The Corporate Transparency Act

On January 1, 2024, the Corporate Transparency Act (“CTA” or the “Act”) went into effect, requiring most private companies to file informational reports with the Financial Crimes Enforcement Network, or “FinCen”, a bureau of the U.S. Department of the Treasury. The Act is designed to combat money laundering, terrorism funding and other illicit activities by collecting the beneficial ownership information of most smaller, closely held domestic or foreign companies operating in the United States. Almost every small family business will need to report to FinCen, with more than 32 million entities estimated to be affected. The Act has significant penalties for non-compliance, so it is important for businesses to understand what the CTA is and what is required to be reported.

Who Needs to File

The CTA requires that all “Reporting Companies” file information identifying their beneficial owners to FinCen and to update the information if it changes. A “Reporting Company” is an entity created by filing a document with a secretary of state or any similar office under state law. This broad definition affects corporations, limited liability companies, limited partnerships, professional corporations and similar entities, including certain foreign entities and real estate holding companies. There are exemptions, mostly for entities already required under law to submit similar information, such as publicly traded companies, banks, tax-exempt §501(c) corporations, and entities that (1) employ 20 or more full-time employees, (2) reported $5,000,000 in receipts or sales on the entity’s tax return for the previous year and (3) have a physical office in the United States.

Reported Information

 A “Beneficial Owner” is an individual who, directly or indirectly, (1) owns or controls at least 25% of the ownership interests of the entity, or (2) exercises substantial control of the entity. This includes senior officers (President, CEO, CFO, or any other officer, regardless of title, who performs a similar function) or those who otherwise have substantial influence over the entity’s important decisions. In addition to information identifying Beneficial Owners, entities formed after January 1, 2024 must report the same information on each “Company Applicant”, who is the person that files the formation documents to create the Reporting Company and the person responsible for directing or controlling the filing of the formation documents.

 A Reporting Company must report the following information to FinCEN for each Beneficial Owner (and Company Applicant):

a)     Full legal name;

b)     Date of birth;

c)     Current residential or business street address; and

d)     A unique identifying number from a passport, driver’s license, or other government issued identification document along with a copy of the document, or a FinCEN ID, which can be obtained from FinCen through the following website: https://fincenid.fincen.gov/landing.

In addition, Reporting Companies must file updated reports within 30 days of any changes in the above information.

When Do You Have to File

All Reporting Companies created prior to January 1, 2024 must file their Beneficial Ownership information by January 1, 2025. Reporting Companies created on or after January 1, 2024 must file their Beneficial Ownership and Company Applicant information within 90 days of formation. For Reporting Companies created in 2025 and after, there is a 30 day deadline to file.

Any Reporting Company willfully failing to provide Beneficial Ownership information or failing to provide complete or updated information to FinCen, could be liable for civil penalties up to $500 for each day the violation continues and criminal penalties of up to two years in prison and fines of up to $10,000.

Most of the estimated 32 million businesses covered by the CTA are small businesses without their own in-house counsel. If you have any questions or concerns about how to comply with the Act, we are happy to assist you.

Berluti McLaughlin & Kutchin LLP Named to “2024 Best Law Firms” List by Best Lawyers®

Berluti McLaughlin & Kutchin LLP is proud to announce that the firm has received top rankings in the Boston metro area of the Best Lawyers® edition of “Best Law Firms.”  Law firms included in the “Best Law Firms” rankings are recognized for consistently impressive ratings from clients and peers.  The firm’s 2 rankings are organized by tier below.

Boston Metropolitan Tier 2: Litigation – Labor and Employment

Boston Metropolitan Tier 3: Commercial Litigation

Best Lawyers “Best Law Firms” rankings are based on client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking, a law firm must have at least one lawyer listed in The Best Lawyers in America© list for that particular location and practice area. This year, BMK attorney Robert R. Berluti was selected for inclusion in the 2024 edition of The Best Lawyers in America© and attorneys Micheal A. Bednarz and Liane Keister were selected for the Best Lawyers: Ones to Watch list.

