picture of books (1)DISCRIMINATION LAW

Kimball, N., “21st Century Discrimination Claims: Where Have We Come and Where Are We Going?” published by Massachusetts Continuing Legal Education, Employment Law Conference (Dec. 2013).

Brousseau, J., “Maximize Your Worth: Obtaining Reasonable Attorney’s Fees and Costs” an article for MCLE’s Effective Attorneys’ Fee Petitions: Perspective from the Bench and Bar (April 2013).

Kimball, N., “The New Massachusetts Transgender Equal Rights Statute: What Employers Need To Do To Comply” (Jan. 2012).

Kimball, N., “The EEOC’s Regulations Under the 2011 Amendments to the Americans with Disabilities Act” (Jan. 2012).

Kimball, N., “Retaliation Law Developments: Third-Party Retaliation” (Jan. 2012).

Kimball, N., “Retaliation Law Developments: Post-Employment Conduct: Lawsuits Can Be Retaliatory” (Jan. 2012).

Kimball, N. & Brousseau, J., “Litigating Sexual Harassment Claims: A Plaintiff’s Perspective,” a chapter in MCLE’s Massachusetts Employment Law (1999, rev. 2005, 2009).

Kimball, N., “Summary of Americans With Disabilities Act Amendments,” published in MCLE Hot Topics in Employment Discrimination Law (Feb. 2009).

Kimball, N., “Summary of Changes to Americans With Disabilities Act, Family & Medical Leave Act and FMLA Regulations,” published in MCLE Update on the New FMLA and ADA Amendments (Jan. 2009).

Author of Amicus Brief in Everett v. The 357 Corporation, SJC No. 10238 (filed Dec. 1, 2008) (on behalf of seven civil rights and advocacy groups discussing the scope of the investigation rule and continuing violation doctrine in employment discrimination cases).

Brousseau, J., “Maximize Your Worth: Obtaining Reasonable Attorney’s Fees and Costs” an article for the National Employment Lawyers Association’s New England Regional Conference (May 2008).

Brousseau, J., “How To Successfully Obtain Attorney’s Fees and Costs Awards,” an article for the MCLE Publication Where to File Your Employment Case: Comparing Jurisdictions (May 2006).

Contributing author to “Recent Developments in G.L. C. 151B Employment Discrimination Cases,” for Flaschner Judicial Institute (Oct. 2004).

Kimball, N., “Pennsylvania State Police v. Suders: Constructive Discharge in Sexual Harassment Cases,” published in MCLE, The Court Year in Review: Employment Law (Sep. 2004).

Kimball, N. and Brousseau, J., “Stonehill College v. MCAD: The More Things Change, The More They Stay The Same,” an article published in Massachusetts Lawyers Weekly (Aug. 9, 2004).

Kimball, N., “Sample Jury Instructions for Retaliation,” published in MCLE Employment Law Conference Dec. 5, 2003 (2003).

Brousseau, J., “The Who, What, Where and How of Collecting Attorney’s Fees and Costs,” an article for the National Employment Lawyers Association’s New England Regional Conference (April 2003)

Kimball, N., “Practical Tips for Discovery in Employment Discrimination Cases,” revised and published in materials for National Employment Lawyers Association New England Regional Conference (April 2003).

Kimball, N. & Brousseau, J., Co-authored the Brief of the Amici Curiae Professors of Remedies, Constitutional Law and Litigation, in Goodridge v. Department of Public Health, No. 08860, at the Supreme Judicial Court in support of same-sex marriage and urging the Court to apply a judicial remedy  (Nov. 2002).

Kimball, N., “The Continuing Violations Doctrine: The New Federal and State Standards,” published in MCLE, U. S. Supreme Court Year in Review: Employment Law (Oct. 2002).

Brousseau, J. and Kimball, N., “Opening the Door: Your Key to Getting Attorney’s Fees – Selected Statutes Authorizing Attorney’s Fee Awards,” an article for the Labor & Employment Section of the Boston Bar Association’s Continuing Legal Education Program, Attorneys’ Fees & Punitive Damages: Put But Money In Thy Purse (2001).

Brousseau, J., “Understanding the Implications of Employment Discrimination Cases – Select Summary of Recent Decisions,” an article for the Council on Education in Management’s Massachusetts Personnel Law Update 2001 program (November 2001)

Kimball, N., “Developments in the Law of Sex Discrimination,” published in MCLE Employment Discrimination Update (May 2001).

