CAIN HIBBARD & MYERS PC - Key Persons
Job Titles:
- Partner
- Founding Co - Editor of the International Publication Gaming Law Review
Dennis has over two decades of experience in various facets of litigation, with special expertise in coordinating and handling complex litigation involving multiple plaintiffs or defendants. Dennis has tried cases in federal and state courts in Massachusetts, New York, Pennsylvania and New Jersey. He regularly tries cases in the Probate Court in Western Massachusetts, as well as being a regular at the Land Court and Superior Court. His clients include several local and regional businesses, to whom he not only provides his litigation expertise, but also general counseling in all aspects of the law.
Dennis is a founding co-editor of the international publication Gaming Law Review, in which he has published a number of articles on gaming law and regulation. He has also appeared at several gaming law conferences and has guest-lectured at the Cornell University School of Hotel Administration.
Diane is an experienced trial lawyer and is chair of the firm's litigation department. Inside or outside a courtroom, whether advising an employer on workplace issues or helping a family in the process of separation, Diane is fully committed to advancing the interests of her clients. She regularly educates and defends businesses in employment discrimination complaints statewide before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunities Commission. A passionate advocate, she takes time to understand the needs of each client and design individualized, flexible strategies to meet those needs. Diane also works as a trained mediator in the area of family law to help couples in transition from marriage to divorce by using a cooperative approach that empowers individuals to reach a fair resolution with dignity and respect.
Elisabeth has more than thirty years of experience representing businesses and individuals in Massachusetts. She has special expertise in real estate, zoning and environmental law. Her clients include developers with innovative building re-use projects, homeowners who have organized into special governmental districts, emerging and start-up corporations, nonprofit organizations, and environmental engineering firms. She reviews and advises on complex transactions, including public financing and large-scale public construction projects. She is an energetic advocate and an experienced negotiator.
Jeff is a seasoned litigator, trial lawyer, and strategic counselor. For over fifteen years, he has guided medical and legal professionals, businesses, municipalities, and non-profit organizations through complex civil litigation, agency proceedings, risk management challenges, and regulatory minefields. Whether in the courtroom or the conference room, Jeff is an attentive, creative, solutions-oriented advocate who understands client needs.
Jeff returned to Cain Hibbard after twelve years as an associate and partner of a regional, Boston-based firm where the bulk of his practice was defending medical and legal malpractice cases through trial and appeal, and representing professionals in licensing and disciplinary matters. Jeff has also defended employment discrimination claims on behalf of both secular and religious employers; litigated commercial disputes; and guided clients under investigation by state and federal agencies. Throughout his career, Jeff has counseled health care organizations in HIPAA, Stark, and other areas of regulatory compliance.
Jeff earned his B.A from Bradford College and his J.D. from Western New England University School of Law, where he was Senior Note Editor of the Western New England Law Review, and later served on its Advisory Committee. He enjoys running, hiking, reading, writing, and exploring the world with his spouse, Andrea, and their two children.
Job Titles:
- Partner
- Member of the Firm
Jennifer, a native of the Berkshires, is a talented and well respected lawyer. She was awarded her law degree from the University Of Maine School Of Law, where she was the recipient of the Maine Association for Public Interest Law (MAPIL) Fellowship. Upon graduation, Jennifer returned to the Berkshires where she began her career as a litigator, working primarily in the areas of insurance and medical malpractice defense, domestic relations, and complex business litigation.
Since joining Cain Hibbard, Jennifer has concentrated her practice in healthcare litigation, guardianship/conservatorship and employment matters. She is an experienced litigator, responsible for cases in both state and federal courts. Jennifer brings expertise, experience and compassion to all of her work and has become a leading expert in guardianship law, an area of special importance in our community.
Jennifer is a member of the firm's employment and health care groups.
In the community, Jennifer is on the Board of Directors of the Massachusetts Guardianship Association (MGA). In addition, she serves on the Board of Directors of the Gladys Allen Brigham Community Center as well as Goodwill Industries of the Berkshires and Southern Vermont, Inc. She has a passion for health and wellness and is an avid sports fan. Jennifer resides in Lenox with her husband, Rick, and their children, Lexi and Miles.
Lucy is the managing partner of the firm and chair of its health law, and its intellectual property, technology and Internet law groups. She counsels clients on a wide variety of business and intellectual property issues. Much of Lucy's practice is devoted to advising clients in the fields of health law, nonprofit, and general business law. Her clients include artists and writers, manufacturers, emerging technology companies, non-profit organizations, and health care providers. Lucy is also an experienced litigator, handling complex commercial and employment cases in both state and federal courts in Massachusetts and New York.
