Brendan Cox Quoted in Law360 Article on Massachusetts Superior Court’s New Standing Rule 1-26

Brendan Cox was featured in a Law360 article discussing Massachusetts Superior Court’s new Standing Rule 1-26.

Taking effect June 1, it expands the range of proceedings held presumptively by videoconference.

Brendan discussed that while remote hearings offer real savings in travel and wait time, they also eliminate the informal interactions between attorneys that may provide significant opportunities for faster resolutions for clients. He said: “Those communications are really hard to value, but the value is more than zero. Remote proceedings take away that opportunity to some degree.”

The article also highlighted concerns around training opportunities for younger attorneys, as many of the hearings where new lawyers typically gain courtroom experience are now presumptively remote.

Darshana Indira and Trisha Gautam Publish Law360 Article Covering Massachusetts Whistleblower Protections

Darshana Indira and Trisha Gautam recently published an article in Law360 analyzing the Massachusetts Supreme Judicial Court’s recent decision in Galvin v. Roxbury Community College and its implications for employers under the Massachusetts Whistleblower Act.

In the article, titled “What Mass. Ruling Clarifies About Whistleblower Protections,” Indira and Gautam examine the court’s decision, addressing whether employees whose job duties include monitoring and ensuring compliance can claim whistleblower protection when the alleged violation falls within their own responsibilities.

The court answered the question decisively: an employee does not lose whistleblower protection simply because identifying or reporting the violation was part of the employee’s role.

This case involved Thomas Galvin, who served as the director of facilities and public safety at Roxbury Community College and was responsible for campus security and compliance with the Clery Act. After learning of unreported sexual assault allegations that should have been included in the college’s federal disclosures, Galvin raised concerns internally and with the Massachusetts State Auditor’s Office. His employment was subsequently terminated, and a jury found that his whistleblowing was the determinative cause of his termination.

Indira and Gautam explain that the court’s reasoning reinforces the broad scope of the Whistleblower Act. The statute contains no limitation excluding employees who are involved in or responsible for the conduct at issue, and the court recognized that compliance officers and similar roles are often the individuals most likely to identify regulatory failures. Excluding them from protection would undermine the statute’s purpose of encouraging the reporting of violations that might otherwise remain concealed.

At the same time, the article notes an equally important distinction drawn by the court: establishing that an employee engaged in protected activity does not resolve whether the employee was unlawfully terminated. Employers retain the ability to address performance issues and misconduct, including failures related to compliance. The critical question is whether the adverse action was taken because of the employee’s protected activity—a fact-intensive determination properly left to the jury.

The article offers practical takeaways for employers, including how important it is to maintain thorough documentation of performance evaluations and disciplinary decisions, ensuring that employees have accessible internal channels for raising concerns, and applying disciplinary policies consistently. There is a particular emphasis that employers who invest in strong compliance programs and approach disciplinary decisions with care will be better positioned to navigate scrutiny when compliance failures come to light through internal reporting.

The full article is available to subscribers at Law360.

Matthew Kane Publishes Article in Mass Lawyers Weekly on Wire Fraud Loss Allocation

Matthew A. Kane authored an article titled “Wire fraud litigation: understanding the loss allocation rules for Article 4A”  for Massachusetts Lawyers Weekly. In the article Matt examines the loss allocation rules governing wire transfer fraud under Article 4A of the Uniform Commercial Code. Drawing on his experience representing banks, Matt explains how losses from wire transfer fraud are allocated under the statutory framework and why the results often surprise the victims.

Matt shares that most wire transfer fraud does not involve sophisticated hacking. Instead, fraudsters rely on social engineering, impersonation, and forged documents to trick businesses into authorizing transfers to accounts the fraudster controls. When a business later discovers the fraud and turns to its bank for reimbursement, Article 4A determines who bears the loss, not common law concepts like negligence or causation. Under Article 4A, if the customer authorized the payment order (even if the customer was deceived into doing so), the bank generally has no obligation to refund the loss. The statutory framework was designed not to assess which party was more careful, but to establish in advance who would bear the risk.

Matt’s article also addresses the role of “commercially reasonable” security procedures, the ability of banks and customers to modify loss allocation rules by agreement, and the high burden a customer faces when attempting to shift liability back to a bank. He notes that Article 4A intentionally displaces competing legal theories when the alleged loss arises from the execution of a wire transfer.

