news

Beth Tully Elected to Downtown Pittsfield, Inc.’s Board of Directors

Cohen Kinne Attorney Beth Tully was elected to serve on the Board of Directors of Downtown Pittsfield, Inc. at its 2020 annual meeting.  Beth joined the firm and moved to the Berkshires in 2019 after beginning her career in Boston.  Her focus is litigation and employment law.  At the meeting, Cohen Kinne partner Jesse Cook-Dubin stepped down as President of the organization after four years of service.  For many decades, the firm has been deeply involved in the economic development mission of the Berkshires.  DPI has been fostering the ongoing growth and vitality of downtown Pittsfield, Massachusetts since 1983 by developing strategies and programs, mobilizing resources and supporting the enhancement of a creative, lively, sustainable environment.

Kevin Kinne Appears on WBZ (CBS Boston) to discuss COVID-19 employment law issues.

Boston CBS affiliate WBZ turned to Kevin Kinne to answer important and interesting workplace questions concerning employees who have been diagnosed with COVID-19.  Kevin is actively advising a variety of clients about COVID-19 related employment issues.  He has been practicing employment law for over 25 years and is a partner of the firm. 

The WBZ report can be seen here:

American with Disabilities Act: Tardiness, Reasonable Accommodation and the Interactive Process

A Massachusetts federal court judge recently dismissed a claim by an individual against his former employer alleging a violation the Americans with Disabilities Act (ADA). The basis for the employee’s lawsuit was that the employer denied him a “reasonable accommodation” when the employer denied the former employee’s request to start work a half-hour to one-hour later than his scheduled shift. The case is Zavaglia v. Boston University School of Medicine.

The purpose of the ADA is to eliminate discrimination against qualified disabled persons. The ADA defines a disabled individual as (a) having a physical or mental impairment that substantially limits one or more of the major life activities of such individuals, (b) having a record of such an impairment, and (c) being regarded as having such an impairment. Under Title 1 of the ADA, all employers are required to evaluate accommodations requested by employees who claim to be disabled and engage in an interactive process with the employee to determine what accommodations the employee is requesting. Each employer must then determine whether the requested accommodation is reasonable without placing an undue hardship on the employer.

In this recent Massachusetts federal court case, the accommodation that the employee requested was to adjust his daily start time by 30 to 60 minutes. The employer determined that the request was not linked to the employee’s disability and was therefore not reasonable. Even though the employee presented a doctor’s note in connection with the requested accommodation, the doctor’s note stated that it was the employee’s opinion, not the doctor’s, that the employee required the accommodation. The accommodation request and the physician’s note also do not explain why (a) the disability required a later start time, and (b) the former employee was unable to address his medical needs prior to the start of his scheduled shift. On those bases, the employer denied the request.

The employee was frequently late to work following the employer’s denial of his request for a later starting time. The employer warned the employee that his frequent lateness was not acceptable, and ultimately terminated the employee’s employment due to tardiness.

The court ruled that the employer’s reasons for not granting the requested accommodation were valid. The former employee did not establish that his request was based on his medical condition and he failed to show that his request was reasonable for the employer. In determining that the request was not reasonable, the court also refused to consider disabilities that the employee claimed to have but did not disclose to the employer prior to termination of his employment. The court declined to find that the termination of the employee’s employment was wrongful, and instead found that the termination was rightfully based on the employee’s frequent tardiness.

Employer takeaways:

An employee who presents a doctor’s note stating the need for a later starting time based on a medical condition is not automatically entitled to start work later under the ADA. The employee still must show that his/her medical condition is a disability and that the demand to create a new shift is reasonable. An employer must engage in an interactive process with any employee requesting an accommodation for a disability. In the course of the interactive process, the employer and employee can evaluate both the basis for the request and the effect of the request on the employer. The ADA does not require that the employer approve all accommodation requests, but that the employer evaluate and make reasonable accommodations to assist disabled individuals in performing the same job functions as non-disabled employees. If the accommodation would impose an “undue hardship” on the employer, the employer is not required to approve it. The term “undue hardship” is defined by the ADA but interpretation varies based on the functions and structure of the employer.

Do you have questions about reasonable accommodations, the interactive process, or what “undue hardship” may mean for your company? Please feel free to contact us info@cohenkinne.com.

Pittsfield & Berkshires No. 1 for arts

The National Center for Arts Research has names Pittsfield and Berkshire County the No. 1 medium sized community in the nation for the arts.  This decision means that Berkshire County is recognized in the top 1% of all communities in the Nation for the arts.  It is wonderful to see our community’s efforts for cultural creativity and our value of the arts, rewarded.

Please see the below article for more information.

http://www.berkshireeagle.com/stories/pittsfield-berkshires-1-for-arts,506448

Cohen Kinne Valicenti & Cook is looking for a Corporate/Business Lawyer

Cohen Kinne Valicenti & Cook LLP is seeking an associate attorney with 3-5 years of experience in organization of business entities and business transactions.  For this partnership track position, a candidate must possess excellent communication skills, a good sense of humor and the ability to manage a variety of projects.  Experience in general corporate and partnership law, mergers and acquisitions, and high-level transactional work is strongly preferred. Interested candidates should submit their resumes and writing samples to:

C. Jeffrey Cook
Cohen Kinne Valicenti & Cook LLP
28 North St, 3rd Floor
Pittsfield, MA 01201

Email: jcook@cohenkinne.com

Cohen Kinne Valicenti & Cook Names Two New Partners

Cohen Kinne Valicenti & Cook, one of Berkshire County’s largest law firms, has announced that Dennis G. Egan and Jesse Cook-Dubin have been named as partners.

Both Egan and Cook-Dubin are corporate attorneys who focus their practices in business, banking and financing law.

Egan joined Cohen Kinne in 2012 after practicing at the largest law firm in the Pioneer Valley. In addition to being a very skilled transactions lawyer, who is very active in health law, Egan leads the firm’s Real Estate Division and has been involved in many of the most complex real estate transactions and bank financings in and around the Berkshires. Egan is the Immediate Past Chair of the Berkshire Leadership Program and one of the leaders of the organization of 1Berkshire Strategic Alliance Inc. He volunteers with a number of other organizations in the area.

Cook-Dubin worked for several years as an insolvency specialist at a large Midwestern law firm before moving back to the Berkshires in 2011. He has distinguished himself in complex business transactions, including those involving physician practices. He is also the volunteer President of Downtown Pittsfield, Inc.

“It did not take our clients long to realize the value that Dennis and Jesse bring to the table,” said Cohen Kinne partner C. Jeffrey Cook. “Not only are they terrific attorneys and recognized community leaders, but they have quickly become trusted counselors to our clients who operate businesses, financial and cultural institutions, and medical practices throughout western New England and eastern New York. In all my years of practice in the Berkshires, Dennis and Jesse are the two best associates I have ever had and they have come together as a very effective team. I am sure they will continue to be practice leaders who will assure that our firm will continue to enjoy the rapid growth we have experienced because of the talent of our younger lawyers.”

Cohen Kinne Valicenti & Cook is a firm of 10 lawyers with offices in Pittsfield, Great Barrington and Lenox, Massachusetts. The firm’s primary practice areas include civil litigation, criminal defense, business and banking law, intellectual property, employment law, commercial real estate, education law, and health law.

Christopher Hennessey recent won a Panel decision

Chris Hennessey recently won a panel decision with the World Intellectual Property Organization on behalf of a local organization in a trademark infringement dispute. A foreign company was operating a website under an infringing domain name. Based on the evidence we presented, the panel ruled in favor of our client and ordered the transfer of the infringing site.