BMK Attorneys named to 2023 Massachusetts Super Lawyers and Rising Stars lists

Berluti McLaughlin & Kutchin LLP is pleased to announce that 5 of its lawyers have been recognized as 2023 Super Lawyers and Rising Stars. The Super Lawyer and Rising Star recognitions were broadly distributed among lawyers in the firm’s litigation, corporate, estate planning, and real estate practices.

The following highly experienced attorneys achieved Super Lawyer status in 2023:

  • Robert R. Berluti
  • Edward D. Kutchin (retired)

The up-and-coming lawyers who earned “Rising Star” distinctions include:

  • Michael A. Bednarz
  • Matthew A. Gens
  • Liane M. Keister

Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. For more information about Super Lawyers, visit www.SuperLawyers.com.

Massachusetts highest court upholds the enforcement of a liquidated damages provision in a commercial lease reversing the Appeals Court. This decision is good news for commercial landlords.

Summary of Cummings Properties, LLC v. Hines, 2023 WL 6202474 (Mass. 2023):
This case revolves around the enforcement of a liquidated damages provision in a commercial lease between Cummings Properties, LLC (“Cummings”) and Massachusetts Constable’s Office, Inc. (“MCO”). Darryl Hines, the founder, sole officer, and director of MCO, signed as a guarantor for MCO, personally guaranteeing the rent and obligations under the lease. The lease included a provision stating that if MCO failed to pay rent, Cummings could terminate the lease after a 10-day grace period and demand the “entire balance of rent” as liquidated damages, with both parties agreeing that this amount represented a reasonable estimate of actual damages.   MCO failed to pay rent two months into the lease, leading to Cummings initiating summary process proceedings, and MCO eventually vacated the premises. Cummings then relet the property to a new tenant one year later, with a 4-year lease. Cummings sued Hines to enforce his obligations as a guarantor, and the trial judge found the liquidated damages provision enforceable, awarding Cummings approximately $69,000. However, the Appeals Court reversed this decision, arguing that the provision was unenforceable as it did not account for Cummings reletting the premises and mitigating the breach.   The Supreme Judicial Court (“SJC”) reversed the Appeals Court’s decision and upheld the trial judge’s ruling regarding the enforceability of the liquidated damages provision. Massachusetts courts follow the “single look” approach to assess such clauses, considering the circumstances at the time of contract formation. Under this approach, a liquidated damages clause is enforceable if (1) actual damages were challenging to determine when the contract was signed and (2) the agreed-upon sum reasonably forecasts the expected damages from a breach.   The SJC found that Hines failed to provide evidence supporting his claim that Cummings would relet the premises on default, making damages difficult to ascertain. Additionally, since the liquidated damages clause represented the agreed-upon rental value and decreased over the lease term, it was a reasonable anticipation of damages. The clause did not need to account for future rents from a new tenant to be enforceable.   Furthermore, a liquidated damages provision negotiated between sophisticated parties is presumed valid. Hines, although not highly sophisticated, had experience in starting businesses, negotiating contracts, and dealing with legal matters, making him sufficiently sophisticated to be bound by the contract terms. As Hines could not prove the unenforceability of the liquidated damages provision, the SJC upheld the trial court’s judgment in favor of Cummings.  This case is good news for Commercial Landlords and a cautionary notice to Commercial Tenants. Both should review their leases for the scope of damages that may be available if a Tenant defaults on their obligations.
Robert R. Berluti, Matthew Dunn, Chris Davidson and Chris Worthy at Berluti Mclaughlin & Kutchin LLP are available to assist in reviewing your leases.

Three Berluti McLaughlin & Kutchin LLP Attorneys Recognized as Best Lawyers in America® and Best Lawyers: Ones to Watch® for 2024

Berluti McLaughlin & Kutchin LLP is pleased to announce that Robert R. Berluti has been selected for inclusion in the 2024 edition of The Best Lawyers in America© and Michael A. Bednarz and Liane Keister have been selected for the Best Lawyers: Ones to Watch list.

Robert R. Berluti – Commercial Litigation; Litigation – Labor and Employment

Michael A. Bednarz – Litigation – Labor and Employment; Labor and Employment Law – Employee; Litigation – Real Estate

Liane Keister – Corporate Law

Best Lawyers is the oldest and most respected peer-review publication in the legal profession.  A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

BMK LLP is proud to announce that Michael Bednarz was elevated to partner of the firm effective January 1, 2023

Berluti McLaughlin & Kutchin LLP is proud to announce that Michael Bednarz was elevated to partner of the firm effective January 1, 2023.

