Tag Archives: Davis Malm


Davis, Malm & D’Agostine, P.C. is pleased to announce that 26 of its attorneys were named to the list of 2014 Massachusetts Super Lawyers and Rising Stars. The results will be published in a supplement to the November 2014 issue of Boston magazine and in New England Super Lawyers, published by Thomson Reuters.

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On October 16, Davis Malm shareholder Gary M. Feldman will serve as a co-presenter for the Massachusetts Continuing Legal Education (MCLE) seminar “Employment Policies.” This program is Unit 7 of MCLE’s 17-part Employment & Labor Law Professional Development Plan series. The seminar will focus on how employment policies set forth an employer’s rules, benefits, and general expectations for the workplace, as well as the pitfalls to be aware of with these policies.

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Howard P. Speicher was recently nominated by Governor Deval Patrick to serve as an associate justice of the Land Court. If confirmed by the Governor’s Council, Mr. Speicher will fill the vacancy created by the upcoming retirement of Judge Harry M. Grossman.

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Denied Brownfields Tax Credit Eligibility, Taxpayers Challenge Massachusetts Policy,

Four Massachusetts taxpayers are challenging what they call a fundamental policy change by the state Department of Revenue related to the use of tax credits associated with the cleanup of environmental contamination (Northeastern Univ. v. Mass. Comm’r of Revenue, Mass. Super. Ct., No. 14-2617, complaint filed 8/18/14; 131 Willow Ave. v. Comm’r of Revenue, Mass. Super. Ct., No. 14-2603, complaint filed 8/15/14).

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Massachusetts Law Requires Employers to Provide Leave to Victims of Domestic Violence

On August 8, 2014, the Governor of Massachusetts signed into law An Act Relative to Domestic Violence (the “ARDV”). The ARDV requires all employers with 50 or more employees to provide up to 15 days of unpaid leave in any 12-month period to employees impacted by domestic violence. Covered employers must notify employees of their rights.

An employee may be eligible for ARDV leave if the employee or a family member is a victim of abusive behavior, including domestic violence, stalking, sexual assault, and kidnapping. ARDV leave must be directly related to the abuse, such as for purposes of seeking medical attention, counselling, or legal assistance; obtaining a protective order from a court; or attending a child custody proceeding. The Act provides details as to notice and documentation requirements. More…

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DAVIS MALM ATTORNEYS NAMED TO Best Lawyers in America© 2015

Davis Malm is pleased to announce that three of its shareholders have been selected by their peers for inclusion in The Best Lawyers in America© 2015, one of the oldest and most respected peer-review publication in the legal profession.

We congratulate the following shareholders chosen for work in their respective fields:

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Forum Selection Clauses Can Mean Savings for Employers,

When it comes to the enforcement of restrictive covenants, such as non-compete, non-solicitation and confidentiality agreements, not all states are created equal. The very same restrictive covenant enforced in one state may be unenforceable in another.

Most employment agreements address the issue by adding a choice of law provision, which chooses the state law that will apply to the agreement. Yet, a choice of law provision by itself is not enough.

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Second Circuit Mixes Clarity with Opacity in Ruling on Trial Courts’ Review of SEC Settlement,

It is curious how an appellate court can resolve cases before it in a manner and spirit that are vastly at odds with the driving philosophy behind the lower court’s decision. The U.S. Court of Appeals for the Second Circuit’s decision in United States Securities and Exchange Commission v. CitiGroup Global Markets, Inc.is such a case. Judge Jed Rakoff’s decision below, S.E.C. v. CitiGroup Global Markets, Inc., 827 F. Supp. 2d 328 (S.D.N.Y. 2011), in which he declined to enter a consent decree that resulted from settlement negotiations, was driven by the judge’s intense displeasure that the settlement presented to him failed to include an admission of guilty. The decision emboldened advocates who believed that the SEC should require admissions, and likely played a role in the agency announcing that it would so require them in certain matters.

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Non-Competition Agreements: Are They Facing Possible Extinction?

Former employees may be out of sight, but certainly not out of mind. If a former employee of a company is hired by a competitor, the company risks losing more than its trade secrets and confidential information: its goodwill, reputation, and relationships with its customers, clients, and vendors are all at stake. As labour mobility has increased, employers in the United States have increasingly incorporated non-compete agreements into their employment contracts to prevent former employees from trading on the knowledge and relationships created during their employment. 

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George L. Chimento, Gary M. Feldman, Paul L. Feldman, Brian L. Gaudet, and Tamsin R. Kaplan Selected 2014 Chambers USA Leaders in their Field

Chambers USA announced that five Davis Malm attorneys, George L. Chimento (Employee Benefits and Executive Compensation), Gary M. Feldman and Tamsin R. Kaplan (Labor and Employment), Paul L. Feldman (General Commercial Litigation), and Brian L. Gaudet (Tax) have been recognized as leaders in their fields for exceptional work in their respective practice areas.

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