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Experienced Advocates

Know When and Where to Apply the Right Amount of Pressure

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Asking the Right Questions To Arrive At the Best Answers

Ken DeMoura speaks on Lost Profit Damages in Business Litigation

In October 2022, Ken DeMoura spoke in San Diego at the Litigation Counsel of America Fall Conference about proving and challenging lost profit claims in business cases. To learn more and download his PowerPoint slides from the presentation continue reading.

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FOR TENTH CONSECUTIVE YEAR DEMOURA|SMITH RANKED AMONG BEST LAW FIRMS IN AMERICA BY US NEWS AND BEST LAWYERS®

FOR TENTH CONSECUTIVE YEAR DEMOURA|SMITH RANKED AMONG BEST LAW FIRMS IN AMERICA BY US NEWS AND BEST LAWYERS®

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Celebrating Nine Years of Service and Excellence

We opened our doors on June 1, 2012. For the past nine years, we have approached our clients' matters the same way that Ted Williams approached hitting a baseball. Williams was methodical and thoughtful at the plate. Each time he stepped into the batter's box, "Teddy Ballgame" understood that his objective depended on the inning, the count, the field of play, and the number of outs. He picked his pitches, maintaining

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Massachusetts Court Excuses Tenant's Rent Due to COVID-19 Shutdown

In a case likely to send shock-waves through the Massachusetts commercial real estate market, a Massachusetts Superior Court Judge has ruled that a commercial tenant was not required to pay rent under its lease during the state's COVID-19 government-ordered shutdown.

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US Supreme Court Holds Discrimination of LGBTQ Employees Violates Federal Law

The Supreme Court holds that federal law prohibits employment discrimination against LGBTQ workers.

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CONTRACTS AND COVID-19

PAUL ROBERTSON AND KEN DEMOURA OF DEMOURA|SMITH OFFER PRAGMATIC INSIGHT ON CONTRACTUAL OBLIGATIONS DURING COVID-19 PANDEMIC TO CLIENTS AND TO BOSTON BAR ASSOCIATION AND BOSTON GLOBE SMALL BUSINESS INITIATIVE

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Mass Courts To Remain Closed Through June 1 Except for Emergency Matters

On April 27, 2020, the Massachusetts Supreme Judicial Court issued a new order limiting access to all state courts until June 1, 2020 to address continued concerns arising from the COVID-19 pandemic. The Court had previously limited access to the courts through May 4.

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Mass Courts To Remain Closed Through June 1 Except for Emergency Matters

On April 27, 2020, the Massachusetts Supreme Judicial Court issued a new order limiting access to all state courts until June 1, 2020 to address continued concerns arising from the COVID-19 pandemic. The Court had previously limited access to the courts through May 4.

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DS Offering Healthcare Workers, First Responders and Essential Service Employees Complimentary HealthCare Proxy and Power of Attorney Documents During Covid-19 Crisis

DeMoura|Smith law firm offers healthcare workers, first responders and essential service employees complimentary power of attorney and healthcare proxy documents during COVID-19 crisis.

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MASSACHUSETTS LEGISLATURE PASSES BILL ALLOWING REMOTE NOTARY DURING COVID-19 EMERGENCY

To address the challenges posed by the COVID-19 public health emergency, on April 23, 2020, the Massachusetts Legislature passed a Virtual Notarization Act that goes into effect immediately and will remain in effect until three business days after the termination of Governor Baker's March 10, 2020 state of emergency declaration. It is expected that the Governor will sign the bill and it will become law immediately.

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ALL TRIALS IN MASSACHUSETTS STATE COURTS POSTPONED UNTIL AFTER MAY 4 DUE TO COVID-19/CORONAVIRUS.

