Thankfully serving the New England region for nearly two decades.



Drew Colby

Construction Law

J. Nathan Cole

Litigation - Construction

Personal Injury Litigation - Defendants

Michelle De Oliveira

Employment Law - Management

Christopher A. Kenney

Commercial Litigation

Insurance Law (Lawyer of the Year)

Litigation - Labor and Employment

David R. Kerrigan

Commercial Litigation

Laura M. Raisty

Employment Law - Management

Litigation - Labor and Employment

Michael P. Sams

Construction Law

Litigation - Construction

Litigation - Insurance

Ross C. Wecker

Construction Law

Matthew Welnicki

Commercial Litigation 

Brittany M. Darcy

Family Law

Michael P. Dickman

Construction Law

Herling D. Romero Adrianza

Commercial Litigation

Litigation - Construction

Litigation - Labor and Employment

Gregory Vanden-Eykel

Labor and Employment Law - Management

Alexander Zwillinger

Commercial Litigation

Construction Law

Litigation - Construction

Chris Kenney named as Lawyer of the Year in Boston area

K&S Welcomes Joshua Klebanoff

Team Recognition

2024 Promotions

Please help us congratulate Brittany Darcy, Mike Dickman, and Herling Romero on their well-deserved promotions to Senior Associate.

Announcing the launch of our new podcast: Trial Think

Get an insider’s view of legal best practices from the founders, senior partners and associates of our rapidly growing firm. This podcast is designed to be both entertaining and educational, offering valuable insights from litigation leaders and employment councilors in the greater Boston and New England region.

Join us on this journey as we explore the dynamic world of commercial litigation, construction, and employment law and share practical advice to help you navigate legal challenges.

K&S Lawyers in the News



Laura M. Raisty and Michelle De Oliveira were both quoted in a Massachusetts Lawyers Weekly article, “New pay transparency law seen as kinder than analogs elsewhere,” discussing Massachusetts’ newly engaged pay transparency law. 

Mike Sams and Alex Zwillinger recently secured a victory for one of their construction clients through arbitration before the AAA. The client, one of the largest finishing subcontractors in the Northeast, had a dispute with a local union concerning whether it needed to make contributions for a union member’s work after retirement. The contractor stood up for the worker while Mike and Alex fought to enforce the terms of the collective bargaining agreement and related union agreements.

Mike and Alex successfully directed the matter to arbitration, developed a winning strategy based on the facts and the law, and extracted a favorable settlement within the minutes of cross examining the union’s first witness. 

Chris Kenney and Mike Dickman recently achieved a favorable settlement in a serious personal injury case arising out of a trucking accident in New York. Our client was severely injured when his foot was run over by a truck at a busy intersection in Manhattan. We conducted a proactive investigation, filed suit, and secured an expedited settlement conference before a federal magistrate judge in United States District Court in New York. 

At the settlement conference we presented a truncated version of the arguments and evidence we would present to a jury at trial. As the result of negotiations at and after that settlement conference we achieved a settlement of $500,000.00 for our client without the need for trial. 

Mike Sams and Matt Madden successfully appealed the decision of an awarding authority to reject the low bid of one of their construction clients for a large boiler replacement project. bid was initially rejected by the awarding authority based on its alleged "past experience," working with the client on a recent project.

Mike and Matt argued that the decision to reject the low bid was not supported by the prior project record or documented through project evaluations that the awarding authority was statutorily required to file with DCAMM. The Attorney General agreed, finding that the decision was arbitrary and capricious, and directing the awarding authority to award the contract to the client. 

Drew Colby and Brittany Darcy recently secured a substantial judgment, including multiple damages, costs, and attorney’s fees, on behalf of subcontractor in a breach of contract dispute following an assessment of damages trial.

The team thoughtfully and swiftly pursued the claims and the Court defaulted both defendants for their failure to appear. Following the entry of default, the Court scheduled an evidentiary hearing and considered testimony from our clients about the defendants’ knowing and willful misconduct and unfair and deceptive business practices.

The Court ultimately determined that the relief we requested – including double damages and attorney’s fees under c. 93A – should be awarded.   

Mike Sams and Dave Viens recently convinced our subcontractor client’s insurer to settle a contractual indemnity third-party suit brought against our client by a general contractor arising from a serious injury suffered by a subcontractor employee on a jobsite. The injured employee sued the project owner, general contractor and another subcontractor on the job relating to his fall from heights and his serious, permanent and career-ending injuries. The general contractor impleaded our client seeking contractual indemnity. Our client’s insurer initially denied coverage for the claim citing a policy exclusion for injuries to employees and subcontractors. 

