
415 Cooley St.
Chan Tu

MLA Management LLC
391 Grayson Dr.
Maxine Huang

Mocha Emporium
1623 Main St.
Adel Wahhas

Motivated Minds Promotion
158 Maple St., Apt. D
Evan Cox

Primos Auto Center
125 Main St.
Armando Tereso

Royal Cuts Barbershop
128 Hancock St.
Ivan DeLeon

The Skin & Body Boudoir
1498 Allen St.
Monique Gaudet

That’s Game
80 Brookside Circle
Curtis Lewis

WAMF Consulting
24 Revere St.
Ronald Davis

WDR Services
524-A Main St.
Dwight Gregory

Westfield

Bill Sowa Home Repairs
84 Glenwood Ave.
William Sowa

Ferguson Fire & Fabrication
30 Char Dr.
Ferguson Fire & Fabrication

KC Law
30 Court St., Suite 1
Kevin Chrisanthopoulos

Ugasa Inc.
16 St. Dennis St.
Ash Tamang

West Springfield

Amada Senior Care Central
95 Ashley Ave.
Paul Hillburg

Big Lots #1863
1150 Union St.
Big Lots Stores Inc.

Cassandra Salinardi, MEd, LMHC, LPC
10 Central St.
Cassandra Salinardi

Cooper Works Services
93 Charles Ave.
Ricky Cooper

Foley Connelly Benefits Group
37 Elm St.
Michael Zampeceni

Forza
97 Althea St.
Vladislav Ciloci

Foxy Nails
589 Westfield St.
Vananh Nguyen

Friendly Fuel
75 Union St.
David Vickers

Gary Archambault, DMD, PC
1284 Elm St.
Gary Archambault

Lizet Land Photography and Design
1346 Elm St.
Lizet Land

Phoenix Community Builders
1459 Westfield St.
V. Winston Tate

Solution-Tech Associates
1510 Morgan Road
Gerald Krywicki

Tap House Grille
1506 Riverdale St.
Louis Masaschi

Wilbraham

Concord Electric Supply
2701 Boston Road, Unit 2
David Rosso

Creative Media & Research
17 Nokomis Road
Christine Ricci-Cooley

Feverfew Communications
19 Delmor Ave.
Staffan Tiderman

Kayla Talmadge
2812 Boston Road
Kayla Talmadge

Massage by Carol
2440 Boston Road
Carol Britton

Miles Consulting
9 Lee Lane
Bobbie Miles

One Stop Discount Liquors
2701 Boston Road
Gabriela and Ireneusz Sekowski

Red Robin Gourmet Burgers
2039 Boston Road
Round Robin, LLC

Salon J Inc.
70 Post Office Park, #7005
Rebecca Leonczyk

Tree Solutions Inc.
4 Horseshoe Lane
Jeffrey Slade

Wing Design Contracting
1 Bungalow Point
Alexander Wing

Company Notebook Departments

AIC Named Among Fastest-growing Colleges

SPRINGFIELD — The Chronicle of Higher Education named American International College (AIC) one of the fastest-growing colleges in the U.S. for the fifth time. Among private, nonprofit master’s institutions, AIC placed among the top 20 colleges and universities in the country, ranking 16th, with a nearly 124% growth rate. AIC is the only Massachusetts college or university to place in this category and outpaced the national average growth rate of 21.7% by more than 100%. AIC has more than doubled its enrollment over a 10-year span, 2004-2014. In a categorical comparison to other colleges and universities in Massachusetts, Bay Path University ranked 17th among private baccalaureate institutions with an 82.6% growth rate, and Elms College ranked 18th in the same category with a growth rate of 78.3%. “We believe that a college education is more than academic and intellectual growth,” said AIC President Vince Maniaci. “At AIC, we are committed to the personal, spiritual, and professional development of our students. We identify trends and explore and develop programs that will provide our students with a foundation upon which they can build to reach their full potential. This is a competitive and rapidly changing world. We make every effort to help our students compete successfully in that environment and are proud to be recognized for our efforts.” Data collected for the Chronicle of Higher Education was based on fall enrollments of full-time and part-time students and included all U.S. degree-granting programs with a minimum 500-student enrollment in 2004.

 

Magazine Names Westside Finishing Among Top Shops

HOLYOKE — Westside Finishing has been named one of the best finishing shops in North America, according to an industry benchmarking survey conducted by Products Finishing magazine, a trade publication that has covered the industry since 1938. The magazine conducted an extensive benchmarking survey that analyzed hundreds of finishing companies in several different areas, including current finishing technology, finishing practices and performances, business strategies and performances, and training and human resources. Only the top 50 shops were given the honor of being a Products Finishing ‘Top Shop’ based on a scoring matrix in those four criteria. “Westside Finishing has established itself as one of the best finishing operations in the industry,” said Tim Pennington, editor of Products Finishing magazine. “The criteria we used was very stringent, and only the top finishing shops that excelled in all four areas made the list. Westside Finishing is in rare air when it comes to finishing operations.” Brian Bell, owner and president of Westside Finishing, said he is “extremely excited and pleased to be named one of Products Finishing magazine’s Top Shops for the second year. Our employees and management team have worked very hard to be the best in the industry, and to provide our customers with quality service.”

 

Skoler, Abbott & Presser Earns Tier 1 Ranking

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced it has once again received a Tier 1 ranking in five different practice areas for the Springfield metropolitan area by The Best Lawyers in America. The firm was recognized for its excellence in arbitration, employment law in management, labor law in management, labor and employment litigation, and mediation. Notably, all of these practice areas received Tier 1 rankings, signifying a score within a certain percentage of the highest-scoring firms in the metropolitan area. “We do our best every day to present our clients with legal advice that reflects an understanding of each of their unique businesses,” said Partner Timothy Murphy. “I think the firm’s high degree of expertise and proficiency is demonstrated in our continued ranking as a Tier 1 law firm by Best Lawyers.” Attaining a Tier 1 ranking in so many different practice areas marks a strong combination of quality law practice and expansive legal experience, and reflects one of the highest levels of respect within the legal community, he added. The rankings are based on an evaluation process that includes both client and lawyer evaluations, peer reviews from leading attorneys in specified practice areas, and final reviews from law firms as part of the formal review process and selection. To be eligible for the rankings, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area and metropolitan area. Best Lawyers is the oldest peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor conferred on a lawyer by his or her peers. The Best Lawyers lists of outstanding attorneys are compiled by conducting comprehensive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers.

 

Springfield Museums Wins Grant to Restore Windows

SPRINGFIELD — The Springfield Museums have been awarded a Museums for America grant of $106,592 from the federal Institute of Museum and Library Services (IMLS) to restore and stabilize 20 Tiffany stained-glass windows at the George Walter Vincent Smith Art Museum. These grants are awarded through competitive peer review and require at least a 100% match by the applicant. The program is an essential component of the institute’s goal of sustaining cultural heritage. The 20 Tiffany stained-glass windows are original to the main façade of the historic George Walter Vincent Smith Art Museum, which opened in 1896. The windows have deteriorated because of age, city pollution, and the harsh New England weather. This project includes a provision to protect the windows and their restoration through the addition of exterior tempered glass. The restoration of the Tiffany stained-glass windows will reintegrate these important decorative features with the building as well as greatly increase the effectiveness of the museum’s environmental control system. “These windows are rare and highly significant,” said Kay Simpson, president of the Springfield Museums. “They are the only Tiffany stained-glass windows in existence that were specifically commissioned for an American art museum, and they are a critical element of the overall design of the 1896 museum building. We are grateful to the IMLS for providing us with funding to stabilize and preserve these important stained-glass treasures for future generations.”

 

Elms College Doctor of Nursing Practice Program Earns Accreditation

CHICOPEE — The School of Nursing at Elms College has received accreditation from the Commission on Collegiate Nursing Education (CCNE) for its doctor of nursing practice (DNP) program. CCNE accreditation is a nongovernmental peer-review process that operates in accordance with nationally recognized standards established for the practice of accreditation in the U.S. “The DNP program was a vision and a dream for Elms School of Nursing and our community partners,” said Kathleen Scoble, dean of the School of Nursing at Elms. The DNP degree is a clinical practice doctorate in an advanced specialty of nursing practice for the role of nurse practitioner. DNP graduates from Elms are eligible to sit for advanced certification and licensure in one of two specialty tracks: family nurse practitioner or adult-gerontology acute-care nurse practitioner. Most local programs educate advanced-practice nurses (APRNs) at the master’s level, but — in accordance with the American Assoc. of Colleges of Nursing’s evolutionary position to move the level of preparation necessary for APRN roles from the master’s degree to the doctorate level — Elms College has implemented the clinical doctorate to prepare NPs with the highest level of scientific knowledge and practice expertise. The college has partnered with Baystate Medical System and Berkshire Health Systems, who fund cohorts of nurses to fill critical roles in their organizations now and into the future.

Departments People on the Move
Melyssa Brown

Melyssa Brown

Meyers Brothers Kalicka, P.C. (MBK) announced that Melyssa Brown, CPA, MBA, has been accepted into the American Institute of CPAs (AICPA) Leadership Academy. She was previously honored with a Women to Watch Emerging Leader Award from the Massachusetts Society of CPAs. Brown’s induction into the Leadership Academy took place over the course of a four-day program held earlier this month in Durham, N.C. The prestigious invitation-only program featured interactive dialogue with the profession’s top leaders designed to build on the foundational knowledge perspective of each individual. Attendees were immersed in experiential exercises and self-examination of leadership and how a new strategic vision will positively impact their personal life, career path, and the CPA profession. “We’re very proud of Melyssa’s achievement,” said MBK partner James Barrett. “It’s not her first honor, and it certainly won’t be her last. She started here as an entry-level staff member and quickly went on to become the youngest senior manager in the firm’s history. We look forward to more amazing things from her.” Brown received her bachelor in accountancy degree from Elms College and her MBA in accounting from the Isenberg School of Management at UMass Amherst. She is vice president of the Girls Inc. board of directors and is active in the UMass Family Business Center and the Young Professional Society of Greater Springfield. She was also a BusinessWest 40 Under Forty honoree in 2013.

•••••

Baystate Health has appointed Ben Craft to the new position of Senior Director of Government and Public Affairs. Craft, who has served as the organization’s director of Public Affairs since 2012, is assuming the additional responsibility of government affairs to support Baystate’s needs for strong connections with local, state, and federal government amid continuing rapid change in the healthcare environment. Craft returned home to Western Mass. to join Baystate in 2008, having worked previously at the United Nations and the Wall Street Journal in New York City. His work at the UN included communications and policy advocacy with government, nonprofit, and civil-society partners. He will report to Jennifer Endicott, Baystate’s chief strategy officer and senior vice president of Strategy and External Relations. “With his deep understanding of the challenges facing healthcare providers today and a strong network of relationships in the community and across Baystate Health, Ben is well-positioned to serve as point person for our local, state, and federal government partners,” said Endicott. “He is committed to finding ways to improve the dialogue between our dedicated elected officials and Baystate Health, the largest provider of safety-net services and largest private employer in Western Massachusetts. Ben’s previous experience, particularly at the UN, will be invaluable in achieving this goal.” Craft grew up in East Longmeadow and is a 1996 graduate of UMass Amherst.

•••••

Three new board members have been elected to the Bay Path University board of trustees. Mary Bushnell, Martin Caine, and Andrew Davis will each serve a three-year term which began in June.
Bushnell is a 1974 graduate of Bay Path. She and her husband, David, have been generous donors to the university for 30 years, with their philanthropy having a particular focus on student scholarship. In 2005, she served as co-chair to kick off the Carol A. Leary Endowed Scholarship Fund for First Generation Students. Their support of Bay Path’s “Charting New Paths” campaign was instrumental in launching the American Women’s College, Bay Path’s online degree-completion program. Currently, their support involves providing funds to underwrite a data-based campus study being done to determine which in-school factors contribute to Bay Path graduates’ personal, professional, and/or family success upon graduation. She has served on many boards for the past 30 years, recently completing her tenure of eight years on the board of the Overlook Foundation, which raises funds for the Overlook Medical Center in Summit, N.J.;
Caine is a principal at Wolf & Company, P.C. in Springfield. He has more than 25 years of experience as a certified public accountant, providing audit and advisory services to business owners, executives, and boards of directors. His advisory services include consulting on internal control compliance, acquisitions and divestitures, due diligence, and compensation matters. His industry experience encompasses financial institutions, manufacturing and distribution, and not-for-profit entities. Caine is a frequent speaker on financial topics, particularly in his areas of expertise, accounting and auditing. He is a 1986 graduate of Western New England College and is a CPA in both Massachusetts and Connecticut. He is a member of the American Institute of Certified Public Accountants and the Massachusetts Society of Certified Public Accountants, and serves on the board of advisors at Valley Venture Mentors Inc.; and
Davis is president and managing partner of Chestnut Realty Management, LLC in Springfield. He is responsible for the underwriting and financing of new transactions for the firm’s investment strategies. Prior to forming Chestnut Realty Partners, Davis spent three years with Wallace Capital, managing underwriting in its Florida office and originating bridge real-estate loans; six years at PVI Capital, LLC, a private commercial lender specializing in short-term bridge financing; and five years managing residential acquisitions for GFI Partners, a production builder and real-estate development company. A 2001 graduate of St. Michael’s College, he is a former board member of HAPHousing and serves as chapter forum officer for the Young Presidents’ Organization.

•••••

Berkshire Bank announced the following:
Gregory Lindenmuth has joined Berkshire as executive vice president, chief risk officer, reporting to the bank’s president, Richard Marotta. Lindenmuth joins Berkshire Bank from the FDIC, where he worked for 24 years, most recently as a senior risk examiner for the Division of Risk Management Supervision. Through this position, he has gained expert understanding of capital markets, including investments, derivatives, securitizations, market risk, liquidity/funds management, and mortgage banking. He also excels in modeling profit plans, establishing budgets, and setting strategic objectives. In his new role, he will lead the loan workout, credit, and enterprise risk management teams. Lindenmuth holds a bachelor’s degree in operations management from the Plattsburgh State University of New York and an MBA in corporate finance from Clarkson University. With the FDIC, he was a capital markets, mortgage banking, and fraud specialist and a member of the National Examination Procedures Committee. He also co-developed and co-presented the FDIC’s technical-assistance videos on interest-rate risk and has been an active speaker at New England Directors’ Colleges;
Mike Ferry has been promoted to the position of Senior Vice President, Commercial Regional President, for Berkshire County and Vermont. Ferry brings more than 37 years of industry experience, 30 of which have been spent with Berkshire Bank. Leading the Berkshire and Vermont regions for the bank since 2012, his primary focus is commercial lending and ancillary products and services. He also serves as president of the Berkshire Bank Foundation. Ferry holds a bachelor’s degre from Saint Michaels College in Colchester, Vt. Dedicated to his community, he is currently a board member and Treasurer for Berkshire County ARC, board president of the Berkshire Housing Development Corporation & Berkshire Housing Services Inc., board member and chair of the finance committee for Berkshire United Way, committee member for the Dalton Development and Industrial Commission and a volunteer coach with the Special Olympics Massachusetts; and
Jim Hickson has rejoined the bank as SVP Commercial Regional President for the Pioneer Valley and Connecticut markets. In his new role, he will focus on growing the commercial-lending business, as well as expanding relationships with products and services offered through the bank’s other business lines, including wealth management, private banking, insurance, and retail banking. Hickson brings to the bank more than 26 years of financial experience. His previous roles include commercial banking team leader for People’s United Bank and SVP ABL relationship manager at Berkshire Bank, and he also held positions within TD Bank, KPMG Consulting, and Fleet Capital. Hickson holds a bachelor’s degree from Boston College and an MBA from Boston University. He is board chair and president of the board of directors for Common Capital, a board member for New England Certified Development Corp., and serves on Wilbraham Friends of Recreation.

•••••

Bacon Wilson announced that five attorneys have been named to the 2016 Massachusetts Super Lawyers list of top attorneys in the Commonwealth, and three have been named to the 2016 Massachusetts Rising Stars list. Both rosters appear in New England Super Lawyers magazine. Only 5% of New England’s lawyers are Super Lawyers, with attorneys selected for background, professional experience, achievement, and peer recognition. The following Bacon Wilson attorneys were honored for 2016:
Gary Fialky – Business/Corporate, Banking, Real Estate;
Michael Katz – Business/Corporate, Business Bankruptcy, Consumer Bankruptcy;
Paul Rothschild – General Litigation, Employment and Labor, Personal Injury;
Hyman Darling – Estate Planning & Probate, Elder Law, Tax; and
Gina Barry – Estate Planning and Probate, Elder Law, Residential Real Estate.
Rising Stars are under 40 years of age, or have been practicing law for less than 10 years. Fewer than 2.5% of New England lawyers are named as Rising Stars, including the following Bacon Wilson attorneys for 2016:
• Adam Basch – Construction Litigation, Business Litigation, Personal Injury;
• Benjamin Coyle – Business/Corporate; State, Local, and Municipal; Estate and Trust Litigation; and
Thomas Reidy – Land Use/Zoning.