Lucy is active in the Southern Berkshire community. She serves as the Chair of the 8 Town Regional School District Planning Board, a public body studying the educational and financial feasibility of the merger of the Southern Berkshire Regional School District and the Berkshire Hills Regional School District. She is a member of the Council of the Mahaiwe Performing Arts Center and a member of its Education Committee, and she is the past Chair of the Board of Directors of the Literacy Network of South Berkshire, on whose board she served for 10 years. Under the auspices of Berkshire United Way, Lucy launched an early childhood literacy initiative in southern Berkshire County known as "Chapter One, Our Towns, Our Kids, Our Future," whose stated goal is closing the achievement gap for children entering kindergarten. A strong advocate for equal opportunity, Lucy received the 2015 "Woman of Achievement" award from the Berkshire Business and Professional Woman organization for her significant career accomplishments and exceptional commitment to the community, and was profiled as an influential "Woman in Business" by 1Berkshire in 2018. She served for over 20 years as town counsel to the Town of Alford, where she lives with her husband.
Susan Herman is a graduate of the University of California at Berkeley and the University of Maine School of Law. She has over forty years of trial and appellate experience in both the public and private sector. After law school, she joined the Maine Office of the Attorney General where she advised state agencies and represented the State of Maine in state and federal court on a variety of civil matters, including unemployment claims, wage and hour law claims, severance pay claims, tort claims, and workers' compensation matters. After five years in the Attorney General's Office, Susan joined a small Maine firm where her practice included corporate matters, domestic relations, civil litigation and employment matters. She became a partner in the firm in 1996.
In 2000, after fifteen years in private practice, Susan returned to the Office of the Attorney General, joining the litigation division, focusing on employment and discrimination matters. She appeared in federal court, state court and before administrative agencies such as the federal Equal Employment Opportunity Commission, the Maine Human Rights Commission and the federal Office of Civil Rights. Susan regularly made presentations on the topics of workplace harassment, the Americans with Disabilities Act, personnel investigations, and state and federal laws related to employment and discrimination issues.
Susan has served on the Maine Fee Arbitration Commission of Board of Overseers of the Bar, including a term as Panel Chair. She also served as the designee of the Attorney General to the Maine Supreme Judicial Court Advisory Committee on the Maine Rules of Civil Procedure, and as Attorney General designee to the Local Rules Committee of the United States District Court for the District of Maine. Susan also served on the Board of Governors of the Maine State Bar Association as the public service sector member-at-large.
In 2015, Susan was named as Division Chief for the Civil Litigation Division of the Office, which handles constitutional challenges to state laws and rules, civil rights cases, tort claims, civil appeals, amicus and multi-state litigation. While Division Chief, Susan handled complex civil litigation and was responsible for overseeing the work of the 23-member Litigation Division.
In 2019, the Attorney General named Susan as Chief Deputy for the Office, where she handled the management of the day-to day operations of the over 200-person Office of the Attorney General. As Chief Deputy, Susan worked closely with the Attorney General on high priority and sensitive matters relating to client state agencies, the Governor's Office, the Legislature, and members of the public. She also handled and oversaw requests for the issuance of official opinions of the Attorney General. As Chief Deputy, she was the primary attorney responsible for multi -state impact litigation and comment letters in matters involving immigration, reproductive rights, healthcare, and election issues, including high profile cases related to DACA (Deferred Action for Childhood Arrivals), the ACA (Affordable Care Act), the census, and reproductive rights. During her last year, Susan was primarily responsible for implementing policies and protocols relating to the pandemic for the Office of the Attorney General.
In February of 2023, Maine's Governor, Janet T. Mills, nominated Susan to serve as a member of Maine's Civil Service Appeals Board. This Board considers grievances of Maine state employees who are not covered by collective bargaining, holds hearings, and issues final decisions. Susan's nomination was confirmed by the Maine Senate, and the Governor appointed her as Chair of the Board.
Susan is active in municipal affairs, and has served on her local Select Board, School Board, Board of Appeals, Governance Committee, and Ordinance Review Committee. She enjoys puttering, gardening, and projects on the farm where, with her husband, she raised her three now grown sons and enjoys spending time with her expanding family which includes four grandchildren.
Syd Smithers has more than 50 years of experience in representing buyers, sellers, landlords, lenders and developers of real estate throughout Massachusetts. With his counsel, Syd's clients have developed major single family home and condominium projects as well as commercial, warehousing, shopping center and special purpose buildings, such as hotels and resorts. One of 32 Massachusetts members of the prestigious American College of Real Estate Lawyers, and the only member from Berkshire County, Syd maintains a high level of professional education and contact with prominent real estate practitioners nationwide. Syd regularly served as an expert witness in real estate title, easement and roadway cases. Syd was the Editor-in-Chief of Crocker's Notes on Common Forms Forms 10th Ed., MCLE 2013. Syd maintains the highest "AV" Martindale-Hubbell rating from his professional peers.
Vicki represents businesses and individuals in the purchase and sale of businesses, commercial financing (including tax-exempt bonds and historic tax credit financing), corporate governance, and general business counseling. She also has an active residential and commercial real estate practice, which includes zoning analysis and permitting, environmental law, commercial real estate development, and tax abatements and tax appeals. She represents property owners respecting leases and power purchase agreements for large scale solar installations. Vicki also advises a number of nonprofit organizations on a variety of issues.