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

The Passing of a Giant of a Lawyer, Michael C. Lehane

  Murphy, Hesse, Toomey & Lehane, LLP is deeply saddened to announce that one of the founding partners of the firm, Michael C. Lehane, passed away on January 11, 2021. Mr. Lehane was a giant of a lawyer, an incredible mentor and friend to all who worked with him. He was highly respected by his colleagues, whether it be his fellow partners, judges, clients or friends.  Renowned for his quick wit and intelligence, grace under pressure, sense of humor and Read More

Legal Updates

Unpacking the Federal Stimulus Package’s Direct Payments, Enhanced Unemployment Payments, and FFCRA Leave Extension

There has been a great deal of discussion in the news lately about the latest Congressional stimulus package, which was ultimately signed by President Trump on Sunday, December 27, 2020, following his initial pushback. The stimulus package, officially known as the Consolidated Appropriations Act of 2021 (the “Stimulus”), is a behemoth piece of legislation that consists of nearly 5,600 pages, covering a broad array of appropriation matters.

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