Notable & Quotable: MBA members in the news and more

Thursday, March 8, 2018


  • “Attorneys warn that trooper scandal could lead to convictions being tossed,” Boston Herald (March 6). MBA Executive Management Board member Peter Elikann, a former chair of the MBA’s Criminal Justice Section, and MBA member Randy Gioia, deputy chief counsel of the Committee for Public Counsel Services, were quoted about the possible consequences related to a state trooper’s alleged past ties to a drug dealer. 

  • “‘Stale’ CWOF not grounds to bypass police candidate,” Massachusetts Lawyers Weekly (March 5). MBA members Timothy M. Burke, Christopher J. Petrini and Michael J. Maccaro were quoted as experts in a story about a man bypassed for police employment based on a 2001 felony charge that was continued without a finding and later dropped. The Civil Service Commission found, and a Superior Court judge affirmed, that the CWOF verdict did not constitute a “conviction,” and that Keon Finklea should have received equal consideration for the position. 

  • “Fiduciary Litigation Session a relief to probate bar,” Massachusetts Lawyers Weekly (March 5). MBA member and retired Judge Elaine M. Moriarty was quoted in a story on the early success and recent expansion of the Fiduciary Litigation Session, a one-year pilot program begun in November that seeks to swiftly resolve complex probate litigation. Additionally, the story quoted MBA member and FLS proponent Kevin G. Diamond, as well as MBA member Maureen E. Curran, whose initial vision spurred the creation of the program.

  • “Employment lawyers leery of bill banning NDAs, arbitration,” Massachusetts Lawyers Weekly (March 5). Quoted in this week’s Hearsay column, MBA member Jeffrey S. Morneau questioned whether proposed legislation to ban non-disclosure agreements, which he characterized as overly broad, would ultimately be superseded by federal law.

  • “Employment law update: a ‘to do’ list for 2018,” Massachusetts Lawyers Weekly (March 5). MBA member Stéphanie Smith wrote a special feature encouraging Massachusetts employers to adapt to and prepare for two key measures that take effect in 2018 — the Pregnant Workers Fairness Act and the Equal Pay Law — and to take stock of anti-discrimination and anti-harassment policies.

  • “When the criminal justice system can’t admit a mistake,” Massachusetts Lawyers Weekly (March 5). Responding to a recent Boston Globe article, MBA member Harvey A. Silverglate wrote an opinion piece in which he said the legal system’s desire for “finality” has hindered one man’s quest for justice in the appellate courts. The controversial case involves James Rodwell, convicted of a 1978 Somerville murder and now in his 36th year of a life sentence, with Silverglate highlighting issues of witness credibility along with a clerical error by the District Attorney’s Office.

  • “Taxing discovery: Understanding when returns are privileged,” Massachusetts Lawyers Weekly (March 5). MBA member Joseph M. Cacace wrote an informational piece in this week’s opinion section on the rules governing when tax returns are discoverable in litigation, and when they are privileged. 

In Other News

Articles, blogs and other news recently shared on the Massachusetts Bar Association's social media sites.

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“State's Highest Court Hears Arguments on Voter Registration, Juvenile Sentencing,” WGBH (March 6).

“The Problem with Lawyers and Self-Care,” Lawyers Concerned for Lawyers, via @heidialexander (March 6). 

“Uncertainty Ahead: A Shift in How Federal Scientific Experts Can Testify,” National Institute of Justice, via Leonardo Angiulo, @LA62CR (Jan. 18).