Mirick, O'Connell, DeMallie & Louges, LLP Firm News Feed

Ted Bassett interviewed for Spectrum News story, "Autopsy confirms social media challenge a factor in 14-year-old Harris Wolobah's death"

16 May 2024 00:00:00 -0800

WORCESTER, Mass. — An autopsy report confirms the viral “One Chip Challenge” led to the death of a Central Massachusetts teenager this past September.

The state’s Executive Office of Public Safety and Security confirmed to Spectrum News 1 that 14-year-old Harris Wolobah died as a result of a cardiopulmonary arrest in the setting of recent ingestion of food substance with high capsaicin concentration.

According to the office, Wolobah was living with an enlarged heart and a congenital heart defect, and the high amount of chili pepper extract only made things worse.

His parents at the time confirmed he participated in the challenge.

It’s composed of eating an extremely spicy tortilla chip, which registers more than one million Scoville heat units. For comparison, a jalapeño can be anywhere between 2,500 and 8,000.

Wolobah was a 10th grader at Doherty Memorial High School.

Personal injury attorney Ted Bassett told Spectrum News 1 there’s in fact some form of negligence in this situation.

“All you have to prove in a products liability case or in a negligence case is that the product was a substantial contributing cause to the death or to the injury,” Bassett said. “And clearly the autopsy report refers to this ingestion of the product, as it is a substantial contributing cause. The easier test for a layperson to understand is the ‘but for’ test. But for him doing this within a day, well, clearly not. This is a precipitating factor. So, yes, he had a heart condition. There’s nothing in there that says that he was going to die because of that heart condition. But for him ingesting this powerful, powerful spice.”

There have been reported cases across the country of children getting ill after eating the chip.

Manufacturer Paqui pulled the popular “One Chip Challenge” from store shelves across the country in the days following Wolobah’s death.

Spectrum News 1 reached out to the Hershey Company, who owns Paqui, but did not get a response as of Thursday afternoon.

Video of this story can be found here:
https://spectrumnews1.com/ma/worcester/news/2024/05/16/autopsy-confirms-challenge-aided-in-teen-death

BY CAM JANDROW WORCESTER
PUBLISHED 5:50 PM ET MAY 16, 2024

Grace Roessler discusses Pet Custody Issues Post Divorce on The Divorce Hour with Ilyssa Panitz

9 May 2024 00:00:00 -0800

Attorney Grace Roessler participates as a guest on this week's The Divorce Hour with Ilyssa Panitz. Grace discusses Pet Custody Issues Post Divorce.

>> Tune into Grace's episode of The Divorce Hour podcast

About The Divorce Hour with Ilyssa Panitz

The Divorce Hour with Ilyssa Panitz is a safe and comfortable place for listeners to put their feet up and escape from the daily grind while we offer you comfort and advice during a challenging and often isolating time in your life. It is hard to turn to friends and family who don’t understand what you are going through emotionally, mentally, or economically but we do and there is nothing to feel ashamed about! While the topics and guests will vary every week – the messaging is always the same: we are going to help you get through this dark period and despite how bleak you may think things look.

Anthony DaSilva quoted in "Why corporate jet perks are coming under federal scrutiny"

8 May 2024 00:00:00 -0800

HR Brew
By Courtney Vinopal
May 6, 2024

When we think of company perks, the standard offerings often come to mind: A gym membership, subway card, or office snacks are all items employers might foot the bill for in order to keep their employees happy. If you’re lucky, maybe you get a branded company mug at the holiday party.

But what about country club dues, or tickets to a sporting event? How about a ride on the corporate jet? These more lavish rewards—known as perquisites or perks—are typically non-cash benefits reserved for executives at larger firms. They’re also regulated by the Securities and Exchange Commission (SEC), which requires public companies to disclose these benefits when they amount to more than $10,000 annually, unless the perk is “integrally and directly related to the performance of the executive’s duties.” Such personal benefits are considered a form of income, and thus subject to taxation.

Boeing recently revealed in an SEC filing that it neglected to properly disclose more than $500,000 worth of travel that executives took on the company’s aircraft in 2021 and 2022. While these trips were initially recorded as business travel, they should have been disclosed as perquisites.

