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Firm News
November 2007
Law & Politics has selected nine Conn Kavanaugh attorneys as “Massachusetts Super Lawyers” for 2007: Russell F. Conn, George M. Ford, Thomas J. Gallitano, Erin K. Higgins, James F. Kavanaugh, Jr., Thomas E. Peisch, James B. Peloquin, Bob B. Rosenthal and Carol A. Starkey.  In addition, Thomas J. Gallitano, Thomas E. Peisch, and James B. Peloquin were selected as within the top 100 Massachusetts lawyers and the top 100 New England lawyers, James F. Kavanaugh, Jr. was selected as within the top 100 Massachusetts lawyers. Erin K. Higgins was selected as within the top 50 New England and top 50 Massachusetts women lawyers and Carol A. Starkey was selected as one of the top lawyers in New England for white collar criminal defense.
 
November 1, 2007
George M. Ford will be presenting the MCLE Family Court Judicial Forum on November 27, 2007. This forum is the first of its kind in family law, where judges will present "views" from the bench, based upon fact patterns prepared by him.
 
October 31, 2007
Erin K. Higgins obtained a defense verdict following an eight-day jury trial in Middlesex Superior Court. The jury found that the firm's clients, a hotel company and its president, were not liable for age discrimination in connection with the departure of the hotel's director of sales.
 
October 30, 2007
Thomas J. Gallitano was appointed by Governor Deval Patrick to serve as Chair of the Massachusetts Commission Against Discrimination Advisory Board. The Advisory Board advises the MCAD and the governor on policy matters affecting the work of the commission, reviews implementation of the commission’s programs and policies, and reports on their conclusions to the commission and the governor. Previously, Mr. Gallitano chaired a search committee charged with identifying qualified candidates for senior positions at the MCAD.
 
September 7, 2007
For the 25th year in a row, George M. Ford has been selected to be included in the Best Lawyers in America, in his specialty of Family law. Mr. Ford has been selected through a rigorous peer review survey conducted by the publishers of the book every year since the publication's inception in 1983. This is a distinctive honor as the book is regarded by many in the profession and general public as the most respected referral list of attorneys in practice.
 
July 17, 2007
Thomas E. Peisch has been appointed Chair of the Wellesley Municipal Light Plant ("MLP") for a one-year term ending in June of 2008. The MLP is owned by the Town of Wellesley and provides electricity and related services to over 9500 residential and municipal customers.  Mr. Peisch has been a member of the MLP's Board of Directors since 2004.
 
July 12, 2007
The United States First Circuit Court of Appeals affirmed judgment on the pleadings for our client on the basis of ERISA preemption. Constance M. McGrane and James F. Kavanaugh, Jr. handled the underlying motion for judgment on the pleadings and the appeal at the First Circuit.
 
July 2, 2007
An editorial article concerning legal professional responsibility by Thomas E. Peisch and Andrew R. Dennington appeared in the newspaper Massachusetts Lawyers Weekly. The article entitled "Dallas firm's demise holds lessons for Massachusetts lawyers," described the downfall of a large national law firm when a few lawyers allegedly provided improper advice to wealthy clients concerning tax shelters.
 
June 7, 2007
The First Circuit affirmed a summary judgment ruling in favor of a firm client, agreeing that the client's insurance policy provided no coverage for arbitration claims that resulted in an underlying judgment of $2.6 million.  In so deciding, the First Circuit determined that the insured's breach of an exclusivity provision in a contract did not constitute "professional services" within the meaning of an errors and omissions policy. The client was represented in the matter by Russell F. Conn and Erin K. Higgins.
 
June 2007
Chambers USA, America's Leading Lawyers for Business Directory, has named Russell F. Conn as a "Leading Practitioner" in Massachusetts Labor and Employment Law.
 
June 2007
George M. Ford served on the faculty of the 2007 MCLE Family Law Trial Advocacy Workshop, an intensive week long program for family law practice.
 
May 21, 2007
A Massachusetts Superior Court Judge dismissed one of three felony charges against a public employee client of the firm in an alleged workplace corruption case. The Court ruled that the charge could not be sustained under the applicable statute and accepted the arguments advanced by Thomas E. Peisch and Carol A. Starkey. The remaining charges are pending and will be tried in the fall.
 
May 17, 2007
The Massachusetts Appeals Court, in two separate opinions, affirmed a lower court ruling in favor of a Conn Kavanaugh client who had been sued for fraud and negligence by a former partner. The lawsuit arose out of a 140-unit condominium project in a community south of Boston. The trial was conducted over 5 days and resulted in a ruling in favor of the Conn Kavanaugh client on all claims. The Appeals Court agreed with the vindication of the client. Thomas E. Peisch and Carol A. Starkey handled the matter.
 
May 2007
Honored among "the top young lawyers in Massachusetts," five Conn Kavanaugh attorneys were named Rising Stars in the May 2007 edition of Massachusetts Super Lawyers published by Law and Politics and Boston Magazine: Partner Kurt B. Fliegauf (Business Litigation), and associates Michael R. Bernardo (Employment & Labor), Johanna L. Matloff (General Litigation), Amy C. Stewart (General Litigation) and Lurleen A. Gannon(Employment Litigation: Defense). Rising Stars are age 40 or younger or have been practicing for ten or fewer years. Only 2.5% of Massachusetts attorneys were named Rising Stars.
 
March 2007
The American College of Trial Lawyers (ACTL) approved and issued its Statement on Best Practices for Lawyer Advertising. Thomas E. Peisch who was admitted to the ACTL in 2004, served as one of the thirteen members of the Task Force which developed the statement. The ACTL, founded in 1950, is composed of the best of the trial bar from the United States and Canada. Membership is by invitation only and cannot exceed 1% of the total lawyer population in any state or province.
 
March 27, 2007
The Town of Hopkinton, represented by Kurt B. Fliegauf, was awarded over $80,000 in attorneys' fees and costs as the prevailing party in litigation against a developer. The total judgment in favor of the firm's client amounted to approximately $750,000.
 
March 23, 2007
Massachusetts Land Court handed down a trial decision upholding the denial of a special permit for a gas station and convenience store development. This was the third such trial victory for James Gray Wagner for the municipal client.
 
March 9, 2007
Michael T. Sullivan served as a lecturer and panelist for Suffolk University Law School's continuing legal education seminar on nursing home litigation, which was attended by attorneys, insurance representatives, and health care professionals alike. Mr. Sullivan's lecture focused upon the standards of patient care, and the bases for civil liability, that are applicable to nursing homes.
 
February 23, 2007
Kurt B. Fliegauf presented a section at the 43rd Annual Basic Practice Skills Program sponsored by Massachusetts Continuing Legal Education on the Preparation, Negotiation and Trial of a Chapter 93A case.
 
February 15, 2007
Thomas E. Peisch has been appointed Chair of the Steering Committee for the 2007 Boston Bar Association Law Day Dinner. The event will be held on May 3, 2007, at the Boston Marriott Copley Place Hotel. The featured speaker will be Governor Deval Patrick. The Dinner is the culminating event of the BBA's annual celebration of Law Day. The Dinner is expected to draw up to 1500 lawyers and judges.
 
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