Mike specializes in complex civil litigation.  Mike’s practice includes complex business disputes and employment actions.  He represents both employers and employees in actions involving discrimination, wage and hour, and restrictive covenant agreement issues, and has also represented businesses and their owners in internal disputes concerning fiduciary duties and in derivative actions.  Mike has tried cases in both state and federal courts, and has extensive experience in all forms of alternative dispute resolution, including arbitration and mediation.

Senior Partner Robert Berluti commented that,

“The decision to make Mike a partner at BMK was easy. He has a wonderful blend of technical legal expertise paired with excellent business acumen and good judgment. Our clients appreciate working with Mike because of his warm personal demeanor. Judges and opposing counsel respect Mike because of his no nonsense, straightforward approach to working through issues to keep cases on track to either amicable resolution or trial.”

Mike stated,  

“I am incredibly honored by this recognition and grateful to the partners of Berluti McLaughlin & Kutchin LLP for this opportunity.  It is a privilege to practice alongside the many exceptional attorneys at our firm.  I look forward to continuing to serve our clients and contributing to the firm’s success.”

Mike was named a Massachusetts “Rising Star” by Super Lawyers magazine from 2017 – 2022 and included on the “Ones to Watch” list by Best Lawyers in America in 2023.  He is a graduate of Saint Michael’s College and obtained his Juris Doctor, cum laude, from Suffolk University Law School where he was also a member of the Suffolk University Law Review.

BMK Attorneys named to 2022 Boston Magazine Top Lawyers Lists

BMK is proud to announce the following attorneys were included in the 2022 Boston Magazine Top Lawyers List:

John McLaughlin was selected as a Top Lawyer in Trusts and Estates.

Matthew Dunn was selected as a Top Lawyer in Real Estate.

The List is comprised of the top attorneys in a wide range of legal specialties, from business and criminal law to family and employment law. To compile this extensive guide, Boston magazine (in partnership with DataJoe Research) invited lawyers in the area to nominate up to three of their peers in a select number of specialties. The top vote-getters in each specialty were then reviewed by an advisory board of select lawyers, chosen for their credentials and the high number of votes they received.

All of us at Berluti McLaughlin & Kutchin congratulate John and Matt on their well-deserved recognition and are proud to have them as partners in our firm.

BMK Attorneys named to 2022 Massachusetts Super Lawyers and Rising Stars lists

BMK is proud to announce that Robert Berluti, Edward Kutchin, Liane Keister, Michael Bednarz and Matthew Gens were respectively selected for inclusion in the 2022 Massachusetts Super Lawyers and Massachusetts Super Lawyers Rising Stars lists. Robert Berluti has received the recognition since 2005.

Super Lawyers recognizes outstanding lawyers from more than 70 practice areas who have attained a high degree of peer appraisal and professional achievement. The annual selections are based on a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. In addition, Super Lawyers Rising Stars honors attorneys who are either 40 years of age or younger or have been practicing for 10 years or less. No more than 2.5 percent of Massachusetts lawyers are selected each year to receive this honor.

Robert R. Berluti and Edward D. Kutchin Selected as Two of Boston’s Top Rated Lawyers

Berluti McLaughlin & Kutchin LLC is proud to announce that Robert R. Berluti and Edward D. Kutchin have been selected as some of Boston’s Top Rated AV Preeminent Rated™ Lawyers for 2012 through 2023 by LexisNexis® Martindale-Hubbell®, the company that has long set the standard for peer review ratings. To create this list of Top Rated Lawyers, the legal information service company tapped into its comprehensive database of Martindale-Hubbell Peer Review Ratings to identify lawyers who have been rated by their peers to be AV Preeminent – the highest Peer Review Rating available. 

BMK’s clients received a favorable verdict in the Norfolk Superior Court

BMK’s clients received a favorable verdict in the Norfolk Superior Court in the amount of $376,000 (before statutory interest) in a trial arising from a serious head on automobile collision. Attorney Robert R. Berluti tried the case. Attorney Chris Davidson worked on all aspects of preparing the case for trial and on trial issues as they arose.