All jury and non-jury trials scheduled to begin in Massachusetts courts prior to May 1 are now postponed until after May 4 based on an April 1 Order issued by the Massachusetts Supreme Judicial Court. In-person access to state courthouses is also restricted, by the Order, to emergency matters only. During this emergency period, non-jury trials may be conducted without in-person appearances (by video or telephone conf

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US District Court for Mass Delays Jury Trials Until May 29 and Issues New Covid19/Coronavirus Orders

US District Court for Mass Delays Jury Trials Until May 29 and Issues New Covid19/Coronavirus Orders

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Massachusetts Supreme Judicial Court Authorizes Email Service Under Rule 5 During Covid-19 Pandemic

Citing the public health emergency created by Covid-19/Coronavirus pandemic, the Massachusetts Supreme Judicial Court authorizes service of most pleadings, discovery and motions by email. The Order does not affect other rules addressing service including, but are not limited to, Mass. R. Civ. P. 4 (summons and complaint), 4.1 (attachment), 4.2 (trustee process), 14 (third-party complaint), 45 (subpoenas), and 65.3 (

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DEMOURA|SMITH OBTAINS $5.36 MILLION VERDICT FOR FORMER PLANET FITNESS CFO

Massachusetts Superior Court jury awards former CFO of Planet Fitness, a $5.3 million verdict in fraud case against the company, its CEO, its founders and its former general counsel. The jury found the defendants deliberately misled Conway and concealed information about a private equity transaction affecting her interest in the company. Plaintiff was represented by Ken DeMoura and Francisca Morant of DeMoura|Smith L

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Admissions Scandal Involving Fake Scholar-Athletes Rocks Higher Education

Indictments Issued against parents coaches and promotor for bribery in college admissions scandal

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WHAT SHOULD YOU DO AFTER SOMEONE DIES?

Losing a loved one can be overwhelming, further complicated by a seemingly endless list of tasks. Often, those grieving do not even know where to begin. From closing bank accounts to canceling a gym membership, here is a simple checklist of steps to take to ease the process:

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Ken DeMoura Selected to Lead National Trial Lawyers Organization

DeMoura|Smith partner Ken DeMoura is the 2019 President of the Litigation Counsel of America.

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3 Essential Steps of Starting a New Business

If you have that entrepreneurial spirit and you decide to start a business, congratulations! Starting something new is exciting, but it is important to look ahead to ensure that your hard work is protected. Here are "3 Essential Steps of Starting a New Business".

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Estate Planning in the New Year

Whatever your motivation, everyone needs an estate plan. The best approach to estate planning is to take a holistic look at your life, to take into account your family, your values, your goals and concerns, and to work with an experienced attorney to customize a plan that supports your vision.

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Condominium Development and Conversion in Massachusetts

From creating the condominium documents to negotiating the Purchase and Sale Agreement to closing, the processes of developing and selling a condominium are highly nuanced.

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D|S Partner Ken DeMoura Speaks On Challenging Eyewitness Testimony at NYC Symposium

Ken DeMoura spoke about challenging eyewitness testimony and its reliability using science during Renaissance Symposium XIV at the Harvard Club of New York City on November 30.

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RECENT MASS APPEALS COURT CASE REMINDS EMPLOYERS NOT TO RETALIATE AGAINST EMPLOYEES FOR EXERCISING WORKERS COMP RIGHTS

A recent Massachusetts decision serves as a good reminder that Massachusetts employers cannot retaliate against their employees for exercising their workers compensation rights.

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The Cost of Creating a Will

Many people ask about the cost of creating a Will. Prospective clients often expect costs to be minimal and ask why they cannot just purchase a Will from the internet. But, the real question is "what is the cost of NOT creating a properly drafted Will?"

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MASS EMPLOYER ALERT - Health Insurance Responsibility Disclosure Form Due on 11/30

Massachusetts businesses with six (6) or more employees are required to file a Health Insurance Responsibility Disclosure (HIRD) by November 30 through the Mass DOR TaxConnect web site.

