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 Partner Recognized as a Top Women of Law Honoree for 2022

  Murphy, Hesse, Toomey & Lehane, LLP is proud to announce that Attorney Kathryn Murphy, a Partner at the firm, has been selected as a Top Women of Law 2022 honoree by Massachusetts Lawyers Weekly. The honorees are selected based upon their “ significant contributions to the legal profession while also serving as role models for women entering the law.” Ms. Murphy is the first attorney at the firm to receive this prestigious honor. She has been practicing law at Read More

Legal Updates

NEW LEGISLATION ADDRESSING BARRIERS TO CARE FOR MENTAL HEALTH HAS IMPACTS ON PUBLIC SCHOOLS

On August 10, 2022, Chapter 177 of Acts of 2022, “An Act Addressing Barriers to Care for Mental Health” was signed by Governor Baker. For public schools, it has impacts on student discipline, special education services, and emergency response plans. The bill goes into effect on November 8, 2022. Set forth below are summaries of the new law’s impact in the identified areas.

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