•••••

Jennifer Halloran

Jennifer Halloran

Bolstering its commitment to reach consumers on their terms, Massachusetts Mutual Life Insurance Co. has appointed longtime financial-services branding and marketing executive Jennifer Halloran as head of Brand and Advertising. Halloran, who is based in Boston and reports to MassMutual Chief Customer Experience Officer Gareth Ross, will oversee the collaborative development and implementation of the company’s initiatives in brand marketing, community responsibility, digital content, and social engagement. She will also be responsible for managing the deployment of the MassMutual brand strategy throughout all channels, as well as in the company’s community-engagement efforts. “We are excited to have someone with Jennifer’s track record of experience in the financial-services industry and business acumen on board to further enable us to drive the MassMutual brand in a way that is consistent with our strategy, and create a consistent experience within the marketplace and with our customers,” said Ross. “Her experience, creativity, and passion for collaboration — underscored by her successes throughout her two-decade career — will be invaluable as we move forward as a company.” Halloran was most recently with Fidelity Investments, where she spent a total of eight years in a variety of leadership roles in marketing, communications, and branding. These responsibilities included managing and executing the redesign of web, digital, and content programs for Fidelity’s Innovation Lab, as well as many other cross-channel digital customer-experience programs. She also held various marketing, communications, and brand-strategy positions with both Mobiquity Inc. and Putnam Investments. She began her career in 1996 with integrated advertising agency Digitas (now DigitasLBi). A graduate of Boston College with a bachelor’s degree in economics and political science, Halloran earned her MBA in marketing/marketing management from Babson College’s Franklin W. Olin Graduate School of Business.

•••••

Amy Royal

Amy Royal

Royal, P.C., a woman-owned, boutique, management-side labor and employment law firm, announced that Amy Royal, principal and founding partner of the firm, has been honored with selection as one of New England’s Super Lawyers and has been included in the 2016 issue of New England Super Lawyers magazine. Super Lawyers consists of attorneys throughout New England who are nominated by their peers as outstanding lawyers; the nomination then goes through an extensive selection process. With more than 16 years of experience, Royal has successfully defended employers in both federal and state courts as well as before administrative agencies in a variety of areas of employment law, including employment discrimination and sexual harassment, unfair competition, breach of contract and wrongful discharge claims, workers’ compensation, and Family and Medical Leave Act (FMLA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA) violations, with a special emphasis in wage-and-hour class actions. Royal regularly advises non-union clients on maintaining a union-free workplace and performs other preventive work such as wage-and-hour law compliance, record-keeping audits, drafting of employee manuals and affirmative-action plans, and management training. In addition, she assists unionized clients during contract negotiations, at arbitrations, and with respect to employee grievances and unfair-labor-practices charges. Royal’s accolades also include Massachusetts Lawyers Weekly’s 2012 Top Women of Law award recognizing her as a top female lawyer in Massachusetts, as well as BusinessWest’s prestigious 40 Under Forty award, recognizing her for outstanding leadership in the Pioneer Valley business community.

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.

 

Hampden Superior Court

Ryan Close, p/p/a Christina Benson v. Dyanne Tappin, MD et al
Allegation: Medical malpractice: $25,000+
Filed: 10/13/16

Kocayne Givner v. J. Savage Inc., Jay Savage, and Gabriela Alcantara Pohis
Allegation: Monies owed for services, labor, and materials: $44,416.67
Filed: 10/13/16

Valerie Carter-Stone, personal representative of the estate of Alfred Carter v. Marc Norris, MD
Allegation: Medical malpractice: $25,000+
Filed: 10/17/16

Jessica Blanchard v. Teavana Corp. and Peter King
Allegation: Employment discrimination: $25,000+
Filed: 10/20/16

 

Hampshire Superior Court

David A. Woods v. Aquadro & Cerruti Inc. and Daniel O’Connell’s Sons Inc.
Allegation: Negligence on construction job site causing personal injury requiring 10 months of treatment: $92,630.28
Filed: 10/17/16

DLW Realty, LLC v. O’Leary Group Inc., MetLife Insurance Co. of Connecticut d/b/a Travelers Insurance Co.
Allegation: Contract dispute: $31,100.68
Filed: 10/17/16

 

Franklin Superior Court

Jerome Willard a/k/a Decorator’s Workroom v. Molly Aitken
Allegation: Monies owed for renovations and improvements to defendant’s property: $72,013.06
Filed: 9/21/16

Paulette Leukhardt v. Amherst College Corp. and Board of Trustees
Allegation: Employment discrimination: $105,209
Filed: 9/26/16

 

Palmer District Court

Perkins Paper LLC v. Malaru LLC d/b/a Blackjack Bar & Grill and Mark Laramee
Allegation: Monies owed for goods sold and delivered: $9,930.78
Filed: 10/5/16

Daily News

SPRINGFIELD — Generational differences in the workplace will be the focus of discussion at the Springfield Regional Chamber December Business@Breakfast on Wednesday, Dec. 7 from 7:15 to 9 a.m. at the Log Cabin, 500 Easthampton Road, Holyoke, sponsored by United Personnel.

Human Resources Management Assoc. of Western New England (HRMA) members Myra Quick, Pam Thornton, and Dave O’Brien will engage in a panel discussion moderated by HRMA member Allison Ebner on the differences between generations, the challenges posed by having multiple generations in the workplace, how to integrate these generations, and the positive impacts each generation has on the workplace. The panel will also discuss how to adjust recruiting practices and onboarding processes to adapt to each generation and what steps employers can take to keep each generation of employees engaged and productive.

The breakfast will also recognize the law firm Robinson Donovan on its 150th year in business as well as Collins Electric Co. on its 110th anniversary.

Reservations are $22.50 for Springfield Regional Chamber members in advance ($25 at the door) and $30 for general admission in advance ($35 at the door). Reservations can be made in advance online at www.springfieldregionalchamber.com or by e-mailing [email protected].

Daily News

LUDLOW — The Gove Law Office announced that Carolyne Pereira has joined the firm as a paralegal focused on real-estate transactions and estate planning.

“Carolyne Pereira will provide experienced and active support to our attorneys working in the diverse practice areas which Gove Law offers our clients” said Michael Gove, the firm’s founding partner.

Pereira is a 2016 graduate of Western New England School of Law, and is scheduled to be sworn in as an attorney of the Massachusetts bar on Nov. 18. She was born and raised in Springfield, and speaks Portuguese and Spanish. She is a member of the Hampden County Bar Assoc., the Massachusetts Bar Assoc., and the Connecticut Real Estate Investors Assoc. She is currently running for pastoral council at Saint Elizabeth Parish in Ludlow, and hopes to work closely with veterans and the elderly.

The Gove Law Office, with offices in Ludlow and Northampton, is a bilingual firm providing guidance to clients in the areas of business representation, criminal and civil litigation, personal-injury law, commercial lending, residential and commercial real estate, estate planning, immigration, and bankruptcy.

Daily News

AGAWAM — Two Massachusetts organizations were recognized as Employer of Choice Award recipients by the Employers Assoc. of the NorthEast (EANE): Shriners Hospitals for Children – Springfield and Venture Community Services of Sturbridge. The awards were given at EANE’s Employment Law and HR Practices Conference luncheon at the Springfield Marriott on Nov. 3.

Employer of Choice Awards recognize companies and organizations for developing workplaces that value employees, foster engagement, invest in training, and reward performance. Past winners view the award as a cornerstone of their company credentials and often highlight the award in recruiting and retention, grants and funding applications, and business development. All winners receive a professional, customized video that spotlights the company’s achievements.

“We received a wealth of great applicants. Regardless of size, the best organizations are measuring employee engagement in some way and using that data to make a difference in a manner they can afford,” said Meredith Wise, president of EANE. “From cool communications tactics leveraging mobile apps to innovative green initiatives to company-paid time off for community service, the array of engagement tools is always inspiring.”

Shriners Hospitals for Children – Springfield is a unique pediatric specialty, research, and teaching hospital providing orthopedic, rheumatology, and cleft lip and palate care using the latest innovations in diagnosis and treatment. The hospital is designed exclusively for children, offering a full range of inpatient and outpatient services under one roof, so children can receive family-centered care and treatment. It treats thousands of children locally and internationally each year regardless of the family’s ability to pay.

Venture Community Services is a not-for-profit human-service agency that provides support to individuals facing diverse challenges through a compassionate and dedicated workforce using innovative practices that encourage independence, empowerment, and opportunity. Its clinical programs include adult foster care, autism support, community day programs, community residences, shared living, supported employment, transportation services, and youth and family support.

Employers from Massachusetts, Connecticut, and Rhode Island who have been in business for at least three years and have a minimum of 25 employees are eligible to participate. Both the company size and its resources are considered in the screening and selection process. Entrants are judged in areas including company culture, training and development, communication, recognition and reward, and work-life balance.

Daily News

WORCESTER — Thirty-seven Massachusetts employers were awarded a total of $533,149 to help train nearly 4,400 employees in workplace safety and the prevention of injury, illness and death, the state Executive Office of Labor and Workforce Development announced today.

“Worker and workplace safety is an important priority for companies and employees across the Commonwealth,” said Gov. Charlie Baker. “We are pleased to award this funding to ensure companies are able to provide training to educate their workers and keep them safe on the job.”

The Department of Industrial Accidents administers and manages the Workplace Safety Training and Education Grant program to promote safe, healthy workplace conditions through training, education, and other preventive programs for businesses and employees covered by the state workers’ compensation law. In fiscal year 2016, the Baker-Polito administration will award a total $700,000 for the safety grant program.

“We are pleased that thousands of workers in the Commonwealth receive training each year in order to make themselves and their work environments safer day to day,” Lt. Gov. Karyn Polito said.

Labor and Workforce Development Secretary Ronald L. Walker made the announcement with the management and employees of Sweet Kitchen Bar, a restaurant, dessert bar, and caterer in Worcester, and one of the grant recipients.

The maximum grant amount per employer is $25,000. Businesses are awarded training grants through a competitive application process. The Department of Industrial Accidents is opening another round of applications soon.

In Western Mass. organizations that received grants include:

• Center for Human Development Inc., Springfield, $9,630. CHD, a nonprofit organization, delivers a broad array of critical social and mental health services. Training will include CPR/first aid;

• Environmental Integrity Company, LLC, Holyoke, $6,527. Environmental Integrity is a full-service electronic recycling and data-destruction company providing green electronic solutions to small, medium, and enterprise customers. Its proposed training includes driver safety, warehouse safety, job-safety analysis, and industrial truck/forklift; and

• Maybury Associates Inc., East Longmeadow, $8,830.20. Maybury is a full-service provider of material-handling products and services. Training will include OSHA 10 & 30.

Daily News

SPRINGFIELD — Robinson Donovan, P.C., a full-service law firm representing individual and business clients throughout Massachusetts and New England, announced that the firm has been honored with nine top-tier rankings by The Best Lawyers in America.

This year Robinson Donovan, P.C., was awarded top-tier rankings in nine different practice areas, across three different tiers in the Springfield metropolitan area. They include Tier 1 rankings in corporate law, personal-injury litigation – defendants, real-estate law, and trust and estate law; Tier 2 rankings in employment law – management, family law, tax law, and litigation, specifically in labor and employment; and a Tier 3 ranking in personal-injury litigation – plaintiffs.

“Attaining so many distinctions across numerous different practice areas speaks volumes about the talented attorneys at the firm,” said Partner James Martin. “These top-tier rankings not only positively reflect on our legal competence as a firm, but also on our proficiency.”

Best Lawyers is the oldest legal peer-review publication. A Best Lawyers selection is broadly regarded by both clients and legal professionals as a significant honor conferred on a lawyer by his or her peers. The Best Lawyers lists of outstanding attorneys are compiled by conducting comprehensive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. Lawyers are not allowed to pay any fee to be included.

The rankings are based on an evaluation process that includes both client and lawyer evaluations, peer reviews from leading attorneys in specified practice areas, and final reviews from law firms as part of the formal review process and selection. To qualify for the tier rankings, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area and metropolitan area.

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced it has once again received a Tier 1 ranking in five different practice areas for the Springfield metropolitan area by The Best Lawyers in America.

The firm was recognized for its excellence in arbitration, employment law in management, labor law in management, labor and employment litigation, and mediation. Notably, all of these practice areas received Tier 1 rankings, signifying a score within a certain percentage of the highest-scoring firms in the metropolitan area.

“We do our best every day to present our clients with legal advice that reflects an understanding of each of their unique businesses,” said Partner Timothy Murphy. “I think the firm’s high degree of expertise and proficiency is demonstrated in our continued ranking as a Tier 1 law firm by Best Lawyers.”

Attaining a Tier 1 ranking in so many different practice areas marks a strong combination of quality law practice and expansive legal experience, and reflects one of the highest levels of respect within the legal community, he added.

The rankings are based on an evaluation process that includes both client and lawyer evaluations, peer reviews from leading attorneys in specified practice areas, and final reviews from law firms as part of the formal review process and selection. To be eligible for the rankings, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area and metropolitan area.

Best Lawyers is the oldest peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor conferred on a lawyer by his or her peers. The Best Lawyers lists of outstanding attorneys are compiled by conducting comprehensive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for an attorney are positive enough for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay any fee to be included on the lists.

Features

Supporting Cast

Neville Orsmond

Neville Orsmond

Neville Orsmond wasn’t thinking about buying the company when he walked into the Thomas & Thomas plant more than three years ago. But by the time he walked back out the door, he was, well, hooked — on the notion of preserving one of the fly-fishing industry’s most famous names, and also preserving what all those who partake in this pastime call a ‘lifestyle.’

When Prince Charles and Lady Diana tied the knot at that quaint ceremony in London back in 1981, President Ronald Reagan and his wife, Nancy, chose as a present for the couple a set of matching bamboo fly rods made by a tiny company in Greenfield called Thomas & Thomas.

As proof — not that anyone doubts him when he tells the story — Neville Orsmond points to a framed thank-you letter of sorts hanging on a wall just inside the main entrance to the company’s plant. Printed on official Buckingham Palace stationery, it reads, in part, “it would be difficult to find finer rods, and they are precisely what are needed for the conditions on Scottish Rivers.”

By that time, of course, the royals were just a few of the global celebrities casting their lot, figuratively but also quite literally, with that famous brand, considered the Rolls-Royce of what is now estimated to be a $10 billion industry. And they would be joined by many others over the ensuing decades.

The list includes Jack Lemmon, Eric Clapton, Ted Williams (a famous baseball player but perhaps an even more famous angler), Dale Earnhardt, Joe Montana (casting became the quarterback’s method of rehabbing an injured shoulder), Joan Lunden, James Seals (of Seals and Crofts fame), business mogul Nelson Peltz, and countless others.

But despite such an illustrious client list, Thomas & Thomas, launched in 1969 by brothers-in-law Thomas Dorsey and Thomas Maxwell, was, by 2013, nearly (if you’ll pardon the expression) dead in the water.

It was still producing fly rods, including the bamboo models that are perhaps its signature, and other products, but fewer of them. And the high standards of quality that had defined the company had fallen in most areas, including perhaps the most important — customer service.

Thomas & Thomas has been considered the Rolls-Royce of the industry

Since it was launched nearly 50 years ago, Thomas & Thomas has been considered the Rolls-Royce of the industry, with a premium on hand-craftsmanship.

Indeed, a cast of successor, mostly absentee owners — Maxwell left the company in the ’80s, and Dorsey sold it in the late ’90s — had failed to make needed investments in everything from branding to manufacturing equipment. And the results were crippling.

This was not exactly what Orsmond, a native of South Africa and serious fly-fishing enthusiast who had relocated to the U.S., was expecting to find when he ventured to the Greenfield plant in late 2013 to personally place an order for several rods. But he quickly became aware of what was happening with this company — or not, as the case may be.

“I heard the company was for sale, and it was in very bad shape,” he said with discernable understatement in his voice. “It was definitely going to go under, and it wasn’t going to be resurrected.”

But seven months and two lawyers later, he found himself the proud but certainly challenged new owner of the venture.

 

I’m just here to steer the company in the right way. At the end of the day, it’s all the great people we have working for us that make us successful. They get to make these rods every day, and it’s my job to go show them off to everyone and get people excited to buy them.”

 

He assumed the title of CEO and its responsibilities, he told BusinessWest, because he wanted to quench some entrepreneurial thirst, but, more importantly, he didn’t want to see the iconic brand vanish from the landscape.

“I didn’t want to let that happen,” he said, adding that, while there is still considerable work to do, the ship has been righted, and the brand has been re-energized, as evidenced by the current seven-month waiting time for a bamboo rod.

When asked how the turnaround came about, he stated simply, “by listening to the right people about what they need in a rod and how we can meet those needs.”

Elaborating, Orsmond said that, soon after taking the helm, he came to understand that his assignment had two main thrusts — “internal and external,” as he put it.