Brousseau, J., “You Won, Now How Do You Get Your Attorney’s Fees and Costs: A Plaintiff’s Road Map,” an article for the Labor & Employment Section of the Boston Bar Association’s Continuing Legal Education Program, Attorneys’ Fees & Punitive Damages: Put But Money In Thy Purse (2001)

Brousseau, J. and Kimball, N., “Opening the Door: Your Key to Getting Attorney’s Fees – Selected Statutes Authorizing Attorney’s Fee Awards,” an article for the Labor & Employment Section of the Boston Bar Association’s Continuing Legal Education Program, Attorneys’ Fees & Punitive Damages: Put But Money In Thy Purse (2001)

Brousseau, J., “Selected Attorney’s Fees Decisions,” an article for the Labor & Employment Section of the Boston Bar Association’s Continuing Legal Education Program, Attorneys’ Fees & Punitive Damages: Put But Money In Thy Purse (2001)

Brousseau, J., “Sample Application for an Award of Attorneys’ Fees and Costs,” a submission for the Labor & Employment Section of the Boston Bar Association’s Continuing Legal Education Program, Attorneys’ Fees & Punitive Damages: Put But Money In Thy Purse (2001)

Brousseau, J., “Tips for Avoiding Sexual Harassment Lawsuits,” article in the MBA publication The Lawyer as Employer: How To Anticipate and Deal With Employment Law Issues In Your Office (June 1999)

Brousseau, J., “Disability Discrimination: Rights and Obligations,” article in the MBA publication The Lawyer as Employer: How To Anticipate and Deal With Employment Law Issues In Your Office (June 1999).

Brousseau, J., “Federal and State Employment Discrimination Law: When is the Worker Protected and the Employer Liable?” an article in the MBA publication The Contingent Workforce – Emerging Legal Issues (May 1996), republished in the MBA’s Labor and Employment Section News, Volume 15, No. 3 (June 1996).

Kimball, N., “Sexual Harassment Laws and Freedom of Expression: Is There A Conflict?” (MCLE 1995).

Kimball, N., “The After-acquired Evidence Rule:  A Plaintiff’s Perspective,” 23 Mass. Law. Weekly 1839 (May 22, 1995).

Koffel, W. & Kimball, N., “The After-acquired Evidence Defense in Discrimination Suits,” published in 5 Best of MCLE J. 11 (1993).

Kimball, N., “Not Just Any Factor Other Than Sex: An Analysis of the Fourth Affirmative Defense of the Equal Pay Act,” 52 Geo. Wash. L. Rev. 318 (1984).

 

FAMILY & MEDICAL LEAVEphoto workers

Kimball, N., contributing author to “Interrelationships Between The ADA, The FMLA, G.L. c. 151B, G.L. c. 149, § 52D and the MMLA,” a chapter in MCLE’s Massachusetts Employment Law (rev. 2012).

Author of Amicus Brief on behalf of Defendant and six civil rights groups in Global NAPS v. Awiszus, No. SJC-10586 at the Supreme Judicial Court (Feb. 2010), arguing in support of enforcing the Massachusetts Maternity Leave Guidelines.

Kimball, N., “The Family & Medical Leave Act: A Plaintiff’s Perspective,” a chapter in MCLE’s Massachusetts Employment Law (1999, rev. 2005, rev. 2007, rev. 2009, rev. 2010).

Kimball, N., “Multi-step Approach to Family Leave Act Compliance,” published in New England In-House (March 2009).

Kimball, N., “The FMLA: After 15 Years, More Important Than Ever,” Mass. Lawyers Weekly (Feb. 18, 2008).

Lead author of Amicus Brief on behalf of Massachusetts Employment Lawyers Association in Stephens v. Global Naps, No. 2006-P-0435 at the Massachusetts Appeals Court (Oct. 2006), arguing in support of enforcing the Massachusetts Maternity Leave Guidelines.

Kimball, N., “Traps for the Unwary in Applying the FMLA,” published in Drafting Employment Documents in Massachusetts, (MCLE 1997 rev. 2005).

Kimball, N., “Traps for the Unwary in Applying the FMLA,” published in FMLA portion of the MCLE Employment Law Conference 2002 (Dec. 2002).

Kimball, N., “Maternity Leave Compliance Guide,” published in MBA publication for seminar on Maternity Leave, Discrimination and the New MCAD Maternity Leave Guidelines (June 2000).

 

MCAD PRACTICEKimball-Brousseau-LLP

Brousseau, J., Developed Course Materials for MCLE’s Mock Trial of an MCAD Retaliation Case: Representing Employees and Employers in a Public Hearing program (July 2013).

Brousseau, J., Developed Course Materials for MCLE’s Mock Trial of an MCAD Age Discrimination Case: Representing Employees and Employers in a Public Hearing program (July 2012).

Brousseau, J., Developed Course Materials for MCLE’s On Your Feet at the MCAD: Making the Most of Your Oral Advocacy Opportunities at the MCAD program (October 2011).

Brousseau, J., Developed Course Materials for MCLE’s Mock Trial of an MCAD Sexual Harassment & Retaliation Case: Representing Employees and Employers in a Public Hearing program (July 2011).