Robert R. Berluti and Michael A. Bednarz Recognized in 2023 Best Lawyers in America

Berluti McLaughlin & Kutchin LLP is pleased to announce that Robert R. Berluti has been selected for inclusion in the 2023 edition of The Best Lawyers in America© and Michael A. Bednarz has been selected for the Best Lawyers: Ones to Watch list.

Robert R. Berluti – Commercial Litigation; Litigation – Labor and Employment

Michael A. Bednarz – Litigation – Labor and Employment

Best Lawyers is the oldest and most respected peer-review publication in the legal profession.  A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

BMK Attorneys Assist Client in $130+ Million Sale of Manufacturing Business

BMK Attorneys John McLaughlin, Kerry Northup and Christopher Worthy represented their client in connection with the sale of its equity interests in a Massachusetts-based manufacturing company for a purchase price of over $130 million.  The sale, to a strategic buyer backed by private equity, included the rollover of a portion of the purchase price into the consolidated enterprise as well as representation and warranty insurance, providing BMK’s client with a “walk-away” transaction with the full benefit of the purchase price and minimal risk going forward.

Employers Must Pay Wages on Date of Termination or Be Automatically Liable for Treble Damages for Late Wage Payments

On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court (SJC) held that employers are strictly liable for treble damages for making late wage payments, even when an employee has not yet filed suit asserting a wage claim.

The City of Methuen discharged Reuter. When terminated, she had accrued $8,952.15 of unused vacation time. The City failed to pay her for this accrued vacation time on the date of termination, but rather paid her the full amount approximately three weeks later. The city also paid Reuter an additional $185.42, representing trebled interest for the three weeks between her termination and when the City paid the accrued vacation time. Prior to this decision, the prevailing view was that paying three-time the interest satisfied the employer’s obligation under the Wage Act for late payment of wages before the employee made a claim.

The SJC held that the City’s pre-suit payment of both the plaintiff’s unpaid, accrued vacation time and trebled interest were “late payments constitute[ing] clear violations of the statute.” Quoting the Massachusetts Wage Act, the SJC explained that under the statute “any employee discharged from employment … shall be paid in full on the day of his discharge.” The SJC rejected the notion that an employer could avoid liability for treble damages by paying the wages owed, plus trebled interest on the unpaid amount at a later date.

The Reuter decision makes clear that an employer is obligated to immediately pay an employee – on the same day of discharge in the case of an involuntary termination – all wages, including accrued, unused vacation time.  If an employer does not timely pay these wages, the employer will be liable for automatic treble damages and interest on the unpaid amount even if the amounts are paid later.  As recognized by the SJC, if an employer is not prepared to pay the wages for any reason including the need for calculations to be done, the employer should initially suspend, rather than terminate, an individual’s employment until the employer can comply with the Massachusetts Wage Act.  

If you have any questions regarding the foregoing decision, or Wage Act compliance in general, please contact attorneys Michael Bednarz or Robert R. Berluti.

Kerry Northup and Christopher Worthy Represent Client in $12+ Million Asset Acquisition

BMK Attorneys Kerry Northup and Christopher Worthy were pleased to represent their client in connection with the $12+ million asset acquisition (including potential earn out payments) of a business in the Southern United States.  The transaction resulted in BMK’s client not only expanding its existing product lines and geographic footprint, but also resulted in its client obtaining several Fortune 500 companies as customers.  BMK was very pleased to assist its client in continuing its dramatic growth.

Bob Berluti and Matt Gens Obtained Summary Judgment in the Massachusetts Superior Court

Bob Berluti and Matt Gens obtained summary judgment in the Massachusetts Superior Court on eight counts of a ten-count amended complaint brought by a disgruntled 50% shareholder against the other 50% shareholders in a Massachusetts closely held family corporation. Significantly, despite a shareholder deadlock, the summary disposition included the corporate dissolution claim because the plaintiff failed to show any evidence of ‘irreparable injury’ required under the applicable statute. The decision was reported in the March 7, 2022 edition of the Massachusetts Lawyers Weekly.