The former involved infusing capital, generating enthusiasm, setting ambitious goals, and creating an environment in which they could be reached. The latter centered around aggressive branding, and, in the simplist of terms, letting the world know that the Thomas & Thomas brand is alive, well, and bound for some serious growth.

And when Orsmond says ‘the world,’ he means it. He’s been traveling to virtually every corner of it over the past few years, promoting his products and the sport of fly fishing, while also making time for what he called a lifelong passion.

And as he talked about those travels and the fishing he’s done during them, he dove for his phone and quickly flipped to pictures of a giant trevally (this one four feet long) he caught earlier this month in Dubai.

The enthusiasm with which he did so spoke volumes about the sport itself, but also why Orsmond is now signing the paychecks at Thomas & Thomas, why there is that wait time for an order, and why optimism abounds at the company.

For this issue, BusinessWest explains how this optimism came to be, and why the future of this brand looks exceedingly bright.

Stream of Consciousness

When talking about where they fish — or, especially, where they landed that huge brook trout — anglers are famous for using purposefully, if not hopelessly, vague language.

The reason is obvious; they don’t want to let the world, or even a few people, know the location of their favorite — and most fruitful — spots.

Orsmond adopts a somewhat similar tack when talking about his company’s products and how they are made.

Indeed, when asked about what goes into manufacturing the rods and what separates them from competitors’ offerings, he talked of “materials” — bamboo, fiberglass, and carbon fiber are the main ingredients — and “techniques,” and was rather stingy with details.

“We have a bunch of secret methods for making these rods, and techniques,” he explained — sort of. “It’s all in the design … and how the rod bends.”

He was far more willing to discuss the philosophy behind the company’s production methods, and the difficulty competitors have with replicating the results, even if they have a Thomas & Thomas rod in their hands as a guide.

“Good luck to anyone trying to reverse-engineer this,” he told BusinessWest, adding that, while there is, indeed, some engineering involved here, rod making and creating the requisite blend of beauty, strength, and balance is as much art and instinct as it is science.

Troy Jacques plies his craft in the bamboo room

Troy Jacques plies his craft in the bamboo room. He’s been making rods there for more than 20 years.

To best explain what he meant by that, he rose from his chair, walked to the back of his office, picked up a metal tube, and very carefully extracted what might best be described as his pride and joy — or at least one of them, anyway.

What slowly emerged was a seven-foot-long, ‘four-weight,’ one-piece bamboo rod made by Thomas Dorsey more than 30 years ago. Now considered an antique that would easily fetch well north of $10,000 if he were to sell it (don’t get any ideas; that is not going to happen), it represents perhaps the essence, and the epitome, of fine rod making, he explained.

“This is a really unbelievable fly rod,” he said while admiring it — again. “It’s very, very difficult to make a one-piece — there just aren’t many people in the world who can do it; everything is hand-made.”

While that rod is indeed rare, the same focus on quality, and the same attention to detail that spawned it, goes into everything that is shipped out the door and to addresses on every continent, Orsmond explained.

While dozens, if not hundreds, of companies make fly rods, he noted, Thomas & Thomas stands out for its handcrafted quality and one-at-a-time approach to production, something he compared to the legendary London-based gun maker Holland & Holland.

And it’s been this way since Thomas Dorsey and Thomas Maxwell, frustrated that they couldn’t find what they wanted in a fly rod on the market, decided to make their own.

They started in Maryland, but soon moved the operation to Franklin County — somewhat out of necessity. The story goes that a rod-making outfit in the Greenfield area went out of business, and the two Thomases bought the equipment. They found the prospect of bringing the machinery home too expensive and logistically difficult, so, instead, they moved their families and their enterprise north.

In little more than a decade, the company had made such a name for itself that the Reagans, or at least the person they charged with finding a wedding gift for the royals, made a call to Greenfield. (Reagan was so enamored of the Thomas & Thomas rods that he also gave one to Australian Prime Minister Malcom Fraser when was he was visiting the White House; legend has it, says Orsmond, that he was having so much fun casting with it on the South Lawn that he was late for an important meeting.)

But by 2008, a combination of factors, especially the Great Recession and its impact on discretionary spending (and a $1,000 fly rod would certainly fit that description) and largely absentee ownership put the company in dangerous whitewater.

Fast-forwarding through what he called the dark times for the company — he wasn’t there for them, and he didn’t care to dwell on them — Orsmond said Thomas & Thomas didn’t exactly lose its way. Rather, it simply lacked the resources and leadership needed to continue doing business as it had historically.

Orsmond, who was living in New York at the time, working for a company that provided automated parking-garage systems, and “fly fishing every weekend,” wasn’t thinking about orchestrating a return to the glory days when he walked into the company’s plant that day more than three years ago. But he waded in with purpose (another industry term), and has never looked back.

Current Events

Returning to those internal and external components of his broad assignment to rejuvenate the company, Orsmond said his job has been to simply pilot the boat, if you will, keep it on course, and let the talented rod makers, some of whom have been plying their trade there for nearly 30 years, do what they do.

“I’m just here to steer the company in the right way,” he explained. “At the end of the day, it’s all the great people we have working for us that make us successful. They get to make these rods every day, and it’s my job to go show them off to everyone and get people excited to buy them.”

Elaborating, though, he said there really has been nothing simple about the resuscitation process, and it is very much still ongoing.

“The external side of this took a lot longer because people needed to believe in this brand again,” he explained. “They needed to understand what we were doing and see what was happening.”

The internal part of the assignment was somewhat easier but still challenging, he went on, because employees needed more than words — they’d heard plenty of those over the years — to regain a sense of confidence and optimism in the brand moving forward.

“They had been let down by all the previous owners going back 10 years,” he noted. “It took a lot of capital investment and a lot of time; there hadn’t been an owner here in a decade to make decisions, speak to our customers, and fully understand who were are.”

Neville Orsmond, seen here with the giant trevally

Neville Orsmond, seen here with the giant trevally he hooked in Dubai, says confidence in the Thomas & Thomas name has been restored.

Much of this hard work has been accomplished, he went on, adding that the task ahead lies mainly in aggressive branding efforts aimed at introducing both the sport and the Thomas & Thomas name to people of all ages, but especially younger audiences, and continuing that process he described earlier of listening to the right people.

This would be customers, many of whom are serious about their fly fishing, and also a core of advisers who rank among the most famous fly-fishing enthusiasts in the world. People like Jako Lucas, from South Africa, an international fly-fishing guide who takes clients to locations ranging from Norway to Mongolia. And Canadian Rebekka Redd, an international fly fisher, TV host, photographer, and author.

“My theory about all this centers on listening to the fly fisherman in the stream,” said Orsmond. “The guy who’s using our rods, the one who’s so proud to hold one and fish with it. We have to listen to him and give him the best product we can every day.”

Looking down the road, or downstream, as the case may be, Orsmond said the company will never be among the giant players in this industry like Orvis, Sage, Winston, and others. But it can grow its share of the market, and he’s intent on doing so.

The company currently manufactures about 3,500 rods per year, and he predicts it can get to perhaps 15,000 in four or five years — and without sacrificing anything of its trademark quality.

“I think we can get a lot bigger; the thing is, though, you don’t want to grow things that quickly. You want to do it slowly but surely,” he said, borrowing the basic philosophy behind the company’s manufacturing techniques he mentioned earlier. “If we grow things out of proportion, we’ll find ourselves with a different set of problems.

“We want to take small steps, and the right steps, to get there,” he went on. “And the steps we’ve taken already show we’re going in the right direction. It’s all from the feedback we’re getting — one e-mail at a time, one fly rod at a time. It’s about making the right decisions and believing in our core values.”

Getting Hooked

Orsmond’s spacious office on the second floor of the non-descript building on Barton Road tells a good deal of the Thomas & Thomas story all by itself. Well, the wall art does, actually.

There are no mounted trophies here, and serious practitioners of fly fishing know why. “We don’t kill fish — we catch and release,” said Orsmond, using ‘we’ to mean himself and most all other enthusiasts.

There are, however, pictures of fish that have been caught and then released, including one of another giant trevally, this one landed by Orsmond in the Seychelles, an archipelago in the Indian Ocean. There are also some prized flies mounted within a frame, as well as a picture of Thomas Dorsey.

And then, there are two powerful pictures, on facing walls, which are simply portraits, if you will, of hands doing close work, presumably involved with making fly rods.

Collectively, this art speaks to what the company does, how it does it, and the lifestyle it is trying to preserve for future generations.

That’s a word Orsmond chose carefully and would use more than a few times in the course of this interview.

“This is not a sport, it’s a lifestyle,” he said of fly fishing before using one of many versions of a phrase used to drive home the point that one doesn’t actually have to catch any fish to enjoy this activity. “The beauty of it is why it’s such a perfect lifestyle; you’re always in a beautiful place fishing — there’s never an ugly place.

“Those who fly fish are responsible — they take care of the Earth,” he went on. “They like to spend their time outside; that’s who they are.”

He could have said more, but he decided to let Thomas Dorsey do some talking — at least through a promotional video the company uses (Thomas is mostly retired and was not available for this article).

And talk he did, about fly fishing — “I’ve always looked at it as an excuse to be in a beautiful place” — and about the art of making rods from bamboo. “It’s nothing really special until it’s made into something,” he said of that wood imported from China. “Any bamboo-rod maker does what he does out of passion.”

A strong desire to continue use of the present tense for such comments is the overriding reason why Orsmond said he bought the company. And he believes he and his team are no longer (to borrow yet another industry term) swimming upstream.

As evidence of this, he concluded his tour of the plant in what’s called the ‘bamboo room,’ and for obvious reasons.

There, Troy Jacques, who has been fashioning rods for more than 20 years, had work to keep him busy until well into next year.

He stopped just long enough to explain the long, slow, difficult process of gluing six slender slices of bamboo together to form the pieces for a bamboo rod.

Each rod takes roughly 60 hours to make, he noted, adding that he’s working on several at a time. There are some of what would be called standard production models, but most rods that go out the door are personalized in some way.

“A lot of customers like to add a little flair to the rod they’re buying,” he explained, such as the 10 he’s working on for one company that will bear the firm’s seal and customized components.

It is this craftsmanship and attention to detail that has set the company apart over the decades, said Orsmond, and these are still the defining qualities.

“We like to say that ours is the ‘rod you’ll eventually own’ — that’s our slogan,” he told BusinessWest. “By the time you’ve bought everyone else’s rod, you’ll say, ‘I really want a Thomas & Thomas.’”

This was true 47 years ago, and thanks to his efforts and those of a large supporting cast, in every sense of that phrase, it is true again.

The goal is to make ‘eventually’ come soon.

exocetrod

The Finish Line

Orsmond says, as one might expect, that one-piece bamboo rod he proudly displayed doesn’t exactly travel well. In fact, that’s how he came to possess it; the previous owner was frustrated with its lack of portability.

Therefore, he limits its use to local ponds and steams — anything he can drive to. Which means there’s not much of a limitation.

“We have all these great trout steams around us — the Deerfield River, the Swift River, and many more,” he explained. “So I can put it in the back of the car and go fish; I don’t have to go far at all.”

Such comments explain why Orsmond classifies his efforts as not merely those to preserve and grow a brand. Rather, they’re about preserving and maybe even enhancing that lifestyle he and others believe is endangered.

“We support the people who have the same beliefs that we do,” he explained, referring to organizations like Trout Unlimited and Jackson Hole One Fly, groups working for the benefit of fish and their habitats. “We don’t have much left … our grandchildren may not be able to fly fish for trout if we keep going the way we’re going.”

Such efforts constitute difficult work, especially given current trends and environmental concerns, but it’s certainly easier when there is passion involved.

That’s the word that has best defined Thomas & Thomas from the beginning, and Orsmond isn’t about to let that disappear from the landscape either.

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

Opinion

Editorial

Years ago, the annual business trade show was a big deal.

It was a time to see the latest technology, find out what was new, discover what was trending, make some connections, and let people know your business could provide valuable products or services.

Well, times have changed somewhat — you don’t need us to tell you that — but the business show can still be a big deal, and this year’s edition of the Western Mass. Business Expo  certainly fits that description.

It will enable exhibitors and attendees to see the very latest technology — from robots to virtual reality to drones used in marketing; to find out what’s trending in everything from employment law to motivating Millennials to closing the dreaded skills gap; to make introductions; and to create some of those all-important connections.

And it’s this desire to generate connections that prompted BusinessWest to inject new energy and life into the Springfield Chamber’s annual business-to-business show, give it a new focus, and take it to a much higher level.

Indeed, while there are many networking opportunities on the calendar each year, none approaches the Expo in terms of both the size of the room and the depth of the opportunities.

Getting back to those connections, they are still needed in the business world today, but real, face-to-face connections are fast becoming as ‘old’ as the fax machine.

It seems that people communicate by e-mail and text these days, using the phone when something a little more personal than those options is required. Seeing people and shaking their hand … well, not so much. People rarely even go out to lunch anymore, preferring their desk or the conference-room table and solitude.

Not that there’s anything wrong with that.

But to do business and understand what’s happening in the business community, people need to get out more. And because there isn’t much time, they need to maximize their opportunities when they do get out. That’s not the official motivation behind the Expo, but it might as well be.

This year, attendees can go back to their offices better informed about:

• Innovation districts and efforts to create them;
• Millennials — what drives them, what motivates them, what keeps them at your company instead of looking for opportunities elsewhere, and much more;
• The skills gap and the many initiatives being undertaken to close it, including ongoing work to inspire young people to pursue STEM careers by conceptualizing, designing, building, and then competing with robots;
• Virtual reality and how to generate and then realize opportunities to seize the tremendous potential of what is being described as disruptive technology;
• Inspiration and perseverance, such as that displayed by a Boston Marathon bombing survivor who found the courage and determination not to let horrible injuries get in the way of her life and her dreams;
• Stories of entrepreneurship talking place across the region, through both a pitch competition and a ‘Where are They Now?’ program created to showcase the progress made by several startups;
• Marketing strategies, why they work, and why they might not; and
• Big Data, the cloud, drones, SEO (search-engine optimization), computer security, and many of the other high-tech developments and trends shaping business today.

Add it all up, and it yields one giant opportunity — to see, be seen, learn, become inspired, and inspire others.

In short, it’s an opportunity not to be missed.

Health Care Sections

Smart Shopping

Paula Serafino-Cross

Paula Serafino-Cross says canned fruit packed in its own juice or pre-cut fruit are healthy snacks that many children enjoy.

What people eat can have a profound impact on their health, energy level, the way they feel, and their overall well-being.

But it all begins at the grocery store, where a myriad of temptations can lead shoppers to put foods in their cart that have little or no nutritional value.

“We live in a fast-paced society and eat in response to the visual, or what looks good to us. But if you want to be healthy, you have to prioritize, take time to plan meals, stick to a grocery list, avoid shopping when you’re hungry, and cook using a lot of vegetables,” said Paula Serafino-Cross, a clinical dietitian from Baystate Health Food and Nutrition Services. She added that cooking in today’s world does not have to be time-consuming, thanks to precut fruits and vegetables and products like frozen brown rice.

However, she suggests keeping granola bars or fruit in the car that can be eaten quickly to prevent going into a store hungry or stopping for fast food.

“There is a lot of great food in stores. You just have to figure out where it’s located,” she noted.

Susan Mazrolle agrees. “I’ve given tours to groups of medical students who were well-educated but didn’t know much about buying food and cooking it,” said the in-store consultant dietitian for Big Y in the Springfield region.

She noted that many people are frugal at the grocery store but extravagant in other areas that are not important. “It’s better to spend your money on healthy food than at the doctor’s office. There are good and bad choices throughout the store; healthy shopping doesn’t have to cost a lot, but you have to know what to buy.”

Theresa McAndrew, a Unidine dietitian at Holyoke Medical Center, agrees. She has spoken to many people who have told her they don’t know how to shop well. She tells them not only to read labels, but to pay attention to portion size, as it can be deceiving.

Indeed, Americans have super-sized their expectations about what a serving should look like, and the amount most consider to be normal is not accurately reflected on the Nutrition Facts labeling on packaged foods and beverages.

To correct that problem, the Food and Drug Administration has issued new standards that must be implemented by July 2018. The goal is to bring serving sizes closer to what people actually eat, so when they look at calories and nutrients on a label, it is be more in line with what they are accustomed to putting on their plate. A single serving is not a recommended amount of any food product, but only meant to reflect what the average person consumes.

For example, few people limit themselves to a half-cup of ice cream, which is the amount listed on half-gallons today, so when the new law becomes effective, the serving size will go up to two-thirds of a cup.

“People sometimes buy products based on calorie count, but then consume far more than one serving,” McAndrew noted.

Susan Mazrolle

Susan Mazrolle says many people don’t stop to think about how the food they eat can impact their health.

Other factors that can be confusing include sugar content. There is a difference between natural sugars, which are found not only in fruits, but in products such as milk and plain yogurt, and artificial sugars that are often added to products. The new labeling standards will differentiate between the two types of sugar, which is important in terms of health.