With aggressive representation and pushback, Mike and Dave were able to convince the insurer to reconsider its position and to defend the claim (paying all defense costs) under a reservation of rights. The insurer then had sought, however, to disclaim coverage by filing a separate declaratory judgment action against our client. Mike and Dave also aggressively litigated the coverage case in which they created leverage by locating favorable legal authorities addressing the policy exclusion at issue and raising ambiguities in the insurance policy. The parties were able to reach a global resolution of all claims in the serious injury case, including the contractual claims against our client, as well as dismissal of the coverage case, with our client’s insurer fully funding our client’s contribution to the global settlement. We are very pleased with this great result for our client which avoided significant potential exposure to the company.

Chris Kenney and Mike Dickman obtained a favorable settlement for a property owner client in a complex, multi-party, catastrophic personal injury case. The case involved nine injured plaintiffs, five defendants, and was scheduled to begin a multi-week trial this July. The parties participated in a judicial settlement conference on the date originally slated for the start of trial. Kenney & Sams capitalized on key rulings on pre-trial motions, together with a comprehensive and creative trial strategy, to ensure that its client contributed only a small percentage to the global settlement amount. By achieving settlement before trial, Chris and Mike protected the client's business interests and minimized its exposure.

Mike Sams, Greg Vanden-Eykel, and Mike Dickman secured a judgment greater than $500,000 for a general contractor in Rhode Island Superior Court. Kenney & Sams filed suit on the contractor's behalf against a subcontractor and its principal for failing to perform on a Rhode Island public project. 

Following discovery, Kenney & Sams prevailed on a motion for entry of final judgment and a written application. The Court awarded the general contractor one hundred percent of its damages, including increased costs to hire a replacement subcontractor and all overhead/support costs. 



The Claims Clause

By: Drew Colby

One of the most dangerous clauses in any construction contract is the claims clause. The claims clause provides relief (monetary and/or time) for changes in the work. This clause can be a landmine for owners and trades alike. Claims clauses typically have four components; namely, (1) is the work really a change; (2) when must notice be given; (3) what are the consequences for failing to give notice; and (4) what notice is required.

Enforceability of No-Damages-For-Delay Clauses

By: Michael P. Sams and Joshua D. Klebanoff

Suffolk Construction’s 43 floor mixed use project in the Magic City was anything but after the United States District Court for the Southern District of Florida recently found Suffolk Construction’s inability to manage the “flow” of the project as general contractor so egregious that it constituted “active interference” with a subcontractor’s performance. The Court then held that as a result, Suffolk was unable to enforce a “No-Damages-For-Delay” Clause in its subcontract and ordered to pay $4.1 million in damages.

Texas Court Blocks FTC’s Proposed Non-Compete Ban Amid Authority Concerns

By: Laura M. Raisty

A federal court in Texas has blocked the Federal Trade Commission’s (“FTC”) noncompete ban nationwide, holding that the FTC does not have the authority to ban non-competition agreements.

Navigating Workforce Management Landmines in Rhode Island

By: Greg Vanden-Eykel

Many of our clients maintain offices, hire employees, and transact business in Rhode Island. Primarily, many focus on complying with Massachusetts law given their principal places of business. However, it is critical for employers to understand that transacting business in Rhode Island often triggers Rhode Island employment laws – even if employees work remotely from Rhode Island. This article addresses only a few of the employment-related landmines for employers operating in Rhode Island.  

Massachusetts Enacts Pay Transparency Law 

By: Laura M. Raisty and Michelle De Oliveira

On July 31, 2024, Governor Maura Healey signed into law An Act Relative To Salary Range Transparency, making Massachusetts the twelfth state to pass a pay transparency law. The law requires covered employers to provide pay ranges in job postings and pay information directly to employees and applicants upon request. Moreover, employers already subject to federal EEO disclosures will be required to submit demographic and pay data to the Secretary of the Commonwealth (“Secretary”), who will then provide the data to the Massachusetts Executive Office of Labor and Workforce Development for publication. Businesses that employ 25 or more employees should closely review the newly imposed requirements, discussed below, to ensure compliance. 

EEOC Updates: Newly Issued Harassment Guidance, Including One Specific For The Construction Industry 

By: Michelle De Oliveira and Brittany Darcy

On June 19, 2024, the EEOC issued harassment guidance, Promising Practices for Preventing Harassment in the Construction Industry (“Construction Guidance”), specifically addressed to the construction industry. The EEOC announced that its newly issued Construction Guidance supports its Strategic Enforcement Plan for Fiscal Years 2024-2028, “which, in part, focuses on combatting systemic harassment, and eliminating barriers in recruitment and hiring, including for groups that are underrepresented in industries like construction.”[1] The Construction Guidance followed closely on the heels of the EEOC’s April 29, 2024 newly issued Enforcement Guidance on Harassment in the Workplace. 

