PRACTICE AREAS
Corporate & Business Transactions
Murphy, Hesse, Toomey & Lehane, LLP’s corporate practice provides transactional services and advice to privately-owned businesses throughout Massachusetts. These businesses can range in size from small start-ups to large middle market companies, including both for-profit and non-profit organizations, and across a number of industries. We regularly advise business owners and executives on a wide range of matters, including business entity selection and formation, corporate governance, contract and lease negotiation, data security, intellectual property rights, debt and equity financing, and mergers and acquisitions. We also advise corporate clients with regard to state and federal tax matters, as well as various commercial real estate matters, including the purchase and sale, leasing, and financing of commercial property.
Corporate:
Our corporate legal services include:
- The selection and creation of appropriate business entities;
- Analysis, negotiation and drafting of all types of contracts;
- The sale, acquisition and merger of businesses and related financing;
- Protection and licensing of proprietary information, intellectual property and trade secrets;
- Executive compensation and benefits;
- Review of company policies and procedures for federal and state regulatory compliance including representation before regulatory agencies;.
- Representing both lenders and borrowers in commercial financial transactions;
- Representing buyers, sellers, developers, lenders and investors in real estate transactions;
- Mediation, arbitration and litigation of commercial disputes.
Tax:
The areas of our practice include:
- Tax planning for business organizations including formation, operations, financing, liquidations, and transactional tax planning for taxable and tax-free mergers, acquisitions and divestitures;
- Compensation planning, including design and administration of tax-qualified pension and profit-sharing plans, ESOP, non-qualified deferred compensation, stock options, and fringe benefits plans;
- Tax planning for tax-exempt organizations, including formation, obtaining and maintaining tax exemption, unrelated business income, transactions with taxable organizations;
- Tax planning for investments in and dispositions of real estate; and
- Federal and State tax planning, including corporate excise tax and estate and gift taxes.
Contact us today if you have questions about Corporate & Business Transactions
Kevin S. Freytag
Attorney
(617) 479-5000 kfreytag@mhtl.comKevin S. Freytag is a member of the firm’s Litigation practice. He assists clients with the resolution of various business disputes in the areas of construction, labor and employment, and real estate and land use matters. He has represented construction companies in contract disputes, bid disputes, bond claims, abandonment claims, Chapter 93A consumer protection claims, mechanic’s liens claims, construction defect claims, indemnity claims, and insurance coverage issues under commercial general liability policies. Mr. Freytag also advises commercial landlords and tenants Read More
Donald L. Graham
Partner
(617) 479-5000 dgraham@mhtl.comMr. Graham is a managing partner with Murphy, Hesse, Toomey & Lehane, LLP and directs the firm’s corporate and commercial law practice areas. Mr. Graham has over thirty-five years experience in corporate organization, commercial contracting, business acquisition and sales, license and royalty agreements, intellectual property protection, commercial financing (bank, private placement and venture), commercial real estate acquisition, sale, leasing and construction, as well as general business counseling and advice. He has served as an arbitrator for the American Arbitration Association Read More
Clifford R. Rhodes
Attorney
crhodes@mhtl.comMr. Rhodes received his bachelor’s degree from the University of Iowa where he was a University Honors Scholar. In 1992, Mr. Rhodes received his. J.D. from the University of Iowa, College of Law graduating with distinction, and serving as a member of the Iowa Law Review. He obtained his MBA from the University of Massachusetts, Amherst, and received his LLM in Taxation, Magna Cum Laude, from the University of Alabama School of Law. He has extensive experience in health care Read More
Peter T. McNulty
Attorney
(617) 479-5000 pmcnulty@mhtl.comFormerly corporate counsel at a large Massachusetts Community Bank, Mr. McNulty’s practice is primarily focused on corporate and financial transactional work. Mr. McNulty handles the full spectrum of corporate and real estate matters and has assisted clients with entity formation, real estate transactions, mergers & acquisitions and investments, as well as commercial and residential acquisitions and dispositions. Additionally, Mr. McNulty represents and advises various financial institutions on a wide range of topics, including corporate governance, compliance, construction and secured lending, Read More
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

Braintree, MA
50 Braintree Hill Office Park, Suite 410,
Braintree, MA 02184
Boston, MA
75-101 Federal Street
Boston, MA 02110
Tel: (617) 479-5000
Tel: (888) 841-4850
Fax: (617) 479-6469
Quincy, MA
Crown Colony Plaza
300 Crown Colony Drive, Suite 410
P.O. Box 9126
Quincy, MA 02169-9126