People also make choices based on price, which can work well if you know what to buy, but work against you if you don’t. For example, dietitians say Ramen Noodles are a poor choice because the product is filled with salt and saturated fat, while Annie’s Macaroni & Cheese is a better choice as it doesn’t contain artificial colors or flavors, and adding a few vegetables can bump up its nutritional value.

They know it can be difficult to avoid a buy-one, get-two-free sale, which is an excellent choice if the product is frozen vegetables, but a poor one if it’s ice cream.

“Do you really need three half-gallons calling your name?” Serafino-Cross asked, noting that people who have a difficult time with portion control can still enjoy treats in pre-measured sizes, such Diana Banana Babies, which are frozen bananas dipped in chocolate, or individual Hoodsie cups, which are better than a heaping dish of ice cream.

“Moderation is the key. A few individual bags of potato chips a week won’t hurt you, but people get in the habit of eating an entire large bag,” she told BusinessWest, explaining that eating mindfully without doing other things at the same time and savoring the taste of food allows people to be aware of how much they are eating and how it tastes.

She recommends that people who are interested visit thecenterformindfuleating.org,‎ which contains useful information on health conditions and how to address problems such as overeating.

Helpful Initiatives

Big Y kicked off its Living Well Eating Smart program in 2005, which includes a free, 12-page publication that is published every other month. Each edition has a theme and contains easy-to-prepare recipes featuring products that are on sale.

Big Y also hosts cooking demonstrations, grocery-shopping tours, and health-related events in conjunction with its pharmacies on topics such as cancer prevention.

“The premise is to help shoppers cut through confusing information and products and make their health goals more obtainable,” said Carrie Taylor, lead registered dietitian for the program. “What you bring into the house will impact what you serve, and if it is more convenient, you will be more inclined to eat it.”

She added that Big Y wants consumers to know there are healthy foods they can buy that are easy to prepare. They range from sushi to frozen fruit that can be put into smoothies; pre-washed, bagged lettuce and other greens; pre-cut fresh fruit; frozen vegetables in bags; single-cup servings of brown rice; and frozen fish fillets.

Taylor receives up to 50 e-mails each month that contain feedback from customers and questions that range from information about specific food products to how to follow a meal plan after being diagnosed with a disease.

Big Y’s free shopping tours, with themes that range from weight loss to heart health, are popular, and some people attend multiple sessions.

“We can show you ways to eat healthy with foods that are right at your fingertips that you may not have seen before,” Taylor said, adding that people can also learn how to make changes gradually. For example, it’s easy to make a healthy snack by mixing whole-grain cereal with walnuts and raisins, and if children are used to eating sugary cereals, mixing them half-and-half with healthier brands and slowly increasing the amount of the low-sugar cereal can make change easier.

Mazrolle has conducted many tours in Big Y stores, and says people often fail to consider how the food they eat impacts their health.

Tours start in the produce section, where textures, colors, and tastes are abundant. She talks a lot about easy cooking and provides shoppers with simple suggestions, such as sautéing catfish in a pan with olive oil and adding crushed pecans; adding minced and sautéed mushrooms to ground beef in tacos; and putting pre-cut peppers and onions in a pan with chicken or shrimp and adding bottled dressing, herbs, or teriyaki sauce.

Meanwhile, ChooseMyPlate.gov says half of each plateful of food should be filled with fruits and vegetables, and at least half of any grains should be whole; a sweet tooth can be satisfied with a fresh-fruit cocktail or fruit parfait made with yogurt; and a baked apple topped with cinnamon can be a hot, healthy treat.

Learning Curve

McAndrew said people with diabetes should stay away from foods with added sugars because they have no nutritional value and can cause blood sugar to rise.

Also, individuals with heart disease need to watch their intake of saturated fat because it contributes to blockage of the arteries, and should instead choose cuts of meat that are lean.

It can be difficult to alter your shopping habits if you are diagnosed with one of these conditions, but small changes, such as noting the sodium content listed on food labels, can make a big difference over a lifetime.

“Everyone is tempted by different foods, but there are a lot of components to healthy shopping. Most people like textures, flavors, and taste, which is the reason they eat too much of foods like ice cream. But it’s possible to be satiated with less if there is fiber in the food,” McAndrew said, adding that sprinkling nuts on ice cream makes it a lot more filling.

However, reducing sodium intake is one of the most difficult changes to make, so McAndrew suggests doing it gradually. “You’re more apt to be successful if you take small steps, which is especially important if you have been eating a high-fat, high-sodium diet. Salt is a flavor enhancer, so it’s in almost everything, and going without it is one of the hardest things for our taste buds to adapt to,” she explained.

Curbing cravings for foods loaded with sugar can also be difficult, but, again, it’s a matter of making small changes.

Another obstacle to healthy eating is the time it takes to prepare nutritious food. But grocery stores have begun catering to people with busy schedules, and shelves contain pre-cut fruits and vegetables, bagged salad greens which often come with dressing, and pre-roasted chickens that are easy to serve and a much better choice than fried chicken or frozen chicken nuggets.

“I always look for the best alternative when I shop,” McAndrew said. “There is a lot more information out there than there used to be, and it’s worth taking the time to go on a supermarket tour.”

She suggests making a menu at the beginning of each week and sticking to it; the menu doesn’t have to be detailed, but it can help guide decisions during the week, and giving children choices and having them cook alongside you can inspire them to change their eating habits.

McAndrew says parents often bake cookies with their children, but making homemade chicken nuggets or soup, which can be frozen into individual portions, can capture their interest and lead them to make healthy choices.

What children drink is also important: the American Academy of Pediatrics recommends giving them water or milk rather than juice.

“Studies have shown that children who exhibit poor growth are often filling up on juice that takes away their appetite,” Serafino-Cross said. “Parents think they are buying something that is healthy, but juice is not needed in a diet.”

Ongoing Change

Taylor says the best intentions often go awry, but every day is an opportunity for a fresh start.

“Big Y’s philosophy is to help people reach their goals by making one small change at a time. We don’t have diet sheets or tell people, ‘eat this, but don’t eat that,’”she said. “We meet shoppers where they are, and if you are willing to shift the way you spend your money, it can make a real difference in your health.”

With obesity on the rise, it can also make a difference in your waistline, how you feel, and the number of visits you pay to the doctor in the future.

Departments People on the Move
Anne Thomas

Anne Thomas

Paul Nicholson, chair of the board of directors for Glenmeadow, announced that Anne Thomas has accepted the position of President and CEO, and will begin work with the nonprofit on Nov. 1. Thomas most recently served as vice president of residential health at JGS Lifecare in Longmeadow, and she has over 25 years of experience working with seniors. “She has strong operational, interpersonal, team-building, and financial-management skills,” Nicholson said. “Most importantly, though, her career has been devoted solely to older adults, and she is passionate about the people she serves, including the staff members she leads. She has demonstrated that she is a driven leader.” Thomas holds a bachelor’s degree in social work from Providence College in Rhode Island and a master’s in social work from Hunter College in New York. “I’m truly excited about the opportunity to lead Glenmeadow as its next CEO,” Thomas said. “Glenmeadow has earned its stellar reputation by its deep dedication to improving the lives of older adults. As a core value, I have always believed later life should be the best part of life. This philosophy is embedded in the Glenmeadow community, so I was immediately attracted.”

•••••

Matt Roberts

Matt Roberts

Matt Roberts recently joined the Gaudreau Group Insurance and Financial Services Agency of Wilbraham as a Business Insurance Service & Sales Assistant. He specializes in helping identify gaps in commercial insurance coverage, as well as areas in which a business may have been overinsured, which results in better control over costs while achieving more solid coverage. “Matt delivers real value to our clients by helping them understand their insurance cost drivers, especially workers’ compensation. He utilizes our industry-leading technology, including forecasting tools and predictive budget analysis, to help our clients stay proactive and have better control over their insurance dollars,” said Jules Gaudreau, president of the Gaudreau Group. Roberts has been in the insurance industry since 2011, when he started his career with a large national carrier. He is a graduate of Lasell College in Newton, with bachelor’s degrees in both accounting and business management.

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Daniel O’Connell

Daniel O’Connell

Sarah Ornelas

Sarah Ornelas

Springfield-based law firm O’Connell & Plumb, P.C., announced that attorney Daniel O’Connell was named to the 2016 New England Super Lawyers list in the area of Plaintiff Employment Litigation, and attorney Sarah Ornelas has been named to the 2016 New England Super Lawyers’ Rising Stars list in the area of Plaintiff Employment Litigation. This is the second consecutive year that both O’Connell and Ornelas have been included on these lists. According to the webpage for Super Lawyers, it is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. O’Connell and Ornelas both focus their practice in the areas of employment-based discrimination, sexual harassment, retaliation, and wrongful termination.

•••••

Jennifer Bujnevicie

Jennifer Bujnevicie

Laura Dennis

Laura Dennis

Country Bank announced that Jennifer Bujnevicie and Laura Dennis have been promoted to the position of Regional Managers of the bank’s Retail Banking division. Bujnevicie has been in the banking industry since 2004 and has held several positions during her tenure at Country Bank, beginning as a teller, and just prior to this promotion as operations manager. “I have a passion for customer service and a great love for helping people,” she said. Bujnevicie holds a human resources certificate from the Center for Financial Training, and is currently enrolled in the New England College of Business & Finance, pursuing a degree in business administration. She is a self-proclaimed animal lover and often volunteers her time at the Second Chance Animal Shelter. Dennis joined Country Bank while still in high school as a part-time file clerk in 2000, and became a full-time staff member upon her graduation. She began her career in the Collections department, but then moved to retail banking to be with the customers, and has been there ever since. “I am passionate about working with my team and helping them develop in their positions. The greatest reward for me personally is seeing them reach their professional goals,” she said. Dennis graduated from the New England School for Financial Studies in 2015 and serves as the treasurer for both the Palmer and Belchertown units of the Salvation Army. “I’m very excited to work closely with Jenn and Laura as they lead our branch staff to continued success focused on excellence in customer service and product delivery,” said Brady Chianciola, first vice president of Retail Banking. “They bring with them a wealth of knowledge from the retail aspect of banking as well as a true sense of community, which is so important to Country Bank.”

•••••

Skoler, Abbott & Presser, P.C. announced that three of its attorneys were honored by Super Lawyers for 2016. Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor:

Ralph Abbott Jr.

Ralph Abbott Jr.

• Ralph Abbott Jr. was listed in Super Lawyers in the categories of employment and labor law. A partner since 1975, Abbott is known throughout the legal community for his work representing management in labor relations and employment-related matters, providing employment-related advice to employers, assisting clients in remaining union-free, and representing employers before the National Labor Relations Board (NLRB). He also has numerous credits as an author, editor, and teacher, and a record of civic and community involvement. Since 2010, he has been ranked as one of the top labor and employment attorneys in the state of Massachusetts by the prestigious Chambers USA rating firm;

• Susan Fentin

• Susan Fentin

• Susan Fentin was listed in Super Lawyers in the categories of employment and labor law. She has been a partner at the firm since 2004. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws and representing employers before state and federal agencies and in court. She speaks frequently to employer groups, conducts training on avoiding problems in employment law, and teaches master classes on both the FMLA and ADA. She has also been ranked as one of the top labor and employment attorneys in the state of Massachusetts by the prestigious Chambers USA and was named one of the Top 50 Women in the Law in 2015; and

Jay Presser

Jay Presser

Jay Presser was listed in Super Lawyers in the categories of employment and labor law. Presser has more than 35 years of experience litigating employment cases. He has successfully defended employers in civil actions and jury trials and handled cases in all areas of employment law, including discrimination, sexual harassment, wrongful discharge, wage hour, FMLA, ERISA, and defamation. He has won appeals before the Supreme Judicial Court and the First and Second Circuit Courts of Appeals, and represented employers in hundreds of arbitration cases arising under collective-bargaining agreements.

•••••

Judi Real

Judi Real

The DiGrigoli Companies (which includes DiGrigoli Salon, DiGrigoli School of Cosmetology, and DiGrigoli Seminars) announced that Judi Real has been promoted to Creative Director. Real started with the company in February 2015 as executive assistant to the CEO, Paul DiGrigoli. From the beginning, her passion for marketing and advertising stood out, and she has been instrumental in many social-media and printed marketing campaigns for all three branches of the company. With her previous position successfully filled, she is now able to devote all of her time to marketing, brand development, and advertising.

Chamber Corners Departments

FRANKLIN COUNTY CHAMBER OF COMMERCE
www.franklincc.org
(413) 773-5463

• Nov. 18: November Chamber Breakfast with John B. Jurst, 7:30-9 a.m., at Greenfield Country Club, 171 Country Club Road, Greenfield. The speaker will be John Hurst, President of RAM, the Retailers Assoc. of Massachusetts. RAM is a trade association that represents some 3200 retail stores by advocating for them in this changing retail climate. RAM voices concerns about potential legislation, labor laws and rights, compensation, loss prevention, and other factors related to retailing, whether a megastore or the mom-and-pop shop downtown. What is the future of retailing? This discussion is a timely one just before holiday shopping begins. Cost: $13 for members, $16 for non-members Register by Nov. 11 at www.franklincc.org or by calling (413) 773-5463.

• Dec. 16: Annual Holiday Breakfast, 7:30-9 a.m., at Deerfield Academy, 7 Boyden Lane, Deerfield. A bountiful buffet will be presented by the Academy chefs. The program will be sponsored by the Recorder, and tributes will be offered to the recipient of its Citizen of the Year award. A selection committee pores over the many nominations that are received and makes the difficult choice just prior to the event. Awardees are recognized for their volunteer work in their community, as well as many acts of kindness during their lives. There are also gift bags for those attending. Register early at www.franklincc.org or by calling (413) 773-5463.

GREATER CHICOPEE CHAMBER OF COMMERCE
www.chicopeechamber.org
(413) 594-2101

• Nov. 1: Multi-Chamber Business After Hours, 5-7 p.m., at Mill 180 Park, 180 Pleasant St., Easthampton. Cost: $10 members, $15 for non-members.

• Nov. 16: Salute Breakfast, 7:15-9 a.m., hosted by Collegian Court restaurant, 89 Park St., Chicopee. Cost: $23 for members, $28 for non-members.

GREATER EASTHAMPTON CHAMBER OF COMMERCE
www.easthamptonchamber.org
(413) 527-9414

• Nov. 9: Hampshire County Business Bash, 5-7 p.m., at the Lord Jeffery Inn, Amherst. A tri-chamber business-expo networking event. Enjoy business building, networking, complementary appetizers, cash bar, and local brewery beer tasting. Cost: $10 for members, $15 for non-members. Register online at www.easthamptonchamber.org or by calling the chamber at (413) 527-9414.

• Nov. 10: Checkpoint Legislative Summit, 11 a.m.-2:30 p.m. Hosted by the Log Cabin, 500 Easthampton Road, Holyoke. The Chamber of Greater Easthampton joins in presenting a multi-chamber event with the Chicopee, Hadley, Holyoke, and Westfield chambers. Bring your questions or concerns to this open forum with area legislators, featuring keynote speaker Lt. Gov. Karen Polito. Cost: $45 for members registering before Oct. 31, $55 for non-members. After Oct. 31, all registration will be $55. For more information or to register, visit www.easthamptonchamber.org, or call (413) 527-9414.

• Dec. 2: Greater Easthampton Chamber of Commerce SnowBall, 6 p.m., hosted by Garden House at Look Park. This holiday celebration begins at 6 p.m. with a cocktail hour, followed by dinner at 7 p.m. served by Myer’s Catering, and the evening ends with dancing to live music by Maxxtone. Cost: $75 per person. Reservation deadline is Nov. 23. For more information or to register, visit www.easthamptonchamber.org or call the Greater Easthampton Chamber at (413) 527-9414.

GREATER HOLYOKE CHAMBER OF COMMERCE
www.holyokechamber.com
(413) 534-3376

• Nov. 6: Checkpoint 2016 Legislative Symposium Luncheon, 11 a.m.-3 p.m., hosted by the Log Cabin. The keynote speaker is Lt. Gov. Karyn Polito. More than 20 local legislators are invited to attend as part of a panel discussion. Attendees are encouraged to bring their questions to ask in an open forum. Presented by the Holyoke, Chicopee, Easthampton, South Hadley, West of the River, and Westfield chambers of commerce. Registration and networking at 11 a.m., followed by lunch, speakers, and Q&A session. Cost: $55. Call (413) 534-3376 to sign up, or register online at holyokechamber.com.

• Nov. 9: Chamber Coffee Buzz, 7:30 t 8:30 a.m., hosted by Greater Holyoke YMCA. Sponsored by Whittlesey & Hadley, P.C. Coffee sponsored by Spradley Deluxe Coffee. The Coffee Buzz series is a morning networking program that provides chamber members and guests the opportunity to make new contacts and exchange business information over a light breakfast.  Join the Y team members for a tour of the facility and hear all the great things that the Y has to offer. No charge for members of the business community. Call the Holyoke chamber at (413) 534-3376 to sign up.