How employers should approach perquisites. Perks like the one Boeing grants its executives are coming under closer federal scrutiny. The SEC has brought 20 cases against public companies for failing to properly disclose perquisites in the last decade, Bloomberg Law reported, including two last year. In one case that was settled in June 2023, the SEC found Stanley Black & Decker failed to disclose $1.3 billion worth of perquisites and personal benefits paid to four of its executive officers, predominantly associated with corporate aircraft use, between 2017 and 2020.

The Internal Revenue Service (IRS) said in February it “plans to begin dozens of audits on business aircraft involving personal use.

Given the sensitive nature of perquisites, someone in the finance or tax department will likely be tasked with recordkeeping, though HR may play a role as well, said Anthony DaSilva, a partner at Mirick O’Connell, a Massachusetts-based law firm, who leads the compensation, benefits and ERISA practice. To avoid getting in hot water with regulators and the federal government, it’s best to err on the side of caution and “treat something that has elements of something that is non-business related as a perquisite,” DaSilva added.

This judgment call isn’t always easy to make, DaSilva said. In the case of corporate jet use, there are clear-cut cases when this can be categorized as business travel, i.e., a CEO is flown from the company headquarters to visit a facility or division, or to meet with investors. But what if that executive decides to bring along their spouse or children? In this case, the expense starts to veer from business toward the perquisite category. For situations that aren’t clear-cut, “it’s a best practice to just go ahead and disclose, and put it in income. Because the consequences of it being brought to light…is going to hurt the brand, the image of the company.”

Reconsidering executive perks. When developing policies on perquisite use, employers may want to take a step back and consider whether such perks are really critical and essential for their business, DaSilva said. In lieu of perquisites, companies might consider compensating individuals “in a way that allows them to make their own decisions in terms of how they spend their income.”

Perquisite offerings have declined in recent years, he noted. Organizations that continue to offer them, he posited, are “likely standing out, and maybe not in a good way.”

Robert Kilroy and Paul Carey Selected for Worcester Business Journal Power 100 for 2024

1 May 2024 00:00:00 -0800

Mirick O’Connell is proud to announce that the Firm’s Co-Managing Partners Paul Carey and Bob Kilroy have been selected to the Worcester Business Journal’s Power 100 list for 2024. The list recognizes the 100 most influential business leaders in Central Massachusetts. These individuals are high-profile people making major moves in the region, shaping the economy and the community.

Paul is a partner in the Creditors' Rights, Bankruptcy and Reorganization Group, where he concentrates his practice on creditors' rights, bankruptcy, and business reorganization matters. He has extensive experience with bankruptcy and insolvency proceedings and litigation, representing creditors, debtors, creditors' committees, trustees, and receivers. He represents borrowers, lenders, and other creditors in out-of-court loan restructurings, receiverships, assignments for the benefit of creditors, and the purchase and sale of distressed businesses.

Bob is a partner and former chair of the Labor, Employment and Employee Benefits Group, where he specializes in employment litigation in defense of corporations and their executives. Bob has extensive experience representing hospitals and physician groups. He routinely appears in federal and state courts throughout New England and beyond, as well as before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission in defense of claims of discrimination, sexual harassment, wrongful termination, breach of contract, whistleblower, and wage payment violations. Bob also has extensive experience in both defense and enforcement of non-compete agreements. In addition, he represents management for private-sector employers in grievance arbitrations filed by unions, with particular emphasis on the health care industry. Apart from his employment litigation practice, Bob advises clients on a broad range of employment and human resource-related issues.

Both attorneys have impressive track records with the firm, are deeply involved with the community, and are regularly recognized by rating service Super Lawyers.

View all of the WBJ Power 100 for 2024 profiles on the Worcester Business Journal’s website: https://www.wbjournal.com/article/wbj-names-the-power-100-the-most-influential-central-mass-professionals-in-2024 (subscription required)

Christine Boutin to present, "What Conveyancers Need to Know When Elderly Clients Buy Property"

22 Apr 2024 00:00:00 -0800

"What Conveyancers Need to Know When Elderly Clients Buy Property"

Become conversant in basic estate planning concepts to help clients flag potential estate planning issues and seek qualified counsel in a timely manner.

