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Attorney Ana Muñoz Speaks to Massachusetts Lawyers Weekly About New SJC Decision

Attorney Ana Muñoz spoke to Massachusetts Lawyers Weekly this week about the SJC’s decision in Patel et al. v. 7-11 Inc., et al. The Court answered a certified question from the First Circuit about how to address claims by franchisees that they have been misclassified as independent contractors. Muñoz, who…

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Supreme Judicial Court Holds That a Switchblade is Protected Under the Second Amendment

As we recently wrote, states’ firearms regulations have faced legal challenges across the country since the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which held that individuals have a Second Amendment right to carry a handgun in public for self-defense. But how…

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SJC Opinion Addresses Racially-Motivated Social Media Surveillance by Police

In 2018, Richard Dilworth was charged with a variety of firearms offenses after an officer from Boston Police Department’s gang unit sent him a friend request on Snapchat under a false identity and viewed Dilworth’s videos showing what appeared to be guns. In 2022, a judge dismissed the case after…

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Nine Zalkind Law Attorneys Named in 2025 Edition of Best Lawyers in America

Zalkind Duncan & Bernstein LLP is proud to announce that the following attorneys are listed in the 2025 edition of Best Lawyers in America. Best Lawyers is the oldest and most respected peer-review publication in the legal profession and rates attorneys by conducting exhaustive peer-review surveys in which tens of…

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Legal Challenges to New Title IX Regulations Continue—With One Snag

The Biden administration’s new Title IX regulations were scheduled to go into force on August 1 of this year, but have already come under legal attack. We’ve previously covered two successful legal challenges that enjoined the enforcement of the new regulations in certain states. This week, however, other opponents of…

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Distribution of “Revenge Porn” and Deepfakes is Now an Offense in Massachusetts

Last month distribution of “revenge porn” – nude or sexually explicit photos or videos shared online without the consent of the person pictured – became a criminal offense in Massachusetts, as part of a bill aimed at protecting victims of abuse The Commonwealth became the second-to-last state in the country…

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Department of Correction Begins Search for New Commissioner and Should Consider Input from Incarcerated Individuals

While the DOC has a rehabilitative mission on paper, it has a reputation for violating the civil rights of its incarcerated population and discriminating and retaliating against its employees. Ten years ago, Zalkind Law sued the DOC for discrimination because the DOC paid a female deputy superintendent significantly less than…

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Legal Challenges to New Title IX Regulations Begin, Blocking Legal Protections for Gender Identity in Education

Title IX, passed by Congress over fifty years ago as part of the Educational Amendments of 1972, begins with a deceptively simple sentence: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination…

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Legislature’s Expansion of Abuse Prevention Orders Raises Concerns of Vagueness and Confusion  

As part of a bill broadly aiming to protect victims of abuse, including revenge porn and deepfakes, the Massachusetts legislature recently enacted an amendment to the restraining order statute that may have substantial unintended consequences. Although the well-intentioned provision allows a person suffering from “coercive control” to seek an abuse…

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First Circuit Upholds Dress Code Prohibiting “There are Only Two Genders” Shirt

Yesterday, the First Circuit issued its decision in L.M. v. Middleborough et al., a case we discussed previously on this blog. The case concerned whether a public middle school could prohibit a student from wearing a t-shirt that said “There are only two genders.” The district court had held that…