• Nov. 18: Chamber After Hours, 5-7 p.m., hosted by Homewood Suites. The Greater Holyoke Chamber of Commerce Ambassadors will be collecting lightly worn, professional shoes for Dress for Success and men’s apparel for Suit Up Springfield. A representative from Dress for Success will be on hand to answer any questions. Suit Up Springfield helps provide professional attire to young men in the Greater Springfield area, and allows continued building of professional development and mentorship programs.  Plenty of freezable baked sweet breads will be on hand to purchase in time for the holidays. Cost: $10 for members, $15 for non-members and at the door. No invoicing under $20. Call the chamber at (413) 534-3376 if you would like to bring a door prize or if you would like a marketing table for $25. Sign up online at holyokechamber.com.

GREATER WESTFIELD CHAMBER OF COMMERCE
www.westfieldbiz.org
(413) 568-1618

• Nov. 1: Greater Westfield Chamber of Commerce 5 Chamber Business After 5, 5-7 p.m., hosted by Mill 180 Park, 180 Pleasant St., Easthampton. Presented in partnership with the Greater Chicopee, Greater Easthampton, Greater Holyoke, and West of the River chambers. You won’t want to miss this unique event at an indoor urban hydroponic park. Cost: $10 for members, $15 for non-members. To register, call (413) 568-1618 or visit www.westfieldbiz.org.

• Nov. 7: Mayor’s Coffee Hour with Westfield Mayor Brian Sullivan, 8-9 a.m., at Netlogix, 48 Court St., Westfield. This event is free and open to the public. Call Pam at the chamber office at (413) 568-1618 to register.

• Nov. 9: After 5 Connection, 5-7 p.m., at the Holiday Inn Express located at 39 Southampton Road, Westfield. Sponsored by It’s PAWSible! Dog Training Center. Refreshments will be served. Bring your business cards and make connections. Cost: free for members, $10 cash for general admission. To register, call the chamber office at (413) 568-1618.

• Nov. 16: 56th annual Meeting and Awards Dinner, 5:30 p.m., at East Mountain Country Club, 1458 East Mountain Road, Westfield. Congratulations to 2016 award winners: Firtion Adams, 2016 Business of the Year; Westfield Technical Academy, 2016 Nonprofit Business of the Year; and George’s Jewelers. Inc., 2016 Lifetime Achievement Award. The event sponsor is Staples, and the registration table sponsor is the Gaudreau Group. Sponsorship opportunities are still available. Cost: $50 for chamber members, $60 for general admission. RSVP by Nov. 11 appreciated, but no refunds after that date.

PROFESSIONAL WOMEN’S CHAMBER
www.myonlinechamber.com
(413) 787-1555

• Nov. 3: PWC Expo Headline Luncheon, 11 a.m.-1 p.m., at the MassMutual Center, 1277 Main St., Springfield. Featuring Andrea Haslet-Davis, ballroom dancer, runner, and Boston Marathon bombing survivor. Cost: $40. Reservations may be made online at www.springfieldregionalchamber.com.

SOUTH HADLEY & GRANBY CHAMBER OF COMMERCE
www.shgchamber.com
(413) 532-6451

• Nov. 3: Spotlight on South Hadley Businesses, 7-9 p.m., at South Hadley High School. After leaving BusinessWest’s Western Mass. Business Expo, have dinner, then go to Spotlight on South Hadley Businesses. Know Your Town and the South Hadley & Granby Chamber of Commerce are partnering to host a free program featuring your business. It’s like a chamber table-top or craft-fair event, but it’s free to businesses and the public. It’s free to have a table with your business information and promotion (posters, takeout menus, job applications, handouts, business cards, etc.). E-mail [email protected] to RSVP or to have questions answered about this opportunity.

SPRINGFIELD REGIONAL CHAMBER
www.myonlinechamber.com
(413) 787-1555

• Nov. 3: Springfield Regional Chamber Expo Business@Breakfast, 7:15-9 a.m., at the MassMutual Center, 1277 Main St., Springfield. Featuring Laura Masulis, MassDevelopment fellow, speaking on “The Rise of Innovation.” Cost: $30 for members in advance, $30 for general admission, and $35 for walk-in admission. Reservations may be made online at www.springfieldregionalchamber.com.

• Nov. 9: Springfield Regional Chamber Lunch ‘n’ Learn, 11:30 a.m.-1:30 p.m., at the Colony Club, 1500 Main St., Springfield. “The New Overtime Law and the Pay Equity Law — Their Impact to You” will be presented by John Gannon, attorney with Skoler Abbott & Presser, P.C. Cost: $25 for members, $35 for general admission. Reservations may be made online at www.springfieldregionalchamber.com.

• Nov. 15: Springfield Regional Chamber Speed Networking, 7:15-9 a.m. Location to be determined. Cost: $20 for members in advance ($25 at the door), $30 for general admission. Reservations may be made online at www.springfieldregionalchamber.com.

• Nov. 17: Springfield Regional Chamber Government Reception, 5-7 p.m., at the Carriage House, Storrowton Tavern, 1305 Memorial Ave., West Springfield. An evening of informal conversation with local and state leaders. Cost: $50 for members in advance, $70 for general admission. Reservations may be made online at www.springfieldregionalchamber.com.

WEST OF THE RIVER CHAMBER OF COMMERCE
www.ourwrc.com
(413) 426-3880

• Nov. 1: Coffee with Mayor Cohen, 8-9:30 a.m., at the Agawam Senior Center Coffee Shop, 954 Main St., Agawam. Join us for a cup of coffee and a town update from Mayor Richard Cohen. Questions and answers will immediately follow. For more information, contact the chamber office at (413) 426-3880, or e-mail [email protected].

• Nov. 15: Coffee with Mayor Reichelt, 8-9:30 a.m., at the West Springfield Public Library Community Room, Park Street, West Springfield. Join us for a cup of coffee and a town update from Mayor Will Reichelt. Questions and answers will immediately follow. For more information, contact the chamber office at (413) 426-3880, 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.

Hampden Superior Court

Rafael Rodriguez Ruiz v. Mercy Medical Center
Allegation: Medical malpractice, wrongful death
Filed: 10/3/16

Nixzaliz Ramos-Espinosa and Pedro Rivera v. Patrick Lee, MD
Allegation: Medical malpractice: $25,000+
Filed: 10/4/16

Ondrick Materials & Recycling LLC v. Commercial Development Services Group LLC, 66 Holyoke LLC and Shield Hotel Management LLC
Allegation: Monies owed for services, labor, and materials: $136,725.15
Filed: 10/12/16

Donald Laxton and Carol Laxton v. PH Realty Apartments, LLP
Allegation: Slip and fall causing injury: $722,654.84
Filed: 10/13/16

Hampden District Court

Barbara Coudineau v. Anthony Cirillo d/b/a Twisty’s Ice Cream
Allegation: Slip and fall causing injury: $7,988.34
Filed: 8/16/16

Ethel Hill v. Costco Wholesale Corp. and Sunopta Inc.
Allegation: Negligence (foreign object in soy milk) causing injury and physical and emotional upset and distress
Filed: 8/25/16

Hampshire Superior Court

Nancy Manchino and Robert Manchino v. Dr. Patrick Boyce, Laurette Patten, Cooley Dickinson Physician Hospital Organization Inc., South Hadley Internal Medicine, Baystate Medical Center, and Baystate Health Inc.
Allegation: Medical malpractice: $75,000+
Filed: 10/4/16

Dylan Scott v. Wyckoff Country Club Inc., Diane Wojtowicz, Lynn Stebbins, and Tami Kelley
Allegation: Wage, retaliation, and related claims: $100,000
Filed: 10/6/16

Glenn A. Calhoun v. Guerra LLC, 1 Bridge St. Inc., and Spoleto Inc.
Allegation: Negilgence causing personal injury requiring multiple surgeries and resulting in permanent disabilities and lost earning capacity: $534,033.64
Filed: 10/7/16

Franklin District Court

Benjamin Williams v. Eric Cooper, Springfield Terminal Railway Co., Pan Am Railways Inc., and Liberty Mutual Insurance Co.
Allegation: Motor-vehicle accident causing injury: $8,937.74
Filed: 9/9/16

Steven Goldsher v. Allan Cadran d/b/a Replay Music
Allegation: Failure to pay rent and utility fees: $17,200
Filed: 9/20/16

Palmer District Court

Peggy Patyrnak v. Diamond Junction Bowling Lanes Inc.
Allegation: Negligence; plaintiff injured leg and ankle on slippery, recently refinished bowling lane: $10,442.53
Filed: 9/30/16

DBA Certificates Departments

The following business certificates and trade names were issued or renewed during the months of September and October 2016.

Amherst

Balcony Booking
26 Mill Lane
Connie White and Greg Kendall

Deepening Roots Farm and Food
793 Bay Road
Heather Ernst and Andrew Korza

LiLi’s Chinese Restaurant
197 North Pleasant St.
Li Jia

Momo
23 North Pleasant St.
Jamyang Wangchuk

Tea Cups
230 West St.
Gladys Siqueira

Berkshiretown

Barking Bubbles Inc.
119 Federal St.
Angela Gaj

Cottage Industry
10 Cottage St.
Deborah Harbison

Dednor Wine Consulting
16 Old Bay Road
William Dednor

HIC
20 Hancock Hollow
Wayne Versace

P&L Machine
382 South Washington St.
Paul Barrows

Rocket Internet Security
191 North Washington St.
Glenn Murphy

Scenic Candlescape Designs
185 Summit St.
Lacie Banks

Chicopee

CJF Canvassing Specialists
17 Falcon Circle
Christopher Frappier

MJK Cleaning Co.
97 Arnold St.
Magdalena Guzek

New England Keratoconus Consultants
Dr. David Momnie
113 Center St.

Raczkowski Home Improvement
67 Pendexter Ave.
Jerzy Raczkowski

Easthampton

Amber Barlow Enterprises
98 Oliver St.
Amber Barlow

Comics N’More
31 Union St.
Christian Reader

David Chu Webworks
25 Lyman Ave.
David Chu

Greenbark Bookkeeping
24 Knipfer Ave.
Marcie Cormier

Heart-Connected Living
22 Knipfer Ave.
Judith Grupenhoff

Icarus Massage
181 Northampton St.
David Richardson

Nadeau Insurance Agency
186E Northampton St.
Joshua Nadeau

Tuman Design
116 Pleasant St.
William Tuman

Wastefield Entertainment
13 Golden Dr.
Joshua Konopka and Jason Mateo

Greenfield

ACD Women’s Fitness Center
368 High St.
Debra Kelly and Angelique Menard

Dawn’s School of Dance
88 Hope St.
Dawn Morin

The DuMont Co.
289 Wells St.
Pilot Precision Holdings, LLC

Lundgren Honda of Greenfield
409 Federal St.
Forza Autogroup Inc.

Hampden

LDS
59 Wilbraham Road
John Lynch

Lucky’s Construction
16A Somers Road
Elizabeth, Keith, and Stephanie Lemelin-Bliss

Holyoke

B. Drew Construction
21 Longwood Ave.
William Drew

Complex Painting Services
24 Labrie Lane
Paul Whelihan

D&M’s Variety
522 South Bridge St.
Diana Morales

Lularoe
470 Hillside Ave.
Manhar Lalchandani

Pat’s Liquors
7 Cabot St.
Juan Diaz

Yucky Studios
286 Essex St., 2L
Christopher Daniele

Longmeadow

Nexus Leaders, LLC
109 Yarmouth St.
Christopher Casey

Steven A. Koltz EA
381 Wolf Swamp Road
Steven Koltz

W.M. Realty
702 Longmeadow St.
John Wallace

Ludlow

Bob St. Jacques Home Improvement
125 Main Blvd.
Robert St. Jacques

Complete Pest Control Service
248 Kendall St.
Stanley Knappe

Hair by Yvette at Hair West Designs
322 West Ave.
Yvette Charbonneau

Northampton

A and H Auto Repair
222 North King St.
Louis Robinson

Brinkerhoff, McCorkle, Roberts & Drane
96 Straw Ave.
James Roberts

A Door in the Wall Hypnosis
98 Main St.
Kristen Hatch

Leather & Lace Hairstyles
9 North Main St.
Heather Wright

M & M Cleaning
377 Florence Road
Ashley Mizula

Southwick

Calabrese Farms LLC
249-257 Feeding Hills Road
Thomas Calabrese

Haas Hauling
241 College Highway
David Haas

Mark Oliver Carpentry Services
30 Tannery Road
Mark Oliver

Sophisticated Productions
648 College Highway
Melissa Tessier

Tastefully Tan
610 College Highway, Suite 13B
Patrick Smith

Springfield

Armor Bearer Sports LLC
731 Sumner Ave.
Prince Taylor

Blvd Lash Co.
715 Bay St.
Bolanle Tokunbo

Clean Break in Your City
162 Quincy St.
Luz Marquez

Good Groove Entertainment
6 Inglewood Ave.
Waltiko Fludd

HB Fashions International
309 Bridge St.
Noemi Souza

Interpreterlink
193 Westbrook Dr.
Madeline Cruz

J & V Environmental LLC
483 Berkshire Ave.
Jorge Ortiz Vasquez

J3t-Set Design Group
1500 Main St.
James Cicerchia

KJ Transportation
65 Pinevale St.
Angel Bermudez

Lenceria
25 Carlton St.
Patricia Cristina

Liberty Mobile
737 Liberty St.
Mark Centeno

Main Kitchen
1343 Carew St.
Bun Chan

MK Creative Home Innovations
55 Bryant St.
Melissa Vanderburgh

My Window Butler
61 Dorset St.
James O’Hara

NCTI
595 Cottage St.
American Medical Response

Optical Expressions Inc.
135 State St.
Sheila Gibbs

P.D.S.
32 Sterling St.
Philip Panidis

Preene
90 Marlborough St.
Yolanda Princess

Presley Law PLLC
1 Federal St.
Denise Presley

Superior Cakes
1594 Carew St.
Manuel Colon

Town Towing
100 Wait St.
Kelvin Lopez

Valley Automotive Inc.
160 Taylor St.
John Lizak

Witconn Enterprises LLC
15 Monrovia St.
Richard Connery

Your Buddies Convenience
526 Sumner Ave.
Thomas Lamont Waters

Zyana’s Market
11 Dorset St.
Michael Perez

Westfield

The Batter’s Box, LLC
170 Lockhouse Road
The Batter’s Box, LLC

Evolve
948A Russell Road
Jonathan Imbriglio

Hurricanes Softball Club
66 Glenwood Dr.
Tyson James

King’s Cleaners
282 Southampton Road
Sook Kim

Weidler Logging
579 Pochassic Road
Christopher Weidler

West Springfield

Affordable Auto Glass Inc.
806 East Elm St.
Joseph Esile III

Dandy Enterprises
82 Garden St.
Brian Dandy

Mariflor Joya
43 Rogers Ave.
Maria Rodriguez

Rey’s Used Appliances
246 Memorial Ave.
Reynaldo Placencla

Union Mart LLC
529 Union St.
Joshua Ayala

Wilbraham

3D Plastez
5 Lodge Lane
Zbigniew and Elizabeth Kielczewski

Core Construction Products
524 Wilbraham Road
Marty Baron

F.L. Roberts Wilbraham #04071
2788 Boston Road
Tony El-Nemr

J.B. Crafts
21 Railroad Ave.
Jeannie Babineau

Lularoe by Anika Jacque
424 Soule Road
Anika Jacque

Melluzzo Property Maintenance
12 Addison Road
Bryant Melluzzo

Oh So Pretties Handcrafted Gifts
2341 Boston Road
Sherry Coulis

Preco Power Equipment Supply
2460 Boston Road
Gregory, Carla, Christopher, and Dalia Wurszt

Riverbend Medical Group Inc.
70 Post Office Park
Dr. Richard Shuman

Scibelli Construction and Remodeling
42 Brainerd Road
Mario Scibelli

Wilbraham Wine & Spirits
2771 Boston Road
Alan Fetter

Daily News

SPRINGFIELD — Bacon Wilson announced that five attorneys have been named to the 2016 Massachusetts Super Lawyers list of top attorneys in the Commonwealth, and three have been named to the 2016 Massachusetts Rising Stars list. Both rosters appear in New England Super Lawyers magazine. Only 5% of New England’s lawyers are Super Lawyers, with attorneys selected for background, professional experience, achievement, and peer recognition. The following Bacon Wilson attorneys were honored for 2016:

• Gary Fialky – Business/Corporate, Banking, Real Estate;

• Michael Katz – Business/Corporate, Business Bankruptcy, Consumer Bankruptcy;

• Paul Rothschild – General Litigation, Employment and Labor, Personal Injury;

• Hyman Darling – Estate Planning & Probate, Elder Law, Tax; and

• Gina Barry – Estate Planning and Probate, Elder Law, Residential Real Estate.