For commercial litigators, Matt emphasizes that claims arising from induced wire transfer fraud require more than showing that the fraud was foreseeable or that the bank might have acted differently. Successful claims typically turn on whether the bank deviated from agreed security procedures or relied on procedures that were not commercially reasonable.

The full article is available to subscribers at Massachusetts Lawyers Weekly.

Payal Salsburg Quoted in Mass Lawyers Weekly on Law Firm Succession Planning

Smith Kane partner Payal Salsburg was recently quoted in a Massachusetts Lawyers Weekly article covering succession planning challenges facing small and midsize law firms. The article is entitled “Are small, midsize firms facing succession planning crisis?” and discussed Payal’s firsthand account of Smith Kane’s recent successful leadership transition.

In the article, Payal describes the firm’s multi-year transition plan that was put into motion three years ago when co-founder and former partner Marc C. Laredo decided to run for mayor of Newton. Payal explained that the plan addressed three critical areas: transition of leadership, transition of the business, and transition of client relationships.

Payal emphasized the importance of reassuring clients that the firm’s approach to practicing law would continue under the firm’s new leadership, noting that this was particularly important for the firm’s small business clients. As part of the plan, upcoming junior partners and senior associates were actively involved in the firm’s cases so that clients knew them by name well before the transition took effect.

Payal shared that the transition was seamless while co-founding partner Mark Smith stepped back from an active administrative role and Matthew Kane succeeded Marc Laredo as managing partner.

Payal shared several takeaways from the firm’s experience that she believes are relevant to other small and midsize firms. She urged firm leaders to start planning early rather than waiting until transitions become urgent, noting that the wave of baby boomer attorneys who have been running small and midsize firms are reaching retirement age. While she emphasized it is not an immediate crisis, planning needs to begin early for how firms will sustain their practices as partners retire.

Payal also stressed the importance of having a written transition plan and of engaging junior partners and senior associates in the process early, so they are prepared to take on expanded roles. She acknowledged that attorneys of a younger generation may not always be interested in taking on the business side of a small-firm practice, which may require firms to consider bringing in lateral hires or exploring mergers with other small firms to keep the practice going.

The full article is available to subscribers at Massachusetts Lawyers Weekly.

Boston Globe: As Marc Laredo leaves to become mayor of Newton, law firm changes name

As published in the Boston Globe on December 17th:

The new year will mean a new mayor in Newton — and a new name for the law firm he used to lead.

As Marc Laredo prepares to be sworn in as mayor on Jan. 1, taking over for Ruthanne Fuller, he’s also wrapping up matters at the Boston firm he cofounded in 1996, now called Laredo, Smith & Kane. Within a few weeks, his name comes off the sign. So it will just be Smith Kane as Laredo ends his equity investment in the firm to focus on his new City Hall job.

Laredo was already starting to step back. A year ago, Matthew Kane took over for Laredo as the 10-person litigation firm’s managing partner, and Kane’s name was added to the firm’s name. That name change happened with little fanfare — the firm’s website still makes it seem as if the business is called Laredo & Smith — but there will be a bigger push to promote the latest iteration. (Partner Mark Smith, who joined about 25 years ago, will remain on board.)

Laredo says he’ll miss working with his clients. But the longtime city councilor will now need to spend more time on solving school budget issues, making sure the parks stay green and the trash gets picked upon time, and dealing with other headaches of municipal government.

“I decided to run for mayor over 18 months ago,” Laredo said. “Early on, we decided this would be a really good time to think about the firm’s future. It’s very important to me that a place I helped build thrives going forward [and] we transition to the next generation, whether I won or lost the election.”

What happens when HR execs violate their own policies?

Darshana Indira authored an article, “What Happens When HR Execs Violate Their Own Policies,” for HR Executive. In the article, Darshana discusses how recent headlines involving HR executives and workplace misconduct highlight a critical issue for employers: the heightened legal exposure and credibility concerns that arise when compliance leaders violate the policies they enforce. The article examines why consistent enforcement matters, how to conduct impartial investigations when leadership is involved, and the reputational consequences of failing to hold HR leaders accountable.

Brendan Cox Quoted in Article Published in the Concord Bridge

Brendan Cox was quoted in the recent article published in the Concord Bridge, “Free Speech, or Viable Threat.” The article examines a legal case in Concord involving an individual who was arrested for allegedly violating a harassment prevention order by placing “scarecrow” displays targeting the School’s Superintendent.

