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Murphy, Hesse, Toomey & Lehane Attorneys Successfully Quashed Subpoena for the Deposition of an Investigating Attorney in the US District Court of Massachusetts

 

 

Recently, MHTL attorneys, Kier Wachterhauser and Kevin Freytag, successfully quashed the deposition of an investigating attorney in the U.S. District Court for the District of Massachusetts in ongoing employment-related litigation.  Given the fact-gathering nature of investigative work, it is not uncommon for attorneys who conduct workplace investigations and internal reviews to be the subject of discovery inquiries in litigation.  Nevertheless, the attorney client privilege is not automatically waived.   Courts will generally look at the nature of the investigation, the nature of the underlying legal representation, the purpose and need for the underlying discovery inquiry, and the course of discovery to date in assessing whether depositions or similar discovery should be allowed.  Careful thought should be given to how investigative reports are presented and to whom, as well as the nature of communications surrounding investigations and how the material is subsequently used.  Working with experienced legal counsel is a must.

 

Murphy, Hesse, Toomey & Lehane LLP is also known throughout New England for its labor and employment practice as well as its extensive business litigation and advising employers on internal reviews and strategic legal approaches when dealing with the government. The firm also has an extensive education law practice representing public, private, and nonprofit educational institutions from pre-K through the college and university level.

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Murphy, Hesse, Toomey & Lehane, LLP Presents in Collaboration with Cape Cod Human Resources Association

    Murphy, Hesse, Toomey & Lehane, LLP Partners presented their Labor & Employment Law Update in collaboration with the Cape Cod Human Resources Association. Attorney Nan ONeill presented the first segment titled “Creating Your Tool Kit for Meeting Reasonable Accommodation Obligations”, where she examined reasonable accommodation obligations applicable in the current health crises, including the global pandemic and opioid misuse, and outlined steps to create your own toolkit. Attorney Kier Wachterhauser presented a 2020-2021 Case Law Update, followed by Read More

Legal Updates

The American Rescue Plan Act’s Aid Allocations to State, Local Governments, and Schools

On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) which provides for a $1.9 trillion economic stimulus package. State and local governments, and also many educational entities, will receive substantial funding. Having endured the last year of the global COVID-19 pandemic, both states and local governments, as well as schools, have experienced unexpected expenses, losses in revenues, and budgetary burdens. The purpose of this Client Alert is to explain generally how funds from the ARPA relief aid have been designated to alleviate those COVID-19-related challenges.

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