Rising Stars are under 40 years of age, or have been practicing law for less than ten years. Fewer than 2.5% of New England lawyers are named as Rising Stars, including the following Bacon Wilson attorneys for 2016:

• Adam Basch – Construction Litigation, Business Litigation, Personal Injury;

• Benjamin Coyle – Business/Corporate; State, Local, and Municipal; Estate and Trust Litigation; and

• Thomas Reidy – Land Use/Zoning.

Super Lawyers is an attorney-rating service that compiles annual lists of attorneys with high degrees of peer recognition and professional achievement. There is no opportunity to pay for a listing. Rather, selections are determined by a process that includes independent research, evaluation of candidates, peer reviews, and a statewide survey of lawyers, rendering results that are credible, comprehensive, and diverse listings of exceptional attorneys.

Daily News

SHEFFIELD — Berkshire Taconic Community Foundation announced that two Berkshire County residents, Peter Dillon and Pamela Green, have joined its board of directors.

Dillon was appointed superintendent of schools for the Berkshire Hills Regional School District in 2009, and was recently named superintendent of the Shaker Mountain School Union. Previously, he was executive director of policy in the Office of Portfolio Planning at the New York City Department of Education, where he helped to create and sustain more than 150 new schools. He serves on the boards of the New England School Development Council and St. James Place, and is a member of the Berkshire Compact for Education and Multicultural BRIDGE’s Race Task Force.

Green is a partner in the law firm of Smith Green & Gold, LLP in Pittsfield, where she concentrates on trust, estate and tax planning, estate administration, elder law, and real estate. She served as managing editor of the Western New England Law Review and has authored or co-authored articles and book chapters in her practice areas. She has been named to Boston magazine’s Super Lawyers Rising Stars list and Berkshire Community College’s Berkshire County 40 Under Forty. She is on the board of the Pittsfield Economic Development Authority and Hancock Shaker Village’s audit committee.

Dillon and Green join a regional board of 20. With assets of $125 million, Berkshire Taconic is a major funder of nonprofit organizations in its four-county region, working in partnership with donors and nonprofits to meet the needs of communities.

Daily News

NORTHAMPTON — Royal, P.C., a woman-owned, boutique, management-side labor and employment law firm, announced that Amy Royal, principal and founding partner of the firm, has been honored with selection as one of New England’s Super Lawyers and has been included in the 2016 issue of New England Super Lawyers magazine.

Super Lawyers consists of attorneys throughout New England who are nominated by their peers as outstanding lawyers; the nomination then goes through an extensive selection process.

With more than 16 years of experience, Royal has successfully defended employers in both federal and state courts as well as before administrative agencies in a variety of areas of employment law, including employment discrimination and sexual harassment, unfair competition, breach of contract and wrongful discharge claims, workers’ compensation, and Family and Medical Leave Act (FMLA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA) violations, with a special emphasis in wage-and-hour class actions.

Royal regularly advises non-union clients on maintaining a union-free workplace and performs other preventive work such as wage-and-hour law compliance, record-keeping audits, drafting of employee manuals and affirmative-action plans, and management training. In addition, she assists unionized clients during contract negotiations, at arbitrations, and with respect to employee grievances and unfair-labor-practices charges.

Royal’s accolades also include Massachusetts Lawyers Weekly’s 2012 Top Women of Law award recognizing her as a top female lawyer in Massachusetts, as well as BusinessWest’s prestigious 40 Under Forty award, recognizing her for outstanding leadership in the Pioneer Valley business community.

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced that three of its attorneys were honored by Super Lawyers for 2016. Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Ralph Abbott, Jr. was listed in Super Lawyers in the categories of employment and labor law. A partner since 1975, Abbott is known throughout the legal community for his work representing management in labor relations and employment-related matters, providing employment-related advice to employers, assisting clients in remaining union-free, and representing employers before the National Labor Relations Board (NLRB). He also has numerous credits as an author, editor, and teacher, and a record of civic and community involvement. Since 2010, he has been ranked as one of the top labor and employment attorneys in the state of Massachusetts by the prestigious Chambers USA rating firm.

Susan Fentin was listed in Super Lawyers in the categories of employment and labor law. She has been a partner at the firm since 2004. Her practice concentrates on labor and employment counseling, advising large and small employers on their responsibilities and obligations under state and federal employment laws and representing employers before state and federal agencies and in court. She speaks frequently to employer groups, conducts training on avoiding problems in employment law, and teaches master classes on both the FMLA and ADA. She has also been ranked as one of the top labor and employment attorneys in the state of Massachusetts by the prestigious Chambers USA and was named one of the Top 50 Women in the Law in 2015.

Jay Presser was listed in Super Lawyers in the categories of employment and labor law. Presser has over 35 years of experience litigating employment cases. He has successfully defended employers in civil actions and jury trials and handled cases in all areas of employment law, including discrimination, sexual harassment, wrongful discharge, wage hour, FMLA, ERISA, and defamation. He has won appeals before the Supreme Judicial Court and the First and Second Circuit Courts of Appeals, and represented employers in hundreds of arbitration cases arising under collective-bargaining agreements.

Daily News

SPRINGFIELD — Robinson Donovan, P.C. announced that eight attorneys have been selected to the 2016 Massachusetts Super Lawyers list, and two attorneys have been selected to the Rising Stars list.

Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented, multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.

No more than 5% of lawyers in Massachusetts are selected by Super Lawyers, and no more than 2.5% of lawyers in Massachusetts under the age of 40, or in practice for 10 years or less, are selected to Rising Stars.

Managing Partner Jeffrey Roberts was selected to the 2016 Massachusetts Super Lawyers list in the field of estate and probate law. He has been selected to the Super Lawyers list repeatedly for more than a decade.

Partner Jeffrey McCormick was selected to the 2016 Massachusetts Super Lawyers list in the field of general litigation. In addition to selection to the Super Lawyers list, on which he has been included for more than a decade, he was also selected to the 2016 Massachusetts Top 100 List and the 2016 New England Top 100 List.

Partner James Martin was selected to the 2016 Massachusetts Super Lawyers list in the field of closely held business law. He practices corporate and business counseling, litigation, and commercial real-estate law.

Partner Nancy Frankel Pelletier was selected to the 2016 Massachusetts Super Lawyers list in the field of civil litigation (defense). She has been selected to the Super Lawyers list for more than 10 consecutive years and has also been selected to the 2016 Massachusetts Top 50 Women List, the 2016 New England Top 50 Women List, the 2016 Massachusetts Top 100 List, and the 2016 New England Top 100 List. She exclusively practices litigation.

Partner Patricia Rapinchuk was selected to the 2016 Massachusetts Super Lawyers list in the field of employee litigation (defense). She was also selected to the 2016 Massachusetts Top 50 Women List. She practices employment law and litigation.

Partner Carla Newton was selected to the 2016 Massachusetts Super Lawyers list in the field of family law. She practices divorce and family law, litigation, corporate and business counseling, and commercial real estate.

Partner Jeffrey Trapani was selected to the 2016 Massachusetts Rising Stars list in the field of employment litigation (defense) law. He practices litigation and employment law.

Partner Michael Simolo was selected to the 2016 Massachusetts Rising Stars list in the field of estate and probate law. He practices corporate and business counseling, estate planning, and litigation.

Richard Gaberman, of counsel, was selected to the 2016 Massachusetts Super Lawyers list in the field of estate and probate law. He has been included in the Super Lawyers list for more than 10 years. His practice focuses on corporate and business counseling, commercial real-estate, tax, and estate-planning law.

Associate Kevin Chrisanthopoulos was selected to the 2016 Massachusetts Super Lawyers list in the field of general litigation. He practices litigation.

Daily News

SPRINGFIELD — Springfield-based law firm O’Connell & Plumb, P.C., announced that attorney Daniel O’Connell was named to the 2016 New England Super Lawyers list in the area of Plaintiff Employment Litigation, and attorney Sarah Ornelas has been named to the 2016 New England Super Lawyers’ Rising Stars list in the area of Plaintiff Employment Litigation. This is the second consecutive year that both O’Connell and Ornelas have been included on these lists.

According to the webpage for Super Lawyers, it is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Super Lawyers selections are made annually using a patented, multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys. Only 5% of lawyers in each state are selected to the Super Lawyers list annually. Only 2.5% of Massachusetts attorneys are named a Rising Star. A candidate for the Rising Star distinction goes through the same vigorous reviewing process as the Super Lawyers selection and also must be either under 40 years old or in practice for less than 10 years.

O’Connell and Ornelas both focus their practice in the areas of employment-based discrimination, sexual harassment, retaliation, and wrongful termination.

Sections Travel and Tourism

The Fright Stuff

Brennan McKenna says Warner Farm aims to provide scares for all ages each October.

Brennan McKenna says Warner Farm aims to provide scares for all ages each October.

Haunted houses and other Halloween attractions are nothing new, but they’re enjoying somewhat of a renaissance in America today, generating, by one estimate, more than $1 billion in revenues annually. Some are kid-friendly, while others are extreme enough to issue guests a safe word in case they need an early exit. But they all feed off people’s natural attraction to an often-intense adrenaline rush that’s totally safe — even though it might not feel that way at the time.

 

Brennan McKenna started working at Warner Farm at age 14, manning the strawberry stand. He returned every summer during high school and college, and started helping out with the farm’s renowned, artistic corn mazes in 2004; that year’s design was George W. Bush and John Kerry.

He’s had other jobs since, but he takes pride in his current role — pressed for a title, he came up with ‘haunted events manager’ — at the Sunderland farm.

“I tell people, ‘my job this week is to figure out how to scare people in the most efficient way, using some piece of farm equipment.’”

He’s not kidding — one scene in the haunted cornfield depicts an executioner’s chamber, where one poor character (not real, fortunately) is being chopped apart by — well, McKenna isn’t sure what it is, except that it’s an old farm implement stamped with the year 1875.

Adjoining this walk-through attraction is Mike’s Maze, an annual corn-maze attraction first created by farm owner Mike Wissemann and an artist neighbor 16 years ago; the theme for this year’s maze is “See America,” a tribute to the National Park Service. That remains a draw throughout each fall for visitors who enjoy navigating it by day and, with flashlights in hand, by night.

The neighboring haunted maze is a more recent addition, first developed three years ago. The farm has since added Zombie Night Patrol, where guests ride a wagon through a creepy village and shoot mounted paintball guns at the zombies who charge the vehicle.

“That’s a thrill,” McKenna said as he gave BusinessWest a tour of the village — like the haunted maze, silent during the day but ready to spring to life (or at least some undead state) thanks to a gaggle of paid actors in costumes and makeup. “Kids can do this and not get overly scared. The haunted corn maze is much scarier because walking through corn thinking someone’s going to pop out is inherently scary.”


See: Area Tourist Attractions


The Halloween attractions at Warner’s, collectively called Mike’s at Night, have been a boon for the farm, which aims for a complete family experience, complete with concessions, live music, and a children’s play area with slides, a jump pad, and pedal cars.

It’s also an example of how Americans have increasingly embraced the fun and pageantry of Halloween in recent years, evidenced by a proliferation of haunted houses and other spooky attractions.

Jeremie LaPointe and David Spear recognized that trend when they launched DementedFX in Easthampton two years ago. The haunted house they created drew 19,000 visitors over two seasons, and now they’re aiming higher with a new, much larger space on Main Street in Holyoke, with more room for the walk-through and an indoor bar area, serving beer and wine, that wasn’t possible before. But it wasn’t simply the need for more space that brought them to the Paper City.

“We went into this business venture thinking we wanted to get as close to the Five College area as possible,” LaPointe said. “We thought this was our demographic, but we came to find out, it really wasn’t.”

David Spear, left, and Jeremie LaPointe

David Spear, left, and Jeremie LaPointe say they don’t forbid kids from entering DemetedFX, but the intense scares are geared for adults.

The reasons aren’t totally clear, but he suggests a lack of money — today’s high-school and college students are struggling with a very difficult market for the kinds of jobs people their age used to have — may be a factor. Whatever the reason, the post-college crowd dominated the queue in Easthampton, with more sales to 36- to 50-year-olds than to the 14-to-18 crowd.

As a result, the revamped DementedFX is geared more toward adults, with some strong language, violent scenes, and ‘anatomically correct’ props, though nothing that could be considered sexual content. Children aren’t turned away, but their parents are warned, and refunds aren’t given if they decide to cut short their trip (which runs about 18 minutes, on average) by using a safe word.

“We don’t want to pander to the kids because we realized they’re not our demo,” LaPointe said. “My son’s 9, and I wouldn’t let him come here. But I’m not going to parent for people. We had a group of 5-year-olds go through with their parents the other day — and we’ve also had grown men cry.

“A lot of it has to do with your own level of anxiety, what your own fears are,” he went on. “We try to hit a lot of those fears. We use smells, which a lot of people find unpleasant. We use temperature changes, claustrophobia, light sensitivity — and it’s really loud. By the time you’re done, your anxiety level is high, so when you finally finish, it’s a moment of celebration, which is fun to watch.”

In other words, he said, getting scared is fun. Increasingly, people seem to agree.

Catching Fire

The Haunted House Assoc., an industry group, draws a distinction between Halloween attractions (hayrides, corn mazes, pumpkin patches) and haunted houses, but reports that, together, these destinations bring in more than $1 billion in revenue per year — and help keep many family farms afloat.

McCray’s Farm in South Hadley offers both types of attractions, thanks to Dan Augusto, a man who, a quarter-century ago, turned a love of Halloween and a collection of holiday-themed props into one of the region’s true seasonal success stories.

Seeking a place to display his collection, Augusto approached farm owner Don McCray, who was intrigued with the concept — originally, a simple hay-wagon ride out to the fields, into a heavily wooded area, where about 15 scary scenes were laid out, populated with both props and actors. “We probably had 30 volunteers — friends and friends of friends,” Augusto said.

There was only one problem — what was then a very limited parking area. “I told Don, ‘we need more parking; we’ll have vehicles up and down Alvord Street.’ He laughed and said, ‘settle down, city slicker.’ By the third weekend, I hopped off the wagon, and he came over and hugged me, smiling, saying, ‘Dan, I don’t know where we’re going to put these cars. You were right.’ But, at the time, it was a good problem to have.”

The second year, Augusto was paying the actors, and the event became more of a real business, with a payroll and workers’ compensation and liability insurance. Animatronic displays were added as well, and the path expanded as well to include more displays. “Every year, we said, ‘let’s try to put more and more into this space.’”

In the late 1990s, Augusto converted a large carport into the property’s first haunted walkthrough, which in recent years has become known as Massacre Manor, a full-blown haunted house, filled with animatronics and actors. This year, he added a second walk-through attraction, cheekily called DON — in reference to Don McCray, and also an acronym for Diagnostics Operation Nexus. “It’s a genetic research facility that’s had…” — here he paused for effect — “…some issues.”

DON is important in the evolution of what collectively has become known as Fear on the Farm, he explained, because now there’s truly something for everyone. The hayride aims to scare, but there’s security to be found in a big group aboard the wagon (and for those too young even for that, the farm offers milder daytime attractions for children). Massacre Manor increases the fright with a more close-up experience, and DON, aimed squarely at an adult audience, ramps up the intensity even higher.

Even the hayride is customizable depending on the crowd, and the actors will occasionally, and discreetly, break character to comfort a child or, better yet, give him a glowstick and tell him lighting it is the only way to keep the monsters at bay and save his parents — essentially, giving a sense of control back to a kid who might otherwise feel overwhelmed. Older riders don’t get the same treatment; the actors delight in targeting obviously frightened adults.

“I’ve seen some attractions where, if they see a kid crying and screaming, the actors will attack that poor kid,” Augusto said. “There’s nothing creative there; you’re terrorizing a little kid. We try to entertain that kid by going after his parents and the other people on the wagon.”

Rising Terror

As Halloween attractions have gained a greater following across the country in recent years, a strain of extreme terror experiences have popped up as well, like the popular Blackout haunted houses in New York and California, where guests are handled — often roughly, sometimes with a sexual connotation — and subjected to actual abuse. (One year, Blackout actually waterboarded people.)

Others have taken the concept further. Blackout requires a liability waiver, but also issues a safe word for those who want out immediately (and many do). San Diego’s McKamey Manor offers no safe word — and is known to last several hours, inflicting, by some accounts, real trauma on people who begged to be set free.

Dan Augusto

Dan Augusto, creator of the Fear on the Farm attractions at McCray’s, says he has long loved Halloween, a time when anyone can be anything they want.

The traditional haunted-house industry frowns on this trend, Augusto said. “It’s not creative. We might have a prop brush your leg, and your imagination runs with it. But physical touch is something I’m not interested in doing.”

LaPointe agrees, noting that DementedFX also has a no-touching policy.

“I want to classically scare you without physically touching you. It’s a lot harder. If I wanted to scare the s— out of you, I’d bind you up, take you to the basement, and throw you in a hole. That’s not what we’re trying to do here. We’re trying to get a clean scare out of you without going down that road.”