Cox, an experienced criminal defense lawyer, discusses two points regarding the case. First, that prosecutors must prove this individual physically placed the signs. He noted, “Fingerprints are not infallible,” suggesting this evidence alone may not be sufficient for conviction. Second, he also argued that the alleged targeted individual’s status as a public official “should factor into the analysis” because it changes “the degree of privacy the person is entitled to and the degree of public discourse that they can expect to be subjected to.”

Brendan Cox Quoted in Law360 Article Analyzing Precedent-Setting Immigration Bail Case

Partner Brendan Cox provided comments in a Law360 article, “Deportation Before Due Process? Mass. Justices to Decide” regarding a precedent-setting case before the Massachusetts Supreme Judicial Court, involving state bail decisions and federal immigration enforcement. In Commonwealth v. Alvarez, (a case in which he is not involved), the state’s highest court is considering whether judges can intentionally set higher bail amounts to keep defendants in state custody and prevent deportation during criminal proceedings.

Brendan Cox explained that Massachusetts bail statute language supports judicial discretion in considering deportation status, noting that the standard bail form includes a “further explanation” category that “contemplates the possibility that other factors are able to be considered.” He emphasized that this approach is “consistent with the idea that a judge determining bail is well within their discretion to consider the totality of the circumstances.”

The case involves a Haitian immigrant facing sexual assault charges who paradoxically prefers deportation over remaining in state custody on significantly increased bail. Cox predicts that the justices will likely find the lower court judge acted within proper discretion, explaining that while the statute enumerates specific bail factors, these appear to be “intended to be exemplars” rather than exclusive limitations, with the “overall concept” being whether “the person going to show up.”

 

Laredo, Smith & Kane Elevates Two Attorneys

Laredo, Smith & Kane announces the elevation of Brendan S. Cox to Partner and Darshana Indira to Senior Counsel, effective Jan. 1, 2025.

“Congratulations to Brendan and Darshana,” said Matthew A. Kane, Managing Partner, Laredo, Smith & Kane. “Brendan is an exceptional litigator and criminal defense attorney, and Darshana is a talented employment and business lawyer. These well-deserved elevations reflect their hard work, dedication, and the trust they’ve earned from both clients and colleagues. We look forward to celebrating their continued achievements in the new roles.”

Cox is an experienced litigator and criminal defense attorney. A versatile advocate, he counsels businesses and individuals to build strong cases that provide maximum protection and minimize serious risks. He has extensive experience managing trial court matters for complex civil and criminal cases, as well as advising companies of all sizes on business litigation matters. Cox’s criminal defense experience includes litigating all aspects of the criminal process, from probable cause hearings and arraignments through complex evidentiary motions and trial. He represents clients on a wide range of matters, including minor misdemeanors through serious, life-changing felonies. In addition to managing a full caseload of trial court matters, Cox also serves as a business advisor to companies on a range of matters such as employment agreements, business law, contracts, and intellectual property concerns.

As an accomplished employment and business lawyer, Indira advises company owners, organizational leaders, and C-suite executives across a broad spectrum of employment and commercial litigation matters. With a deep understanding of various industries, including pharmaceuticals, biotech, healthcare, and retail, her expertise spans both transactional and litigation work. In her employment practice, Indira provides strategic counsel to businesses on the complexities of employer-employee relationships. She assists management and senior executives in navigating executive compensation, employment agreements, non-compete clauses, and severance negotiations.

About Laredo, Smith & Kane, LLP

For nearly 30 years, Laredo, Smith & Kane has helped clients grow their businesses and resolve legal matters–offering clients big-firm expertise with the client-centered strategy that only a small firm can provide.  The firm’s attorneys successfully combine a strategic approach to running a business with thoughtful, thorough, and protective legal representation. The firm represents clients in matters related to business law and litigation, white collar criminal defense, government investigations, employment law, and school disciplinary and Title IX matters.

Darshana Indira Featured in DEI Spotlight

The Massachusetts Bar Association’s Diversity, Equity and Inclusion Committee highlights diverse attorneys within the legal community to recognize achievements and contributions. In honor of Diwali, a Hindu festival and national holiday across India, the DEIC proudly highlighted our very own, Darshana Indira!