Higgins, Cavanagh & Cooney managing partner Stephen B. Lang has been selected for Lifetime Achievement Membership in America’s Top 100 Attorneys®.

Membership among America’s Top 100 Attorneys® is meant to identify and highlights the accomplishments of the nation’s most esteemed and skilled attorneys in all areas of practice.  Only 100 attorneys in each state receive this honor and are included for membership among America’s Top 100 Attorneys®.

In an effort to help ensure that only the most skilled and exceptional attorneys are chosen for membership In creating its selection process, America’s Top 100 Attorneys® has developed a comprehensive multi-phase selection process involving peer recommendations, propriety algorithms and qualitative comparative analysis.

Steve has long attained an AV Preeminent peer review rating by Martindale Hubble, which recognizes lawyers across the country who have exhibited the highest level of professional excellence. In addition, he has been recognized in a special section of the Boston Globe as among the region’s “Legal Leaders” and has been designated as a “Top Rated Lawyer in Insurance Law” by two leading national publications  -Corporate Counsel and American Lawyer.

A past president of the Defense Council of Rhode Island, Steve is also a member of the American Board of Trial Advocates, which recognizes a lawyer’s experience in civil jury trials, litigation expertise, and high ranking within the legal profession.

In addition, Steve is a member of the firm’s Litigation Department, which is recommended by the 2016 edition of “Benchmark Litigation,” the widely regarded resource to law firms and attorneys in the United States and Canada.

Stephen P. Cooney has received an AV-preeminent peer review rating from Martindale-Hubbell®, which is its highest ranking.

The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States. Many of these evaluations are conducted anonymously.

Stephen was recently named a partner with Higgins, Cavanagh & Cooney, LLP. His practice focuses on litigation, including the defense of product liability, premises liability, transportation and insurance claims for corporate clients. He also has significant experience representing manufacturers, distributors and premises owners in asbestos and other toxic tort actions. Admitted to practice in Rhode Island and Massachusetts, Stephen is a graduate of the University of New Hampshire and the Roger Williams University School of Law, where he served as an editor of the law review.

One reviewer’s comments were reflective of many others received by Martindale-Hubbell® on Stephen’s behalf. “Stephen is an excellent and experienced civil litigator. He vigorously protects his clients’ interests, and he is a skillful lawyer.”

Higgins, Cavanagh & Cooney, LLP, was inducted into the Charles E. Maynard Society in a ceremony on May 18 at the Hope Club in Providence.

Named for The Providence Center’s founder and former president, the Charles E. Maynard Society gives special recognition to individuals, corporations and foundations that have made a philanthropic commitment to The Providence Center.

Members have made substantial, cumulative gifts to The Providence Center or have named The Providence Center in a planned gift, such as a bequest, trust or retirement plan.

Higgins, Cavanagh & Cooney partner Paul S. Callaghan represented the firm at the event, which included a presentation by Providence Center President Dale K. Klatzker, Ph.D., who updated members on The Center’s programs.

The Providence Center is at the forefront of innovative approaches to behavioral health care designed to meet the changing needs of the more than 13,000 Rhode Islanders it serves each year.

Since The Providence Center opened its doors in 1969, it has been a community resource, providing people from all walks of life with mental health and substance abuse services in their homes, schools and neighborhoods.

On May 18, 2016, the U.S. Department of Labor issued a final rule updating overtime pay requirements that are expected to impact more than four million workers nationally within the first year of implementation. The regulations will take effect on December 1, 2016.

In anticipation of these sweeping changes in federal law, the R.I. Hospitality Association sponsored a recent seminar explaining the new regulations and their impact on employers. The program featured Higgins, Cavanagh & Cooney partner James A. Ruggieri and U.S. Department of Labor investigator Sarah Sullivan (pictured at right). The moderator was Sarah Bratko, the R.I. Hospitality Association’s general counsel.

The U.S. Department of Labor’s rule raised the salary threshold by nearly 100 percent under which most white collar salaried employees are eligible to receive overtime pay under the Fair Labor Standards Act (FLSA). The threshold levels were raised from $455 per week ($23,660 annually) to $913 per week ($47,476 annually).

The final rule focused primarily on updating the salary and compensation levels needed for executive, administrative and professional employees to be exempt from overtime payments. The U.S. Department of Labor left intact the “duties test,” which must be also satisfied in order for an employee to qualify for any one of these classifications.

An additional provision was also added to the rule that permits up to ten percent of one’s salary to be satisfied by the payment of nondiscretionary bonuses, incentives and commissions – making it a little less burdensome for employers to meet the new threshold requirements.

Ms. Sullivan addressed these aspects of the new law and highlighted additional provisions affecting highly-compensated employees whose salary threshold was also raised – from $100,000 to $134,004.

Mr. Ruggieri offered detailed steps that businesses can take in planning for these changes in the law. He offered a series of recommendations for identifying employees impacted by the new rule and presented strategies for companies to employ once the requirements take effect. He also identified serious legal pitfalls that will easily face as a result of poor planning or non-compliance.

The seminar sponsor, the R.I. Hospitality Association, represents more than 600 foodservice, hotels, vendors and hospitality members in the state of Rhode Island. It was noted that the hospitality industry will be especially impacted by these changes in the law.