Augusto is also appalled that clowns have become associated with terror of the not-so-fun kind, thanks to myriad sightings in recent weeks that have law enforcement on edge. “One of the guys in the industry said it best: ‘if you want to dress up and scare people, come see us, and we’ll give you a job, rather than risk getting shot or arrested.’”

To maintain safety inside DementedFX, cameras are positioned in every area, constantly monitoring and recording. But there’s a second rationale behind those cameras.

“It deters people from doing malicious things, but we also watch the scares. We see if they’re successful or not. And if they’re not successful, we’ll demo out the whole thing and change it all. Using this scare knowledge, it keeps getting better and better,” said LaPointe, adding that he and Spear plan on adding another 2,000 square feet of currently unused space to the walk-through next year. “I never want to get stagnant. I’m not going to change everything out, but I want to continuously grow, bigger and better.”

Spear recalled the ‘spider house’ from DementedFX’s first year in Easthampton, a room that featured a mechanized spider that came shooting across a table. “The concept was incredible — it looked real — but it didn’t scare a lot of people,” he said. “So we got rid of it and changed the whole room over. That’s why we have the cameras, to see if people are getting bang for their buck. If we don’t like what we see, we change it. That kind of sets us apart. We’re not going to throw something together and just be happy with it. We always want to improve and be better.”

LaPointe, who noted that he and Spear conceptualize and build many of the props and animatronics (others are purchased), said they’re not making money off the undertaking — all revenues, after paying the actors, security, and other staff, are reinvested into the attraction — but they expect to be profitable within a few years. Meanwhile, they hope this year, with the big move complete, will allow them a little more family time away from what is, essentially, a year-round enterprise on top of their day jobs. “I can’t tell you how many soccer games, dance classes, dinners, Saturday and Sunday nights we missed because we were here.”

McKenna said improving Mike’s at Night each year is his goal as well, and he attends the TransWorld Halloween & Attractions Show, an annual trade event, to learn about trends and gather ideas. He also encourages changes mid-season if something isn’t providing the necessary scare. “We trust our actors to improvise and adapt to different groups. If something doesn’t work, change it and try to make it scarier.”

October Surprises

LaPointe and Spear make no bones about their goal to scare every guest, and they don’t tone it down for kids — they simply discourage them from coming. “I’ve seen kids leaving, and they’re just traumatized, and I feel bad for them,” Spear said. “But we ask them up front, ‘do you really want to do this?’”

For most guests, though, scary equals fun. Traditionally, about 1.5% of DementedFX ticket buyers opt for the safe word and an early exit — the percentage is running a touch higher this year — but most crave the adrenaline rush of facing their fears, making it all the way through, and exiting into the chill October air with smiles and shouts of relief.

“People don’t come to haunted houses looking for problems,” LaPointe said. “They’re here to have a good time.”

Augusto has also spent a lifetime embracing the fun of the season. He grew up poor in Holyoke, he said, but it never mattered on Halloween, the one day anyone could be anything they wanted for a few hours. That love of the holiday stayed with him into adulthood, when he wanted to give people a richer experience than the haunted houses that proliferated in the 1970s, “just black walls and no fire safety and cheap rubber masks. But it was still fun to do.”

Many of the actors have worked at McCray’s each October for the past 15 to 20 years, and have become a sort of family — and appreciate being able to provide an experience and memories that will stick with the families who dare to be scared.

“Every year, we lose more and more Americana,” Augusto said, adding that he hopes haunted houses and hayrides don’t go the way of the drive-in theater. He is encouraged, though. “Halloween, every year, is gaining on Christmas. Christmas is still the biggest money-generating holiday, but Halloween is right there. You see more houses decorated than ever before. America’s embracing it.”

McKenna agreed, adding that families regularly drop $30 or more on movies and popcorn, and welcome something a little different.

“Here, it’s real; it’s in person,” he said. “I think it’s the nature of the human psyche — they want the thrill, and knowing it’s a thrill that’s safe.”

Well, except for that poor guy caught in the antique farm implement. He didn’t look particularly thrilled. Or safe. Sweet dreams.

Joseph Bednar can be reached at [email protected]

Employment Sections

On the Clock

overtimedpart-1016b

The income threshold under which workers are entitled to overtime pay, many argue, has been far too low for far too long. But raising it from $23,660 to $47,476, as the U.S. Department of Labor will do on Dec. 1, is a more significant jump than most businesses expected. With that deadline looming, employers are considering a number of strategies aimed at adhering to the new rule, keeping employees happy, and protecting the bottom line.

 

If employers are just starting now to grapple with the implications of the U.S. Department of Labor’s new rules regarding overtime pay, Mark Adams said, they’ve wasted a lot of time.

“That’s a lot to plan for in two months,” said Adams, who leads the HR Solutions team at the Employers Assoc. of the NorthEast, which has been helping EANE members navigate the change, which will dramatically increase the number of workers who qualify for overtime pay.

“Some of these proposed rules were being articulated back in 2015,” he noted, “so as we turned the page into 2016, we were saying, ‘don’t wait for some legislative bailout to happen. When Dec. 1 arrives, you want to have a plan in place that could work and minimize the impact as much as possible for your business.’ Frankly, much of this should have been done early in the game.”

Mark Adams

Mark Adams

We’ve heard from our members, small businesses, nonprofits, and other employers that the salary threshold is going to result in significant new labor costs and cause many disruptions in how work gets done.”

 

In fact, a bill recently passed the U.S. House of Representatives aiming to delay implementation for six months, but even if it passes the Senate, it’s unlikely to overcome a promised veto by President Obama.

Currently, DOL rules grant overtime pay to people who gross a salary of less than $23,660 per year. On Dec. 1, that salary threshold will jump to $47,476, meaning employees who gross less than $913 per week would be eligible to claim time-and-a-half pay beyond 40 hours worked in a given week.

Between 4 million and 5 million workers are expected to be impacted within the first year of implementation, and employers in sectors including fast food, retail, colleges and nonprofits worry that the rule will drive up their costs and force them to cut employees’ hours and depress hiring. A lawsuit filed last month by a coalition of labor groups and state attorneys general claims as much.


See: Employment Agencies in Western Mass.


“We’ve heard from our members, small businesses, nonprofits, and other employers that the salary threshold is going to result in significant new labor costs and cause many disruptions in how work gets done,” Randy Johnson, the U.S. Chamber of Commerce’s senior vice president of labor, immigration, and employee benefits, said in a statement.

But lawsuits and legislation are question marks, and the Dec. 1 deadline is, for the time being, a sobering reality for employers, Adams said.

“We’re sitting here, it’s October, and people need to plan. It certainly isn’t a one-size-fits-all proposition for companies,” he said, noting that the EANE has conducted a number of briefings with members. The first step in developing a strategy to deal with the new rule, he explained, is identifying the population that will be affected.

“There are going to be some people not affected at all because they’re making more than the revised amount,” he said. “For those who are going to fall below the threshold that were previously above the threshold, how large is that employee population? What types of jobs are they? What is the gap between what they are making and what the threshold is?”

John Gannon, an associate attorney with Skoler, Abbott & Presser in Springfield, has also been communicating with employer clients on how to handle the new rule, which begins with whether to reclassify employees — from exempt, meaning salaried and not entitled to overtime pay, to non-exempt.

“The rule itself, unlike a lot of things in law, is pretty straightforward. If you’re not earning $913 a week in salary, you need to be reclassified,” he said. “And if we are going to reclassify people, how are we going to pay them? Are we going to convert them to an hourly rate, or keep them on salary and set them up so we still pay them overtime when they work more than 40 hours in a week?”

These questions are being asked in companies across the country. Hopefully, as Adams noted, the conversations started long ago.

Raising the Stakes

As he spoke with BusinessWest, Adams laid out a number of potential strategies for handling the new overtime rule.

“One strategy might be to bump salaries up to the minimum and nothing more,” he said. “But for some, the gap between where they currently lie and what the minimum is might be too much of a financial pill to swallow.

John Gannon

John Gannon says the new overtime rule is a good opportunity for companies to take a fresh, top-to-bottom look at how they classify, pay, and provide benefits to employees.

“A secondary strategy might be to keep the pay where it is, ‘but we’re going to acknowledge you’ll be non-exempt, and we’re going to make the effort to manage your workload so you don’t go above 40 hours a week and trigger overtime,’” he went on. “For some businesses, that might not be feasible, based on the workload and schedule and how they deliver services to clients. For example, there might be production schedules in the manufacturing world that make that impossible.”

A third strategy is to raise an employee’s salary to the new threshold, but add more to their plate to justify the pay raise.

“Again, how readily achievable is that? Are you talking about eliminating positions and rolling two roles into one?” Adams asked. “There are a lot of different strategies that can be employed, but to decide what strategy makes the most sense, you really need to take stock of the business and the culture, what you can afford to do financially, and what kinds of jobs will be affected, to know which strategy is going to work — or maybe a combination of those strategies.”

Gannon noted that the new DOL rule allows employers to include non-discretionary income to comprise up to 10% of the $47,476 threshold, meaning an employee making 90% of that figure in base pay and the rest in bonuses and commissions could still be considered exempt. The old threshold considered base pay only.

There are other ways to navigate the new rule creatively, he added.

“Some employers were surprised to learn they can still keep on paying employees a salary, even though they’re non-exempt,” he said. It’s a classification known as ‘salary non-exempt,’ he explained, and it’s currently uncommon, but the new overtime rule could lead more employers to consider that option.

Whatever the case, he went on, employers must deal with more than the financial challenges of expanded overtime; newly exempt employees moved from salary to hourly status will need to be trained in timekeeping practices they’ve never worried about before. There’s also the matter of status that many employees attach to being salaried.

“From an administrative standpoint, it’s easier to convert everyone to hourly; it makes everything cleaner,” Gannon said. “But from an employee-morale perspective, you might consider keeping them salaried.”

He concedes that just raising everyone’s pay to the new threshold is unlikely to be the best answer for anyone, so reclassifications will be necessary for countless businesses. Questions like whether to convert to hourly pay, keep salaries in place with the potential for overtime, or eliminating overtime altogether must be made on a company-by-company basis. In other words, “how do you implement this in such a way that doesn’t hurt employee morale?”

Role Players

However, pay isn’t the only test of whether a worker is exempt. There’s also the matter of job duties. An employee is considered exempt even under the $47,476 threshold if their job involves the responsibilities of an executive, administrative, professional, computer, or outside-sales employee. That part of the DOL rules is not changing.

That means raising someone’s pay by consolidating roles and giving them additional responsibilities might itself trigger an overtime exemption, Adams said.

“The duties test is the one that leads to the most litigation — those tests that say the employee has to do X, Y, and Z on a daily basis, or as part of their primary duties, in order to meet the exemption,” Gannon added. “Those aren’t impacted by the new rule. The only thing changing is the salary threshold.”

With that in mind, he’s encouraging employers to take a holistic look at whether some employees may be misclassified in regard to their job duties. “It’s a good opportunity to look at the company and its practices as a whole.”

Gannon noted that the overtime threshold has gone up several times before, albeit not to this degree, and the new law includes an automatic escalator provision that will increase it again every three years — so a strategy of simply raising someone’s pay to the threshold won’t work unless that pay will continue to rise along with the automatic updates.

The National Retail Federation, which is part of the lawsuit being spearheaded by the U.S. Chamber of Commerce, has a different concern, arguing that the new rule will force businesses to limit hours or cut base pay for workers to offset added payroll costs.

“Retailers are already struggling to implement this new government mandate before the swiftly approaching deadline, and the automatic update included in the rule would make them do this same dance every three years,” David French, the trade group’s senior vice president for government relations, said in a statement.

Adams understands the myriad concerns surrounding the change, citing financial considerations, logistical considerations, even policy aspects that arise regarding the benefits offered to different classifications of employees.

“The dollars-and-cents part of it is not the end-all, be-all. You can’t think of it in a vacuum,” he told BusinessWest, noting that companies are also grappling with the rising costs of healthcare reform, new pay-equity and transparency laws, and ever-changing compliance rules in a host of areas, and the overtime change is one more significant hurdle.

“That’s not to say change wasn’t needed,” he went on. “The salary base was antiquated; if you were making minimum wage, you were almost at the federal threshold. People knew it had to change. But it’s quite a leap to make this quickly, and that’s why a lot of people are pushing back and expressing frustration.”

Joseph Bednar can be reached at [email protected]

DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the month of September 2016.

AGAWAM

Ayre Investments
648 Main St., 1st Floor
Timothy Ayre

Brick Road Consulting
105 Autumn St.
Ryan Wood

Bussolari Landscaping
124 Mill St.
Christopher Bussolari

Feeding Hills Sunoco
2 South Westfield St.
NEC OPCO 1 Inc.

F.L. Roberts Agawam
6 Lealand Ave.
NEC OPCO 1 Inc.

The Gadgeteeria
499 Meadow St.
Lola Foote

Henry’s Painting
15 Melrose Place
Matthew Henry

Palazzi Painting
64 Barry St.
Aldo Palazzi

AMHERST

Amherst Associates, LLC d/b/a Hawkins Meadow Apartments
370E Northampton Road
JCSK Holdings, LLC, Jonathan Rosen, and JCSK Properties Corp.

Clearpoint Communications
72 Pelham Road
Eddy Goldberg

Equinox Video
145 University Dr., #2443
Leslie Mason

Quantum Breakthroughs
401 Main St.
Deborah Maclin

CHICOPEE

Agwood, LLC
17 Naomi St.
Arkadiusz Gajda

East St. Cleaners
423 East St.
Sun Choi

Joe’s Remodeling
36 Montvue St.
Joseph Smith Jr.

LulaRoe
142 Mountainview St.
Angela Taal

Murray Automotive
102 Old Fuller Road
Michael Murray

Holyoke

Hibiscus
427 South Elm St.
Yonghe Chen

RBW Painting
50 Sycamore St.
Bruce White

Rent-a-Center East Inc. d/b/a Rent-a-Center #01551
2253 Northampton St.
Felicia Jackson

NORTHAMPTON

Allies in Recovery
69 Prospect St.
Dominique Simon

Bellows Group
33 Longfellow Dr.
Michaela O’Brien and Nathaniel Reade

Pixel Shrub Bioinformatics
54 Audobon Road
Jessica Rain Grant

Sweeties Fine Chocolate
68 Main St.
Charles Burke

SPRINGFIELD

Acquisition Advisors, LLC
471 Trafton Road
Kathleen Zizik

Belliveau Home Improvement
906 Bradley Road
Marc Belliveau

Charron’s Hair Care Services
460 Main St.
Mabel Charron

Foreclosure Cleaning
24 Ellen St.
Crystal Quiles

G.H. Berlin Woodward
85 Carando Dr.
BWE LLC

Highland Farm
560 State St.
Iqbal Shahid

Hilltop Veterans Assoc.
1105 Worthington St.
Gilbert Dillard

J.C. Quick Supply
26 Kenwood Terrace
Julio Casado

Joe Potito Electrical
142 Shawmut St.
Joseph Potito

Make It Happen Maintenance
148 Benz St.
Ralph Manzi

My Wide World Productions
966 Sumner Ave.
Scott Coen

Pham Insurance Agency
433 Belmont St.
Hung Pham

South Bay Community Services
146 High St.
Michael Pelletier

Springfield Trampoline Sports
1250 St. James Ave.
Robert Doty

The Law Office of Thomas J. McCormick
293 Bridge St.
Thomas McCormick

Tito’s Barber Shop
855 Berkshire Ave.
Tito Lewis

WESTFIELD

Alex’s Auto Care
11 Bartlett St.
Aleksandr Yurovskih

A.R. Deliveries
18 Margerie St.
Anatolie Reznicenco

C & C Home Improvements
23 Day Ave.
Joshua Cotugno

Complete Lawn & Landscape
273 Prospect St. Ext.
Kyle Patrick

Controls & Integration
56 Overlook Dr.
Craig Brown

ENA Consulting
36 Loomis Ridge
Emily Nissen Amanti

Express Your Way To Wholeness
74 Putnam Dr.
Linda Coffin

Game City
77 Elm St.
Game City

Gomes Designing Homes
10 Harrison Ave.
Matthew Gomes

Martyn Transport
16 Squawfield Road
Vadim Martynyuk

Maura Bonavita Skin Care
154 Wild Flower Circle
Maura Bonavita

NE Christian Homeschool Academy
297 Russell Road
Samantha and Ron Gulsvig

Same Day 6
70 Court St., Suite 6
Dmitriy Shlemanov

WEST SPRINGFIELD

ADT Security Services
76-78 Capital Dr.
ADT LLC

Alex Auto Paint
74 Wayside Dr.
Alex Rudenko

Audi West Springfield
434 Memorial Ave.
Damon Cartelli

Convenience Mart
7 Chester St.
Mohammad Ishaq

DP Transport
105 River St.
Dmitriy Primakov

Marsupicool Design
14 Dewey St.
Katherine McClelland

Qualified Plans LLC
131 Wayside Ave.
John Massey

Riverdale Street F.L. Roberts
1130 Riverdale St.
Tony El-Nemr

Sherwin-Williams Co.
47 Roanoke Ave.
Cheryl Lebron

West Springfield F.L. Roberts
518 Memorial Ave.
Tony El-Nemr

Westfield Street F.L. Roberts
735 Westfield St.
Tony El-Nemr

Westfield Street Sunoco
2667 Westfield St.
Tony El-Nemr

Zenex Central Vacuum Systems
857 Elm St.
Jeffrey Novak

Daily News

SPRINGFIELD — Last spring, the U.S. Department of Labor released its much-anticipated rule regarding overtime exempt status, which raises the salary threshold and could extend overtime pay to more than 4 million workers who are currently ineligible. In addition, in August, Gov. Charlie Baker signed a new law aimed at strengthening pay equity in the Commonwealth, which imposes rigorous equal-pay obligations and prohibits certain pay-related conduct.