Brousseau, J., Contributing Author of materials for MCLE’s Mock Trial of an MCAD Disability Discrimination & Reasonable Accommodation Case: Representing Employees and Employers in a Public Hearing program (July 2010).

Brousseau, J., “Pursuing and Defending Cases at the MCAD,” a chapter in MCLE’s Massachusetts Employment Law (September 2009, rev. 2011, rev. 2012, rev. 2015).

Brousseau, J., Contributing Author of materials for MCLE’s Mock Trial of an MCAD Age Discrimination Case: Representing the Employee or Employer in an MCAD Public Hearing program (June 2009).

Brousseau, J., “Obtaining An Award of Reasonable Attorney’s Fees and Costs From The Massachusetts Commission Against Discrimination,” and “Some Tips For Counsel Practicing at the MCAD,” articles for MCLE’s Presenting and Defending Your First (or Next) MCAD Case program (February 2009).

Brousseau, J., Contributing Author of materials for MCLE’s Mock Trial of an MCAD Sexual Harassment & Retaliation Case: Representing the Employee or Employer in an MCAD Public Hearing program (August 2008).

Brousseau, J. & Rubin, L., “Pursuing and Defending Cases at the MCAD,” a chapter in MCLE’s Massachusetts Employment Law (1999, rev. 2005, rev. 2007).

Brousseau, J., “How To Successfully Obtain An Award of Attorney’s Fees and Costs From The Massachusetts Commission Against Discrimination,” an article for the MCLE Publication Representing Clients Before the MCAD (February 2007).

Brousseau, J. and Hennessy, E., “Some Tips For Complainant’s Counsel Practicing at the MCAD,” an article for the MCLE Publication Representing Clients Before the MCAD (February 2007).

Brousseau, J. and Hennessy, E., “Flow Chart of MCAD Employment Case,” materials for the MCLE Publication Representing Clients Before the MCAD (February 2007, rev. 2009, rev. 2010).

Brousseau, J., Sample pleadings for the MCLE Publication Representing Clients Before the MCAD: A Step-by-Step Practical Guide from Intake to Appeal (February 2006).

Brousseau, J., Sample pleadings for the MCLE Publication Mock Trial of an MCAD Sexual Harassment Case: Representing the Employee or Employer in an MCAD Public Hearing (July 2005).

Brousseau, J., Sample pleadings for the MCLE Publication Representing Clients Before the MCAD: A Step-by-Step Practical Guide from Intake to Appeal (January 2005).

Brousseau, J., Reviewer for the MCLE Publication Representing Clients Before the MCAD in Employment Cases (Fall 2004).

Brousseau, J., “The MCAD’s Procedural Regulations: Practice and Procedure Tips (Complainant Counsel’s Point of View),”an article in the MCLE publication Presenting and Defending Your First (or Next) MCAD Case (August 2002).

Brousseau, J. and Hennessy, E., “Top Ten Tips for Complainant’s Counsel Practicing at the MCAD,” an article in the MCLE publication Presenting and Defending Your First (or Next) MCAD Case (August 2002).

Brousseau, J., “Significant Changes in Practices & Procedures,” an article in the MCLE publication Presenting and Defending Your First MCAD Case  (2001).

Michon, K. and Brousseau, J., “Sample Response to Respondent’s Position Statement” a submission for the MCLE publication Presenting and Defending Your First MCAD Case (August 2001).

Brousseau, J., “Sample Opposition to Respondent’s Motion to Dismiss for Lack of Jurisdiction” a submission for the MCLE publication Presenting and Defending Your First MCAD Case (August 2001).

Brousseau, J. and Hennessy, E., “Top Ten Tips for Complainant’s Counsel Practicing at the MCAD,” an article in the MCLE publication Presenting and Defending Your First MCAD Case (July 2000).

Brousseau, J., “Current Practice Issues Before the MCAD – Top Ten Management Practice/Mistakes,” an article in the MCLE publication Employment & Labor Law Basics (1999).

Brousseau, J., “Significant Changes in Practice & Procedures,” an article in the MCLE publication The New MCAD Regulations (1998).

Kimball, N., Commentary on Decisions by the Massachusetts Commission Against Discrimination, MDLR Commentary First & Second Quarter 1996, published in M.D.L.R. Volume 18 (1996).

 

GENERAL EMPLOYMENT LAWcourt brief image

Brousseau, J. & Kimball, N., “Employment Law for the Non-Lawyer – Non-Competes and Non-Solicits: Are They Enforceable? It All Depends On The Construction” for the Boston Society of Architects Architecture Boston Expo – ABX 2014 Legal Update for Design Professionals (October 2014).