Again, the final rule does not take effect until December 1, 2016. If you or an official in your organization has any question on how these new requirements will impact your business, please do not hesitate to contact James Ruggieri at jruggieri@hcc-law.com

Melissa M. Horne recently was elected to the Board of Directors of the Rhode Island Chapter of the Federal Bar Association.  The FBA is dedicated to promoting the professional development of attorneys involved in federal practice through continuing education within more than 20 substantive law specialties.

In addition, the FBA serves as a catalyst for communication between the bar and the bench, monitors and advocates on issues that impact federal lawyers and the courts, and promotes high standards of professional competence and ethical conduct.  As a director, Melissa will help formulate professional development programs and assist in encouraging other federal practitioners to participate in the organization’s activities.

Melissa  is of counsel with Higgins, Cavanagh & Cooney LLP.  She concentrates her practice on business law, advising corporate and individual clients on a wide variety of business issues, including transactional, regulatory and insolvency matters.

Lawyers Weekly recently interviewed Higgins Cavanagh & Cooney partner Paul S. Callaghan about a decision by the Massachusetts Appeals Court that interpreted the term “automobile exclusion” under Rhode Island law.  Paul is a recognized authority on insurance coverage issues.

The incident concerned the owner of a 2009 Nissan Altima who was involved in an automobile accident in Fall River, Mass. while operating his employer’s Dodge tow truck on business.

The plaintiff, a passenger in another vehicle that was part of the same accident, brought suit in Bristol County Superior Court against the driver of the tow truck. That action arose once the insurance on the towing company’s truck failed to cover her medical bills.

The personal lines policy on the defendant’s Nissan Altima specifically excluded coverage for bodily injuries “arising out of an accident involving any vehicle while being maintained or used by a person employed or engaged in any auto business.” The policy also defined “auto business” as “delivering” vehicles.

Even so, the plaintiff sought a declaratory judgment and ruling that the personal insurance on the Nissan Altima covered the plaintiff’s injuries.

Paul Callaghan told Lawyers Weekly that the Massachusetts Appeals Court correctly applied Rhode Island law in denying coverage.

“It’s a fairly standard concept that you don’t get insurance for business activities from your personal lines, he said, adding “unless there is an ambiguity in the language, the state’s courts tend to apply business exclusions literally.”

Paul Callaghan did add that if the court were ever inclined to rule against the insurance company in this particular case, it would have done so by finding a difference in the terms “delivering” and “towing.”

HCC mourns the sudden passing of former partner.

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HCC partner Paul S. Callaghan successfully completed a jury trial in Providence County Superior Court recently – resulting in a verdict in favor of the defendant, a major national and international construction company with headquarters in New England.

The plaintiff in the case had requested that the jury award in excess of $3 million for personal injuries he allegedly sustained as the result of a slip-and-fall on ice at a construction site at a college in Worcester, Massachusetts.  The plaintiff alleged that the defendant, which was the general contractor on the construction project, had been negligent in its maintenance of the site.

At the time of the incident, plaintiff was a union carpenter employed by a subcontractor of the defendant.  The plaintiff claimed that he slipped and fell on a thin layer of ice covered by a dusting of snow on a concrete walkway at the ongoing construction project. In addition, the plaintiff maintained that the defendant should have removed or treated the ice and snow.

The defendant argued that the condition did not constitute a danger in the context of an ongoing wintertime construction project, that it had no actual or constructive notice of the existence of the condition, and that plaintiff’s own negligence was the cause of his fall.

At trial, the plaintiff claimed that he had sustained in excess of approximately $1,400,000 in damages resulting from about $1.3 million in lost earnings and $100,000 in medical expenses. He claimed to be totally and permanently disabled as a result of the incident and never returned to any form of employment.  He subsequently underwent three unsuccessful surgical procedures to his left shoulder, resulting in “frozen shoulder syndrome.” The plaintiff also sought compensation for pain and suffering and his wife sought damages for loss of consortium.

The jury deliberated for several hours over the course of two days before returning a verdict finding that the defendant was not negligent. The plaintiff moved for a new trial and the court denied the motion.

Although the case was tried in Rhode Island, Massachusetts law was applied throughout since the site of the incident was in Worcester.

Paul Callaghan maintains an extensive construction litigation practice in both Massachusetts and Rhode Island.

On Wednesday, December 17, HCC attorney Melissa M. Horne addressed a public forum in Warren on the topic: “Contracts and Leases for Small Businesses.”

Her particular presentation had garnered significant community support and interest as part of a broader lecture series titled, “Rhode Island Small Business Seminars and Trainings,” sponsored by the U.S. Small Business Administration, Town of Bristol, East Bay Chamber of Commerce, Center for Women & Enterprise, SCORE, BankNewport and People’s Credit Union.

In her talk, she focused on the ins and outs of contracts and leases and how they affect small businesses. “Small businesses deal with contracts on a daily basis, so they should know how to draft and evaluate contracts that will be enforceable and consistent with one’s business goals.  From terms and conditions of leases, to how one will be paid for services rendered, it is imperative that small businesses understand what the contract means before one signs on the dotted line,” said Ms. Horne.

Melissa M. Horne is of counsel with Higgins, Cavanagh & Cooney LLP.  She concentrates her business law practice on transactional, regulatory and insolvency matters.

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