News

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.

Latest News

Murphy, Hesse, Toomey & Lehane, LLP Partners Present for MassLeague’s 2022 Community Health Institute

  The Massachusetts League of Community Health Centers held their Annual Community Health Institute (“CHI”) in North Falmouth earlier this month. Attorneys Kier Wachterhauser and Nan ONeill, both partners at Murphy, Hesse, Toomey & Lehane, LLP, presented “COVID-19 Now and Later – Navigating the COVID-Related Issues of Today and Preparing for the Changed Workplace of Tomorrow”. They began their presentation with discussing the American Rescue Plan Act (“ARPA”), which was followed by the topic “ARPA: COBRA Premium Coverage”. During the Read More

Legal Updates

The World Needs to Act

  MHTL supports the international effort to help Ukraine and bring an end to the political and humanitarian crisis that is unfolding.   Too long has the world, and this country also, allowed bad actors to use the weapons of war, including the threat of nuclear war, to achieve immoral and illegal ends.  Ending the crisis in Ukraine is not enough.  The world needs a solution, short of violence and war, to make sure that bad actors and those who Read More

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