Chris Kenney has built a burgeoning practice as a mediator. In that role, he helps parties to resolve pending lawsuits before trial. The cases Chris has mediated range from business disputes, personal injury claims, and wrongful death claims to employment disputes, real estate matters, and construction claims.

Mediation is a constructive and worthwhile exercise in risk management and dispute resolution. It’s frequently a detour off a litigation path after the court sets a trial date.

The mediation hearing is a confidential, voluntary meeting with an objective, neutral party acting as mediator. The objective is to review whether the prospect for a reasonable, full, and final settlement is better than the expense, uncertainty, and downside risk of trial.

The mediator facilitates settlement negotiations and, if asked, provides an objective evaluation of each side’s claims and defenses. Inevitably, negotiations lead each party to consider whether the outcome would be better or worse if they go to trial. Mediators call this outcome assessment “BATNA,” an acronym for “best alternative to a negotiated agreement.” This evaluation should include consideration of additional monetary elements that will automatically be added to a trial verdict (e.g. prejudgment interest at the rate of 12%/year, and an award of “costs” to the prevailing party) and other monetary elements that could potentially be added to a trial verdict (e.g. an order to pay the opposing party’s legal expenses, the potential for multiple damages in some cases). These other monetary elements normally are not included in a negotiated settlement.

If the likely outcome at trial is worse than the settlement you can achieve with certainty at mediation, the trial alternative is not better, and you should settle the case. 

For more information, please visit our website.

On May 31, 2024, Nate Cole presented at the Massachusetts Defense Lawyers Annual meeting on “The Future of Jobsite Safety and Claims for Defective Work: How Technology Will Better Protect Workers and Reshape the Standard of Care.”

Nate discussed how technology available to contractors is rapidly changing and with it, the standard of care for litigation involving jobsite accidents, defective work, and productivity impact claims. 

On June 27, 2024, Michelle De Oliveira led a discussion for Associated Builders and Contractors on the topic of marijuana in the workplace. With the legalization of marijuana in many states, including Massachusetts, Michelle addressed issues such as the duty to accommodate medical marijuana, drug testing, the interplay between federal and state laws, safety considerations, effective and appropriate drug and alcohol policies, the implications of recent court cases involving marijuana on the job, and best practices that businesses should consider.

On July 18, 2024, Michelle De Oliveira presented at the Massachusetts Society of CPAs (MassCPAs) Nonprofit Accounting & Auditing Committee meeting, leading a discussion regarding the U.S. Department of Labor’s revised regulations issued under the Fair Labor Standards Act, exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees, and best practices that employees should embrace given the newly issued DOL rule.

On September 10, 2024, Michelle De Oliveira will once again lead a virtual panel for Associated Builders and Contractors on the topic of marijuana in the workplace.

On September 18, 2024, Michelle De Oliveira will present on the Massachusetts Continuing Legal Education’s Types of Employment Discrimination Cases panel. On this panel, Michelle will discuss the ins and outs of discrimination and harassment, explore how to devise defense strategies, and attack the prima facie case for purposes of summary judgment. Michelle will further discuss the employer’s burden to articulate a legitimate business reason for their actions and analyze pretext as well as retaliation claims.

On October 10, 2024, Joshua Klebanoff and Brittany Darcy will present an MCLE on obtaining out-of-state discovery for Massachusetts state court cases. The presentation will help attorneys understand how to navigate the cumbersome, and at times, expensive process to help secure important deposition testimony or documents. Attorneys Klebanoff and Darcy will share their experience for pursuing discovery from third-party witnesses in other states and foreign countries, and also about securing a Massachusetts’ resident’s testimony for an out-of-state case.

NECA Golf Outing

K&S is happy to support the National Electrical Contractors Association’s Greater Boston Chapter. Nate Cole regularly presents to NECA members on topics ranging from preparing lost productivity change orders to navigating key subcontractor provisions. Several of the firms attorneys had a wonderful day on the links at NECA’s annual fundraiser event, held at the Tedesco Country Club golf course on August 12, 2024. 

Annual Summer Outing 2024

Kenney & Sams spent another year at the beach for the Annual Summer Outing at the Seacrest Hotel in Falmouth, MA. We had a great time with our families!

“I want to thank Laura and Herling from the bottom of my heart for standing up for me. It means everything to me right now!”

"Michelle, thanks for your willingness to help! You've been so helpful in the past, I wouldn't go to anyone else!"

“Nate, Alex and Herling worked relentlessly on my construction litigation to get a great result for me on the eve of trial. They communicated with me clearly and frequently; executed on their creative strategy; and worked as a true team. It’s obvious how much they enjoy working with one another and fighting hard for their clients. I heard great things about Nate and K&S when I was referred to the firm, but what I saw over the last 6 months was exceptional lawyering from true pros.”