Live Webcast 5/20/2024
12-1pm
https://www.mcle.org/product/catalog/code/2240157P01

Representing elders in a property purchase can raise complex questions. Irrevocable trust planning for a primary residence or vacation home can be critical for the family’s financial future should the elder need to enter a nursing home and qualify for Medicaid benefits. Ensuring that the elder has a properly drafted durable power of attorney can avoid the expense and delay of a protracted conservatorship proceeding in court when an elder’s home needs to be sold or transferred after incapacity has struck. Simply asking if the elder has a will can avoid the necessity of an additional court proceeding for the personal representative to obtain a license to sell the property after the elder’s death. Conveyancers need to be conversant in these concepts to help clients flag potential estate planning issues and seek qualified counsel to address them in a timely manner.

Bob Kilroy and Paul Carey Named Co-Managing Partners

10 Apr 2024 00:00:00 -0800

MIRICK O’CONNELL NAMES FIRM’S FIRST CO-MANAGING PARTNERS WITH EYE TOWARD THE FUTURE

Paul Carey & Robert Kilroy will succeed long-time leader David Surprenant who is transitioning into a new role after 22 years as Managing Partner.

Worcester, MA – April 1, 2024 - Mirick O’Connell announced today that Paul W. Carey and Robert L. Kilroy have been appointed Co-Managing Partners. It's the first time in the Firm’s history that two partners have been elected to share the role at the Firm. They are taking over from David E. Surprenant, who has served as Managing Partner for 22 years and will continue to offer his strategic guidance in the newly created role of Chairman of the Firm.

“It’s been a privilege to serve as Managing Partner of Mirick O’Connell for the past two decades, and I look forward to devoting more time to the Firm’s strategic initiatives,” said Surprenant. “Transitions are important and healthy for all businesses. Bob and Paul bring diverse backgrounds and extensive experience to the role which will ensure a robust foundation for years to come and position us to write the next great chapter for Mirick.”

“On behalf of the Firm, I would like to express our deep appreciation to David for his steadfast leadership and many contributions these past 22 years. I’m enormously proud of the Firm we are today and the lasting impact we’ve had on our clients and the communities in Worcester, Westborough, and Boston. Mirick is well-positioned to continue building on an impressive legacy to meet the new challenges of a rapidly evolving legal market,” said Kilroy.

Kilroy has been a member of Mirick O’Connell’s Management Committee since 2020 and previously served a chair of the Firm’s Labor, Employment and Employee Benefits Group and as the Firm’s Marketing Chair. A strategic employment litigator with considerable experience in the courtroom, Kilroy applies the rigor, determination, and discipline instilled in him during his ten years of active-duty service as a United States Marine Corps officer to obtain the best possible outcomes for his clients.

Carey, an integral part of Mirick O'Connell since 1995, is a member of the Firm’s Management Committee and has led the Firm’s Recruiting Committee as Hiring Partner. Carey is a partner in the Firm's Creditors' Rights, Bankruptcy, and Reorganization Group and represents borrowers, lenders, and creditors, navigating through troubled commercial relationships. He has earned the esteemed AV® Preeminent Peer Review Rating from Martindale-Hubbell, reflecting his exceptional legal skills and ethical standards. His pro bono work also earned him recognition on multiple occasions in the U.S. Bankruptcy Court for the District of Massachusetts' Pro Bono Honor Roll.

“Our focus remains on serving businesses and individuals in the region, as the Firm has for over 100 years,” said Carey. “We truly make a difference in our clients' businesses and their lives. That commitment, combined with our talent and culture, is what drives success for our clients and our Firm. I look forward to deepening Mirick’s footprint as we move the Firm forward.”

Carey and Kilroy highlighted their shared vision and responsibility to safeguard the Firm’s culture which emphasizes collegiality and a respectful, inclusive workplace for all members of the Mirick O’Connell team. Both Carey and Kilroy will continue to practice and serve their clients while leading Mirick O’Connell, with an emphasis on strategic growth; responsive client service; cost-effective legal representation; diversity, equity, and inclusion; and commitment to the community.

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Mirick O’Connell is a full-service business law firm with offices in Worcester, Westborough and Boston, Massachusetts. Founded in 1916, Mirick O'Connell combines leadership, experience, responsive client service, and cost-effective legal services. The Firm’s principal service departments are Business; Creditors’ Rights, Bankruptcy and Reorganization; Construction Law; Education Law; Health Law; Labor, Employment and Employee Benefits; Litigation; Public and Municipal Law; Real Estate and Environmental Law; and Trusts and Estates.

For more information on the Firm, visit: www.mirickoconnell.com.