Matthew Dunn and Jason D. MacKeen Join with Berluti McLaughlin & Kutchin LLP

Berluti McLaughlin & Kutchin is thrilled to welcome Matthew Dunn and Jason D. MacKeen to the firm. Matt joins as a partner and Jason as an associate. Matt returns to BMK where he worked as an associate from 2011 to 2016. He left to form Dunn Law Group, P.C., where his practice continued to thrive. He focuses on all aspects of real estate including conveyancing and financing transactions, land use, and litigation including eminent domain. He represents major lending institutions, real estate investors and developers. These practice areas dovetail with BMK’s real estate practice in serving its client base of closely held businesses and owners. Jason will continue his practice in real estate litigation.

Matt received his Bachelor of Arts degree from Boston College and his J.D. from Suffolk University Law School. He initially practiced in Chicago before returning to his roots in Massachusetts.

Matt is a very thoughtful and thorough attorney. His clients quickly build trust in him because of his deep technical knowledge and his prompt and practical advice. Even after leaving BMK, I had the pleasure of working with Matt on several cases. We could not be more excited professionally and personally to have Matt join us as a Partner. – Bob Berluti, Partner

Matt grew up in Weymouth and now resides in Norwell with his wife and four children.

I have maintained a fantastic working relationship with the attorneys at Berluti McLaughlin & Kutchin LLP and have collaborated on many cases.  They are creative, effective, competent, and zealous advocates for their clients.  I could not be more exited to rejoin such a great firm, which provides quality and cost-effective legal representation in virtually every area of the law that applies to my clients.  Matthew J. Dunn, Esq.

Jason received his Bachelor of Arts degree from Bridgewater State University and his J.D. from Roger Williams School of Law.

BMK is a multi-disciplinary law firm specializing in civil trial advocacy, corporate governance, complex corporate transactions, commercial finance, real estate and sophisticated estate planning. Matt and Jason coming on board continues BMK’s expansion of its ranks to better serve its clients.

BMK Attorneys Assist Client in $70+ Million Acquisition of Midwestern Business

BMK Attorneys John McLaughlin, Kerry Northup and Christopher Worthy represented their client in connection with the acquisition of certain of the assets of a Mid-Western company in a transaction for aggregate consideration of over $70 million.  The “carve out” transaction required careful work to specify only those assets and liabilities of the target company that were being acquired.  BMK was pleased to have assisted its client in a strategic acquisition that expanded the client’s geographic footprint.

BMK Attorney Robert R. Berluti included in the 2021 edition of The Best Lawyers in America

Attorney Robert R. Berluti has been included in the 2021 edition of The Best Lawyers in America for his work in Commercial Litigation. Lawyers named to The Best Lawyers in America publication are selected by their peers for professional excellence in the legal field. There are approximately 5% of practicing lawyers in the United States featured, making the list an exclusive and highly sought after accolade to attain. Published since 1983, Best Lawyers is regarded as the definitive guide to legal excellence, and lawyers are included based entirely on peer review and merit.

Employees Who File a Rebuttal to a Personnel Record Are Protected Against Retaliation.

On December 17, 2021, the Massachusetts Supreme Judicial Court (SJC) held that the termination of an at-will employee for exercising their right to rebuttal under the Massachusetts Personnel Records statute is a violation of public policy.  In Meehan v. Med. Info. Tech., Inc., an employee alleged that his employer terminated him after he filed a rebuttal in response to being placed on a “performance improvement plan.”  The trial court dismissed the employee’s complaint because the right to file a rebuttal under the personnel record statute was not a sufficiently important matter of public policy.

The SJC reversed the trial court’s decision. The Massachusetts Personnel Records statute gives an employee who disagrees with information contained in his or her personnel record the right to supplement the personnel record with a written statement explaining their position. The SJC held that terminating an employee for filing a written response to a personnel record violated the public policy exception to at-will employment.  Under that exception, employees may not be terminated for asserting a legally guaranteed right, such as filing a worker’s compensation claim. The SJC explained that in enacting the personnel records statute, the Legislature determined that the right to file a rebuttal is a matter of public significance.

