By Anton Kernohan, legal intern Throughout history, the LGBTQ+ community has persisted despite repeated laws and attempts to restrict the community’s rights. Since assuming office, President Trump has undertaken the most recent iteration of actions that once again threaten the lives of LGBTQ+ persons, especially transgender, non-binary, and intersex individuals. Article…
In Doe v. Stonehill College the First Circuit Demonstrates a Willingness to Second Guess how Schools Conduct Disciplinary Processes
For the second time this year, the First Circuit has reversed a district court’s ruling dismissing a student’s breach of contract claim against his school, reaffirming that courts are willing to second guess school’s interpretations and applications of their own policies. Background of the Case In Doe v. Stonehill College…
When Are Remote Workers Covered by Massachusetts Laws?
In the last few decades, and particularly since the start of the COVID-19 pandemic, remote working arrangements have become increasingly common. In many industries, an employee can produce documents, answer emails, and attend video meetings from anywhere with an Internet connection, without even setting foot in an employer’s office. That…
Ten ZDB Lawyers Named to Best Lawyers in America
Zalkind Duncan & Bernstein LLP is proud to announce that Attorneys Inga Bernstein, David Duncan, Emma Quinn-Judge, Monica Shah, Naomi Shatz, Rachel Stroup, David Russcol, Ana Munoz, Norman Zalkind, and Ruth O’Meara-Costello are listed in the 2023 edition of The Best Lawyers in America. They were recognized for their work in…
Public School Teachers and Social Media: the Protections and Limitations of the Right to Free Speech
The convergence of widespread social media use, and recent national social movements and events—including the current war in Israel and Palestine, the MeToo movement, the Black Lives Matter movement, and the COVID-19 pandemic—has led to a growing number of public school teachers and other government employees being disciplined for statements…
ZDB is Hiring!
Boston Criminal Defense & Civil Litigation Firm Paralegal/Legal Assistant Position We are a fourteen-lawyer firm located in the North End/Waterfront of Boston, with an interesting, varied, fast-paced practice in criminal defense and civil litigation (including employment, students’ rights, and other academic cases). We seek a motivated Paralegal/Legal Assistant with a strong…
First Circuit Decides Massachusetts Wage and Hour Laws Apply to Au Pairs
By: Jinal Sharma, Legal Intern Earlier this month, in Capron v. Attorney General of Massachusetts, the Court of Appeals for the First Circuit rejected an au pair agency’s challenge to Massachusetts labor laws, finding that Massachusetts wage and hour laws apply to au pairs. Under the First Circuit’s ruling, that means that au pairs in Massachusetts are…
Breath-tests allowed back in evidence at OUI trials
On July 29, 2019, Judge Robert A. Brennan lifted the “presumption of unreliability” which had kept breathalyzer tests in drunk driving cases out of evidence since August 2017. This decision is the latest in a series of decisions Judge Brennan has made in Commonwealth v. Ananias, a case that raised…
SJC Hears Oral Arguments over Request for Records of Show Cause Hearings
Massachusetts has a unique system for certain criminal complaints, where both a police officer or private individual can apply for a criminal complaint and a clerk magistrate will decide whether there is probable cause for a criminal complaint to be issued. This process is available for most misdemeanor crimes and some felony crimes…
Massachusetts begins releasing prisoners under new “compassionate release” program
Before April 2018, Massachusetts was only one of five states without a “compassionate release” program. However, thanks to the new criminal justice reform bill signed by Governor Baker, inmates may now apply to be considered for this new opportunity. The program officially began taking applications from inmates in August 2018 and the first inmate was…