Boston Lawyer Blog

Commonwealth Adopts Position Advocated by Attorney Herrmann in Criminal Case Before SJC

Published on: December 6, 2024 | by Zalkind Duncan & Bernstein LLP

This week at the SJC, the Commonwealth adopted the position of an amicus brief for the Massachusetts Association of Criminal Defense Lawyers (MACDL), authored by Jennifer Herrmann. The case, Commonwealth v. Andrade, addressed the question of whether evidence of a victim’s violent acts used to prove who was the first aggressor—known in Massachusetts as Adjutant evidence—should include evidence of a victim’s violence after the charged crime.

“I will concede that the amicus brief filed in this case lays out a lot of really great policy arguments for extending the Adjutant principle to post-crime conduct,” ADA Kristen Jiang stated at argument. “The Commonwealth does not contest that.”

Both parties and the justices repeatedly referenced Attorney Herrmann’s amicus brief, which argued that extending Adjutant evidence to subsequent conduct is consistent with Massachusetts law and general principles of evidence. ADA Jiang also said, “The amicus brief was very helpful to me in thinking through the reasoning that other jurisdictions have gone through in deciding this issue . . . . I was able to think of lots of scenarios in my head where a post-crime violent act would be extremely probative of whether the victim was the first aggressor. The cases that are cited by the amicus brief are rife with examples of that, so to say that it’s an absolute bar for that reason I’m not sure is correct.”

Zalkind Law attorneys selected for Boston magazine’s Top Lawyers 2024

Published on: November 25, 2024 | by Zalkind Duncan & Bernstein LLP

Congratulations to Inga Bernstein, selected for Boston magazine’s Top Lawyers™ 2024 – Criminal Defense/White Collar, and Monica Shah, selected for Boston magazine’s Top Lawyers™ 2024 – Labor and Employment. The full list of 2024 Top Lawyers can be viewed here.

ZDB is Hiring!

Published on: November 7, 2024 | by Zalkind Duncan & Bernstein LLP

Are you looking to work as a litigator representing individuals in cutting-edge civil rights matters, including employment discrimination, students’ rights, free speech, and criminal defense cases? ZALKIND DUNCAN & BERNSTEIN LLP is hiring an associate to join our premier litigation boutique in Boston. Our 13-lawyer firm has a dynamic federal and state court practice at both the trial and appellate levels.

Our civil practice focuses on plaintiff-side employment matters (primarily discrimination cases), and representing students, faculty, and other employees of educational institutions in discrimination, free speech, due process and misconduct proceedings, including sexual misconduct matters.

Our criminal defense practice includes zealously representing individuals facing a wide variety of charges in both state and federal court, including crimes of violence, fraud and drug offenses, white collar crimes, and other felonies and misdemeanors. We are committed as a firm to serving indigent defendants and devote a substantial portion of our criminal practice to appointed federal trial work (through the CJA panel), as well as appointed state and federal appellate work (through both CPCS and CJA panels).

Naomi Shatz named a “Go To” Higher Education Lawyer by Massachusetts Lawyers Weekly

Published on: October 29, 2024 | by Zalkind Duncan & Bernstein LLP

Massachusetts Lawyers Weekly included partner Naomi Shatz in its 2024 list of “Go To” Lawyers for Higher Education. Naomi represents undergraduates, graduate students, faculty, and employees in cases involving discrimination, employment matters, and Title IX.

Emma Quinn-Judge and Jennifer Herrmann Defeat Defendant’s Motion for Partial Summary Judgment in an Age and Disability Discrimination Case

Published on: October 11, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law’s Emma Quinn-Judge and Jennifer Herrmann recently defeated a partial motion for summary judgment filed by a fishing corporation that sought to throw out age and disability discrimination claims brought against them by our client. The Superior Court rejected the defendant’s argument that our client should be denied the opportunity to recover damages for lost wages when, after he was fired from his long-time employer in a close-knit industry, he took Social Security to mitigate his damages. The Superior Court also accepted our argument that our client should not, at this stage, be kept from arguing to a jury that the debilitating emotional distress his termination caused should be considered in determining whether his actions to replace his income were reasonable. Our client looks forward to proving his claims at trial.

