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 Receives Favorable Decision for Town of Dracut

  On April 11, 2023, MHTL Attorneys Peter Mello and Madison Harris-Parks represented the Town of Dracut, and successfully obtained a preliminary injunction order requiring, among other things, that the Defendant homeowners cease renting out their pool to the public. The case, Town of Dracut by and Through Its Building Inspector vs. Nason, Gilbert et al., was initiated by the Town after the Defendants failed to comply with the Town’s associated underlying zoning enforcement order. The Town requested the injunction Read More

Legal Updates

EXTENSION OF MUNICIPAL RELIEF MEASURES - INCLUDING OPEN MEETING LAW REMOTE OPTION - SIGNED BY THE GOVERNOR

The option for public bodies in the Commonwealth of Massachusetts to hold public meetings remotely or in a hybrid fashion, which came into play at the onset of the COVID-19 pandemic, has been extended by the General Court for another two years, until March 31, 2025. The Governor signed the legislation, which will be codified at Chapter 2 of the Acts of 2023, on March 29, 2023. Because of the inclusion of an emergency preamble, the law goes into effect immediately.

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