Brousseau, J., “Employment Law for the Non-Lawyer – Employment Law 101” for the Boston Society of Architects Architecture Boston Expo – ABX 2014 Legal Update for Design Professionals (October 2014).

Kimball, N., author of “Supreme Court Watch” blog post on BBA Labor & Employment Section Website (regularly updated posts of employment cases pending and decided at the U.S. Supreme Court) (2012-2014).

Brousseau, J., “Stand Up & Push Back: Understanding & Conveying Your Own Value” for the Boston Society of Architects Women’s Principals Group program (April 2014).

Brousseau, J. & Kimball, N., “Non-Competes and Non-Solicits: Are They Worth the Paper They Are Written On? It All Depends on the Construction” an article in The Professional Contractor, a publication of the Associated Subcontractors of Massachusetts, Inc. (Fall/Winter 2013).

Kimball, N., Editor & Brousseau, J., Contributing Author, Employment Law Guide: A Practical Guide to Understanding Massachusetts Employment Law, published by Boston Bar Association in 2007 (2d ed. 2012).

Kimball, N., “2008 Legislative Update,” published in MCLE Employment Law Conference (Dec. 2008).

Kimball, N., “The Wage Act Amendments: Bringing Clarity to Treble Damages,” Boston Bar Journal (Sep./Oct. 2008).

Brousseau, J., “Discovery Tips in Employment Litigation,” an article for the MCLE Publication Employment Law Conference 2007 (December 2007).

Kimball, N., “Taxing Emotional Distress Damages is Declared Unconstitutional,” MBA Section Review (2007).

Brousseau, J. and Montgomery, C., “What if my client doesn’t want a trial?” an article for the MCLE Publication Where to File Your Employment Case: Comparing Jurisdictions (May 2006).

Kimball, N., “Employees and Employers Beware: The Perils of Email” (rev. 2006).

Kimball, N., “Checklist for Settlement Agreements,” published in MCLE Employment Law Conference (Dec. 2005).

Kimball, N., Brousseau, J., and Michon, K., “Employment Law 101,” a chapter in Aspatore Books’ Winning Legal Strategies in Employment Law (Winter 2005).

Brousseau, J., “The Effects of Goodridge: Employment Law Tips,” a submission for the Boston Bar Association’s Continuing Legal Education Program publication Recent SJC Decisions: How They Affect Employment Law (September 2004).

Kimball, N., “Employment Benefits for Same-Sex Couples,” published in materials for BBA Program on Legal Issues Surrounding Marriage for Gay and Lesbian Couples, May 2004.

Brousseau, J., “Labor and Employment Tips and Traps,” a submission for the Boston Bar Association’s Continuing Legal Education Program publication Legal Issues Surrounding Marriage for Gay and Lesbian Couples (May 2004).

Brousseau, J., “Trial Practice Tips: When Trial Preparation Really Begins,” a submission for the Massachusetts Bar Association’s Continuing Legal Education Program publication Jury Trials in Employment Discrimination Cases: Techniques for Success (May 2004).

Brousseau, J., “Sample Proposed Jury Instructions (A Plaintiff’s Perspective),” a submission for the Massachusetts Bar Association’s Continuing Legal Education Program publication Jury Trials in Employment Discrimination Cases: Techniques for Success (May 2004).

Brousseau, J., “Employment Law – NO IT IS NOT A FAD,” article in the MBA publication The Lawyer as Employer: How To Anticipate and Deal With Employment Law Issues In Your Office (June 1999).

Brousseau, J., “Top Ten (Plus) Management Practice/Mistakes (Complainant’s Counsel’s Point of View),” an article in the MCLE publication Employment Law Conference ‘98 (1998).

Brousseau, J., “Employment Laws: Protection For The ‘Worker’ And Potential Liability For The ‘Employer’” an article in the MBA publication The Contingent Workforce – Emerging Legal Issues (May 1997).

Kimball, N., author of Parts V, VI, VII & VIII of  Massachusetts Employment Case Law Update published in MBA 17th Annual Labor & Employment Law Spring Conference materials (May 1996).

Brousseau, J., “Common Law Employment Tort Claims/Privacy/Drug Testing,” an article in the MCLE publication Labor and Employment Basics ‘95 (September 1995).

Kimball, N. & Shilepsky, N., “Violence in the Workplace: Possible Theories of Liability,”

published in MBA 16th Annual Labor & Employment Law Spring Conference (May 1995).

Kimball, N. & Shilepsky, N., “Checklist of Claims For Challenging Improper Investigation of Employee Complaints,” published by MCLE in November 1994.

Co-authored two amicus briefs to United States Supreme Court on the reproductive rights of minors in Webster v. Reproductive Health Services, 492 U.S. 490 (1989) and Hodgson v. Minnesota, 497 U.S. 417 (1990).