Emma Quinn-Judge Defeats Defendants’ Motion for Summary Judgment in Race Discrimination Case

Published on: October 10, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law’s Emma Quinn-Judge recently defeated a motion for summary judgment by a car dealership and its owners that sought to throw out race discrimination and retaliation claims brought against them by our client. The Superior Court soundly rejected the defendants’ argument that there was not enough evidence to support a race discrimination claim: the Court found that “the frequent, objected-to use of the plaintiff’s race as an identifier in an unwanted ‘nickname,’” as well as “references to stereotypes of Black culture, allusions to violence against Black individuals, and an arguably disingenuous question regarding why white people could not use the n-slur” were certainly sufficient to support a claim that our client was subjected to a racially hostile work environment. The Court also rejected the defendants’ arguments that our client’s claim was untimely and that there was not enough evidence to support a retaliation claim. Our client looks forward to proving his claims at trial.

Zalkind Law and the ACLU of Massachusetts Defeat Motion to Dismiss in Lawsuit against Commonwealth for First Amendment Violations

Published on: October 10, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law’s Naomi R. Shatz and attorneys from the ACLU of Massachusetts recently defeated a motion to dismiss in a case challenging Department of Recreation and Conservation regulations that unconstitutionally limit protected speech on public lands. The court found that one of the challenged regulations “impermissibly restrictions ‘profanity, vulgar or obscene language'”; language that is protected by the First Amendment. The court also agreed with Zalkind Law and the ACLU that a regulation that prohibits “unnecessary noise” is too vague to withstand constitutional scrutiny. With respect to DCR regulations that require permits for use of audio devices or public address systems, including radios, musical instruments, or potentially cell phone speakers on all DCR property, no matter what purpose the property is used for, are overbroad.

To read more about the case and view the decision click here.

Zalkind Law Attorneys Named to Massachusetts Top 50 Women Attorneys and Top 100 Attorneys Lists

Published on: September 30, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law partners Inga Bernstein, Emma Quinn-Judge, and Monica Shah were selected for the Super Lawyers 2024 Top 50 Women Attorneys in Massachusetts list.

Inga Bernstein and Emma Quinn-Judge were also named two of the publication’s Top 100 Lawyers.

Inga Bernstein, Emma Quinn-Judge, and Monica Shah

12 Zalkind Law Attorneys Selected as Super Lawyers and Rising Stars

Published on: September 27, 2024 | by Zalkind Duncan & Bernstein LLP

We are pleased to announce that ten of our attorneys have been selected to the 2024 Massachusetts Super Lawyers list. We would also like to congratulate two of our attorneys for being selected to the 2024 Massachusetts Rising Stars list.

Super Lawyers rates outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Only up to 5 percent of the lawyers in a state are named to the Super Lawyers list, and no more than 2.5 percent are named to the Rising Stars list.

Please join us in congratulating the following attorneys who have been selected as “Super Lawyers” and “Rising Stars” this year!

Emma Quinn-Judge and Thomas Miller Win Acquittal in Firearms Case

Published on: June 3, 2024 | by Zalkind Duncan & Bernstein LLP

Zalkind Law attorneys Emma Quinn-Judge and Thomas Miller obtained a complete acquittal after trial for a client charged with multiple firearms-related offenses, including one that would have carried an eighteen-month mandatory minimum jail sentence. After first convincing the prosecution not to indict their client on Superior Court charges–which would have resulted in an even longer, 2.5-year mandatory minimum–they successfully suppressed evidence obtained unlawfully and raised complex issues relating to the impact of the Supreme Court’s Bruen decision on Massachusetts firearms regulations. Over the course of a two-day trial in Malden District Court, Attorneys Quinn-Judge and Miller then convinced the jury to return a verdict of not-guilty on all charges, allowing the client to continue with his life. Zalkind Law is proud to fight for the rights of all criminal defendants.