John Gannon, attorney with Skoler, Abbott & Presser, P.C., will explore the impact of both these issues at the Springfield Regional Chamber Lunch ‘n’ Learn on Wednesday, Nov. 9 from 11:30 a.m. to 1 p.m. at the Colony Club, 1500 Main St., Springfield.

Gannon will break down the overtime rule and the pay-equity legislation to ensure businesses are in legal compliance. He will discuss the new salary thresholds for overtime exemptions; how companies can use bonuses, incentive payments, and commissions to meet the new threshold; how the new automatic update to the minimal salary threshold will impact a business in the future; what steps business leaders should take to ensure compliance; the new restrictions on pay and hiring practices required by the new pay-equity law; changes needed to job applications, interviewing techniques, and recruiting procedures; pay-equity protection for employers who audit pay practice; and more.

Gannon has defended employers against claims of discrimination, retaliation, harassment, and wrongful termination, as well as actions arising under the Family Medical Leave Act and wage-and-hour law, and has experience with lawsuits seeking to enforce restrictive covenants and protect trade secrets. He frequently assists employers in litigation-avoidance strategies and has reviewed numerous employee handbooks and related policies for compliance, as well as employment and non-compete agreements. He has conducted comprehensive wage-and-hour and employment-practices audits and regularly counsels employers on compliance with state and federal laws, including the Americans with Disabilities Act, Fair Labor Standards Act, and Occupational Health and Safety Act.

Gannon is a regular contributor to business publications and to the Massachusetts Employment Law Letter. He is also a frequent speaker on employment-related legal topics for a wide variety of associations and organizations, including appearances on Western Mass News and the Massachusetts Lawyers Weekly podcast sessions.

Reservations for the Nov. 9 Lunch ‘n’ Learn are $25 for Springfield Regional Chamber members and $35 for general admission. Registration includes lunch and one-on-one discussions with Gannon. Reservations may be made online at www.springfieldregionalchamber.com.

Employment Sections

Crosses to Bear

By Karina L. Schrengohst, Esq.

Karina L. Schrengohst

Karina L. Schrengohst

You have an employee, Jack, who says he belongs to the Church of the Flying Spaghetti Monster. He practices the religion of ‘FSMism’ and, pursuant to this practice, he requests, as religious accommodations, an exception to the dress code and a schedule change.

Specifically, he wants to dress like a pirate and wear a ‘colander of goodness’ on his head.  In addition, he wants every Friday off because every Friday is a religious holiday for ‘Pastafarians.’  Jack has been preaching to his co-workers that they should join his church because Pastafarian heaven has a stripper factory and a beer volcano.

What would you do?

The Nebraska State Penitentiary was faced with precisely this request from an inmate. When prison officials refused to accommodate the inmate’s purported religious beliefs, he filed a lawsuit. Because the plaintiff in this case was an inmate and not an employee, this case does not involve reasonable accommodations under Title VII of the Civil Rights Act of 1964. But the case is an interesting illustration of how requests for religious accommodations can arise.

Title VII and Massachusetts state law prohibit discrimination based on religion in the workplace. In addition, state and federal law require employers to provide reasonable accommodations for sincerely held religious beliefs, unless doing so would create an undue hardship. Unlike disability discrimination law’s high burden, in the context of religious discrimination law, an accommodation constitutes an undue hardship if it would impose more than a de minimis cost on the employer. A reasonable accommodation is simply an adjustment to the work environment, such as an exception to dress code or schedule requirements, that will allow the employee to practice his or her religion.

But what exactly is religion for purposes of employment discrimination law? Defining ‘religion’ is difficult, as we have a growing, religiously diverse population. Title VII defines religion as including all aspects of religious belief, observance, and practice. The Equal Employment Opportunity Commission defines religion to include moral and ethical beliefs that are sincerely held with the strength of traditional religious views.

Religious beliefs typically involve deep and imponderable ideas, including existential matters, such as humankind’s sense of being; teleological matters, such as humankind’s purpose in life; and cosmological matters, such as humankind’s place in the universe. Religious beliefs are typically comprehensive and broad in scope.

Religion typically has some formal or external signs, including, for example, services, ceremonies, and rituals; writings, structure, or organization; holidays; clothing; and propagation. However, beliefs grounded solely in political, economic, or social ideology are not religious.

For example, courts have found that the Ku Klux Klan is not a religion protected by Title VII, but instead is a political and social organization. In addition, personal preferences are not religious. For instance, a district court in Florida found an individual’s purported ‘personal religious creed’ that eating Kozy Kitten cat food was contributing significantly to his state of well-being and therefore his overall work performance by increasing his energy to be a mere personal preference and not a religion protected by Title VII.

With this in mind, is FSMism a religion? The Nebraska federal court came to the conclusion that FSMism is not a religion. The court found that FSMism is a satire, intended to advance an argument about science, the evolution of life, and the place of religion in public education.  FSMism, which originated as a response to intelligent-design theory, argues that it is just as likely that God set the universe in motion as did a great Flying Spaghetti Monster.

The court, however, was not questioning the validity of the plaintiff’s beliefs. Religious beliefs do not have to be acceptable, logical, consistent, or comprehensible to others. In fact, religious beliefs can be preposterous to others.

Now consider you have an employee, Sally, who refuses a mandatory flu shot. She requests an exemption from the requirement. Sally says that, because she is vegan, it is against her religious beliefs to take the flu shot because it contains animal byproducts. What would do you?

An Ohio hospital was faced with this very request from an employee.  After the hospital denied the request and terminated her employment for refusing the flu shot, this employee filed a lawsuit in an Ohio federal court arguing that she was denied a religious accommodation.

The employer argued that veganism is not a religion, but rather a dietary preference or social philosophy. The employee argued that her practice constitutes a moral and ethical belief, which is sincerely held with the strength of traditional religious views. The employer in this case ended up settling after the court denied its motion to dismiss.

Finally, consider you have an employee, Jill, who comes to work one day with facial piercings. Your dress code prohibits facial piercings. Jill’s supervisor sends her home for violating the company’s dress code. Jill tells her supervisor that she belongs to the Church of Body Modification. She requests a blanket exception to the policy. What would you do?

In our own backyard, Costco was faced with precisely this request. When Costco would not give the employee the requested accommodation, she filed a lawsuit in federal court in Springfield. In this case, the district court left the question of whether the Church of Body Modification is a religion unanswered. Costco argued, and, on appeal, the First Circuit found, that permitting the employee to display her facial piercings was an undue hardship because it would adversely affect Costco’s public image and efforts to present a professional workforce.

What if Jill had come to work with a visible tattoo on her arm? She does not express that her tattoo has any religious significance. She simply considers her tattoo to be an individual expression. What would you do?

Under these circumstances, you can require Jill to cover her tattoo while working, assuming that is consistent with your policies. Generally, private employers can set whatever dress, grooming, and appearance standards that they think are appropriate for their businesses as long as the standards are not discriminatory or based on religion or any other protected categories (sex, race, disability, etc.). The question remains, however — do you want Jill to cover her tattoo?

Some employers are adopting more flexible appearance standards. This is driven, in part, with an eye toward employee retention. There is a generation of workers currently in the workforce who value individual self-expression and who are changing workplace culture related to acceptable appearance. In fact, there is a growing trend across the country at large, with national companies allowing employees to visibly display tattoos.

Whatever the appearance standards you decide are appropriate for your business, whether you have a conservative dress code or you allow employees to dress like pirates with visible tattoos and facial piercings, it is important to remember that policies should be consistently and uniformly applied to all employees, and exceptions to these policies should be considered for religious accommodations on a case-by-case basis.

Karina L. Schrengohst, Esq. specializes exclusively in management-side labor and employment law at Royal, P.C., a woman-owned, boutique, management-side labor and employment law firm, which is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office and the National Assoc. of Minority and Women Owned Law Firms; (413) 586-2288; [email protected]

Employment Sections

Tricks and Treats

By Stefanie Renaud, Esq.

Stefanie Renaud

Stefanie Renaud

October in Massachusetts is a beautiful time, filled with colorful leaves, bright orange pumpkins, and pleasant fall weather. For most of us, Halloween marks a time of fun and revelry, complete with costumes, good-natured pranks, and lots of candy.

Even workplaces get in on the fun, holding costume parties and providing candy to sugar-deprived employees. But for employees with food allergies — about 15 million people across the U.S. — Halloween can be full of increased exposure risk from holiday ‘treats’ and potentially life-threatening reactions to innocent ‘tricks.’

This Halloween, avoid having a holiday horror story of your own.

Dirty Tricks

Everyone loves a good prank, but what if that trick was life-threatening to an employee? The employer might be liable for discrimination. That’s what happened to Panera LLC last fall, when a former employee sued, alleging that Panera violated Title VII of the Civil Rights Act of 1964 by allowing harassment against him based on his food allergies.

Plaintiff Dustin Maldonado alleged that his manager and co-workers taunted him about his allergy, intentionally exposed him to peanuts, tricked him into eating nut-laced food items, and teased him that his EpiPen would spread AIDS. One time the manager ‘pranked’ Maldonado by leaving peanut butter outside his office. Another time, the manager ‘tricked’ Maldonado, telling him that his co-workers had made dinner for him, then placed peanut-butter-filled treats into Maldonado’s uncovered hands, causing an allergic reaction. After the incident, Maldonado filed a formal complaint with the human resources department, which allegedly told Maldonado to have a better sense a humor about the situation.

Although liability in this case remains to be seen, employers should be aware that even innocent-seeming pranks can result in potential legal liability.

You might be thinking, who on earth would think it was OK to intentionally expose someone to an allergen, even as a prank? More people than you think, apparently. In the Sept. 29, 2016 edition of the Washington Post’s advice column, another employee with food allergies wrote in, seeking advice. According to the employee, she had repeatedly asked a co-worker to not bring or consume peanut products in the office, due to the employee’s severe allergy. A few months later, the employee sat at her desk and began to notice reaction symptoms.  Finding a smear of peanut butter on her hand, the employee looked under her desk and found a large glob of peanut butter smeared on her desk. When the employee called her boss, he shrugged it off and told her he “didn’t think [the employee] should be able to dictate what others can eat.”

That’s the wrong answer. Be sure to keep an eye out for the forthcoming lawsuit!

Killer Treats

What about those candy bowls spread around the office? Obviously, it is easy enough to know that peanut-butter cups might be a trigger for a person with food allergies, but what about those deluxe Halloween cookies your co-worker makes each year? They can also pose an exposure risk, and possibly lead to litigation.

In March 2015, a family sued the grocery chain Publix after their son died after eating a mislabeled cookie. The family purchased the cookie from the bakery section of the store only after being told it was nut-free, as no ingredients were listed, and there was no allergen warning. Despite this assurance, the little boy had a severe reaction to the cookie, which contained walnuts, and he eventually died.

While there are no similar cases where an employer was found liable for exposure to treats brought in by another employee, it is plausible that such a suit could occur, particularly if the treats were shared as a part of company-sanctioned festivities. Thus, employers may need to be cautious when encouraging employees to share homemade treats during the Halloween season.

My Employee Has a Food Allergy, So What?

Depending on their severity, food allergies may be covered by the Americans with Disabilities Act (ADA) or similar state laws. The burden is on the employee to alert the employer to their food allergy.  Once an employee has done so, management must treat the claim seriously.

If the employee is seeking accommodations because of their allergy, the employer should follow the ADA protocol the same as it would with any other potentially disabled employee. The employer may request documentation of the allergy before granting an accommodation. If the medical documentation shows that the employee in fact suffers from a disabling condition, the employer needs to engage in the interactive process and brainstorm accommodations that would allow the employee to perform the essential functions of the job.

If there are no such accommodations, then the employee is simply not qualified for the position. However, you should not simply dismiss a request as unreasonable until you have fully explored whether it would, in fact, be possible. Remember, showing that an accommodation is unreasonable because it would present an undue hardship is a very high burden. Finally, the ADA’s anti-retaliation provisions mean that you cannot fire someone just because they have a food allergy or because they asked for an accommodation for that food allergy.

Around the workplace, employers can take a few easy steps to reduce their employees’ risk of exposure to food allergens. Employers may wish to conduct training on the risks associated with food allergies and helping employees recognize the signs of an allergic attack in others. Employers should consider posting signage in kitchen areas and providing disposable plates, cups, and utensils for use by employees with allergies.

Finally, employers must treat employees with food allergies, and their related needs, seriously. Don’t be the boss who shrugs off a food allergy.

Stefanie Renaud, Esq., is an associate with the law firm Skoler, Abbott & Presser, P.C., which exclusively represents management in labor and employment matters; (413) 737-4753; [email protected]

Daily News

AGAWAM — The Employers Assoc. of the NorthEast (EANE) announced its annual Employment Law & HR Practices Conference will be held on Thursday, Nov. 3 at the Springfield Marriott. The full-day conference will address the ever-changing issues facing employers in today’s workplace.

Featured keynote speakers will be Jessica Fraga, continuous improvement consultant at MassMutual, who is a successful relationship-builder with a passion for diversity and inclusion. She will present “Breaking Ground on Gender Identity,” demonstrating how organizations can create transgender-inclusive workplaces by moving from policy to practice.

Attorney Susan Fentin, a partner at the law firm of Skoler, Abbott, & Presser, will present “Minimizing Your FLSA Risk: Overtime Is Money,” explaining the new Department of Labor overtime standards and sharing strategies for assessing impact and exposure on organizations.

“We recap the vital developments in state and federal employment law and review best practices with an array of experts,” said Meredith Wise, president of the Employers Assoc. of the NorthEast. “Participants walk away with practical guidance and big-picture strategies to use right away.”

The cost for the program is $285 per person, with discounts for three or more. Register at www.eane.org/elhr16 or via phone at (877) 662-6444. The program will offer 5.5 credits from the HR Certification Institute and SHRM.

Serving employers in the Northeast for more than 100 years, and boasting more than 900 members, EANE provides resources for organizations to maximize employee engagement and retention while minimizing risk.

Daily News

SPRINGFIELD — On Friday, Oct. 14, the Western New England University School of Law will host a daylong symposium titled “Gender and Incarceration” in the Blake Law Center from 11 a.m. to 7:30 p.m. The symposium will feature an interdisciplinary discussion of issues facing incarcerated individuals, such as parental rights, treatment of transgender inmates, sexual-orientation-based segregation, sexual violence, pregnancy, solitary confinement, and the intersection of race and gender in confinement.

Presenters will include Professors Jen Manion from Amherst College, Gabriel Arkles from Northeastern University, Brenda Smith from Washington College of Law at American University, and Terry Kupers from the Wright Institute. Also presenting is Carol Strickman from Legal Services for Prisoners with Children, and Rachel Roth, author of Breaking Promises: Violations of the Massachusetts Pregnancy Standards and Anti-Shackling Law.

The symposium is sponsored by the Western New England Law Review and the Clason Speaker Series. Refreshments will be served throughout the day.

The event is free and open to the public, and registration is not required, but RSVP is appreciated, by e-mailing [email protected].

Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C. announced that, after 40 years of practicing law, attorney Jay Presser has retired.

“It has truly been an honor for me to be a part of the firm,” said Presser. “My career at Skoler Abbott has afforded me the distinct opportunity of working alongside some of the best lawyers in our region, and I know the firm’s legal reputation will continue on for many years.”

Presser, who started with the firm in 1977, has more than 40 years of experience litigating employment cases in federal and state courts and before administrative agencies, including the National Labor Relations Board, the Mass. Commission Against Discrimination, and the State Labor Relations Commission. He has successfully defended employers in civil actions and jury trials and has handled cases in all areas of employment law. He has won appeals before the Supreme Judicial Court and the First and Second Circuit Courts of Appeals, and has represented employers in hundreds of arbitration cases arising under collective-bargaining agreements. In addition to his consistent track record in the courtroom, he has received numerous honors, along with more than 20 consecutive years on the Best Lawyers in America list.

“As we reflect on Jay’s retirement, we look forward to the future of the firm,” said attorney Timothy Murphy. “With his help, we have assembled an excellent team of legal professionals — a legacy that Jay will leave behind for years to come.”