The Court rejected the notion that its decision undermined the employment at-will doctrine, explaining that an employer remains free to terminate an employee for any lawful reason or no reason at all, with or without notice. According to the SJC, an employee’s rebuttal simply memorializes his or her position, but does not create any additional rights.

However, the Court limited an employer’s ability to take any retaliatory action against an employee for the contents of an employee’s rebuttal, explaining that emotions inevitably run high in this process, and the employee’s expression of disagreement with information in a personnel record, “no matter how intemperate and contentious the expression” may not be grounds for termination. The Court noted, though, that this protection from termination does not extend to “threats of personal violence, abuse, or similarly egregious responses.”

Whether you are an employer contemplating taking action against an employee after their filing of a rebuttal statement, or an employee who believes that you may have been retaliated against for exercising this legally guaranteed right, please contact either Michael Bednarz, Esq. or Robert R. Berluti, Esq.   

Robert R. Berluti secures dismissal for client against a retaliatory lawsuit filed by an abutter

Roberta Tonsberg sued her neighbor for violating deed restrictions prohibiting swimming pools.  She won her lawsuit in Land Court.  While it was pending, her neighbor sued her for abuse of process and three other claims.  She filed an Anti SLAPP Motion that was denied by the Superior Court.  She appealed and the Appeals Court remanded the case finding the Superior Court did not apply the right analysis.  On remand, the Superior Court allowed her Anti SLAPP Motion dismissing all claims against her.  The remainder of the suit against her husband settled shortly thereafter with the Plaintiff dismissing its lawsuit receiving no payment.  Read More Here.  Appeals Court Decision.

BMK Attorney John McLaughlin named a 2020 Massachusetts Go To Lawyer

John McLaughlin, of Berluti McLaughlin & Kutchin LLP, has been named a 2020 Massachusetts Go To Lawyer by Massachusetts Lawyers Weekly. The “Go To Lawyer” award recognizes the top business lawyers across the Commonwealth and highlights lawyers who are experts in their field. Read the full article below.

All of us at Berluti, McLaughlin, & Kutchin congratulate John on his well-deserved recognition and are proud to have him as one of the partners in our firm.

BMK Attorneys named to 2020 Super Lawyers and Rising Stars lists

BMK is proud to announce that Robert Berluti, Edward Kutchin, Liane Keister and David Hansen were respectively selected for inclusion in the 2020 Massachusetts Super Lawyers and Massachusetts Super Lawyers Rising Stars lists. Robert Berluti has received the recognition since 2005.

Super Lawyers recognizes outstanding lawyers from more than 70 practice areas who have attained a high degree of peer appraisal and professional achievement. The annual selections are based on a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. In addition, Super Lawyers Rising Stars honors attorneys who are either 40 years of age or younger or have been practicing for 10 years or less. No more than 2.5 percent of Massachusetts lawyers are selected each year to receive this honor.

BMK Attorney Robert R. Berluti Quoted in Law 360 on Supreme Judicial Court Win

BMK Attorney Robert Berluti was quoted in the publication, Law 360, commenting on the Supreme Justice Court’s ruling in the case of Parker v. EnerNOC et al., that was ruled in his client’s favor.

Attorney Robert Berluti’s client, Francois Parker, alleged gender discrimination, Wage Act violations, breach of contract and breach of the covenant of good faith and fair dealing in her August 2016 complaint against her former employer EnerNOC.

In 2018, a jury returned a verdict in Parker’s favor awarding a judgment in excess of $500,000 dollars for her unpaid salary, fringe benefits, treble damages, attorneys’ fees and costs and pre-judgment interest.

EnerNOC then appealed the judgment in 2019 and argued to the Supreme Judicial Court in attempts to overturn the judgment.

Despite EnerNOC’s efforts, the Supreme Judicial Court ruled in Francoise Parker’s favor and in support of the Wage Act.

Attorney Berluti commented on the Supreme Judicial Court ruling in Law360 stating,

“If the SJC did not rule the way it did, employers would have a loophole to avoid paying commissions by terminating employees prior to the commission payment becoming due,” he said. “Hardworking plaintiffs, like Fran Parker, would not receive the full benefit from the services she rendered to EnerNOC.” (Villani, Chris. “Massachusetts Top Court Triples Fired Worker’s Jury Award”, Law 360).