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US Dept of Education Proposes New Title IX Sexual Harassment Regs

Article discusses highlights of proposed Department of Education Regulations Pertaining to Title IX Sexual Harassment Complaints

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Why Burt Reynolds had a Trust and why you should too.

Burt Reynolds may have played some silly characters on the silver screen, but appreciated the value of creating an estate plan designed to maximize the legacy he left his family and avoid the bright glare of further publicity.

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Why Burt Reynolds had a Trust and why you should too.

Burt Reynolds may have played some silly characters on the silver screen, but appreciated the value of creating an estate plan designed to maximize the legacy he left his family and avoid the bright glare of further publicity.

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MASSACHUSETTS HAS A NEW NON-COMPETE LAW. IS YOUR COMPANY READY TO COMPLY?

Massachusetts companies cannot rely on "business as usual" as their approach to non-compete agreements.

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D|S ELECTS NEW PARTNER-SHARNA FAVUZZA

Attorney Sharna Favuzza elected as new partner at Boston law firm of DeMoura|Smith LLP

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Ken DeMoura Selected to Lead National Commercial Trial Attorneys Institute

DeMoura|Smith partner Ken DeMoura started his two-year term as Chair of the Complex Commercial Litigation Institute.

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DeMoura|Smith Featured as Leaders in the Law in Forbes Magazine

DeMoura|Smith appears in September issue of Forbes Magazine (New England issues) as Leaders in the Law.

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DeMoura|Smith's Successful Dismissal of Facebook Defamation Case Recognized As One of 2015's Most Important Decisions

For the second time in six-months, a successful result obtained by DeMoura|Smith has been recognized by Massachusetts Lawyers Weekly. as one of the year's most important decisions.

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DeMoura|Smith Files Federal Class Action Against DraftKings

Federal class action lawsuit filed against sports fantasy website DraftKings alleging fraud and false advertising claims in company's "double your cash" promotion.

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KEN DEMOURA MODERATING PANEL AT NATIONAL TRIAL LAWYER CONFERENCE

Ken DeMoura, is moderating a panel discussion titled "Trial Techniques: How to Bring a Boring Breach of Contract Case to Life"

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DEMOURA|SMITH OBTAINS DISMISSAL OF FACEBOOK DEFAMATION CLAIMS

A Worcester Massachusetts Superior Court judge has dismissed eight defendants from a defamation suit filed by an international animal rescue organization

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EMPLOYEE OR INDEPENDENT CONTRACTOR? The Wrong Classification Could Cost Your Massachusetts Company Plenty.

Massachusetts businesses are subject to the strictest rules concerning the classification of employees and independent contractors. Misclassification could be a very costly mistake.

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DeMoura|Smith Victory Among Most Important Mass Lawyers Weekly Decisions of 2014

Massachusetts Lawyers Weekly Selects Keane v Waggoner as one of Top Four Corporate Law Decisions of 2014.

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Illegal Pyramid Schemes

"Do you want to work from home, be your own boss and earn lots of cash?" On the Lookout for Illegal Pyramid Schemes.

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Paid Sick Leave M.G.L. c. 149 §§ 148C & 148D

On November 4, 2014, Massachusetts voters overwhelmingly approved paid sick leave for employees through a ballot initiative.

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Ken DeMoura Named to Best Lawyers In America For Second Time

The publishers of Best Lawyers In America have announced that Ken DeMoura has been selected for inclusion in the 2013 edition.

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Ken DeMoura speaks on Internet Evidence at National Trial Lawyers Conference

On May 9, Ken DeMoura of DeMoura|Smith LLP spoke at the Litigation Counsel of America's Spring Meeting in Santa Barbara, California.

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Two DeMoura | Smith Attorneys Among Boston's Top-Rated

We are pleased to announce that two of our attorneys have been listed in the 2012 edition of Boston's Top Rated Lawyers a supplement to the May 5, 2012 Boston Globe.

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Experienced Advocates | Effective Solutions