- Criminal DefenseThe firm’s highly-regarded litigation practice is accomplished and experienced in representing clients in complex civil, commercial and criminal matters at all levels of the state, federal courts and administrative bodies.
- Drug CrimesOn January 4, 2018, Attorney General Jefferson Sessions issued a memorandum rescinding several Obama-era policies that discouraged federal prosecutors from pursuing marijuana possession and distribution cases in marijuana legalization states like Massachusetts. The Obama-era policies were backed by a Congressional budget rider that bars the Department of Justice from spending its money prosecuting state backed medical marijuana operations. The amendment will expire later this month, and it is unclear whether Congress will renew it given the Trump administration’s current priorities.
- ForgeryIn a recent decision, Nichols v. Chief of Police of Natick, the Massachusetts Appeals Court (“Court”) ruled in favor of MHTL’s client, concluding that the Superior Court improperly vacated a determination by the Natick Chief of Police that an applicant was unsuitable for a license to carry firearms (“LTC”). David DeLuca, a Partner at MHTL, handled the case in each court. The applicant had an extensive history of prescription drug abuse, fraud, and forgery
- Corporate LawAttorneys Kathryn Murphy and Andrew Waugh, both Partners at Murphy, Hesse, Toomey & Lehane, LLP, were selected for Boston Magazine’s inaugural list of the 1,099 Best Lawyers in the Region. This list references lawyers practicing anywhere from corporate law...
- Mergers and AcquisitionsMurphy, 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.
- Business DisputesOur reasonable rates combined with our extensive experience in non-profit business law, employment and benefits law, and governmental law ensures that our non-profit clients receive the best possible representation designed to further the successes of their organizations. We do well for those who do good.
- Business Transactions
- Trade Secrets
- Intellectual PropertyMr. 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
- Wrongful TerminationNan is a partner in the law firm of Murphy, Hesse, Toomey & Lehane, LLP with 30 years of experience counseling and representing employers in all aspects of employment and traditional labor law. Nan has extensive experience in the litigation of employment-related disputes, including discrimination, reasonable accommodation, sexual harassment and wrongful termination matters, before state and federal courts and administrative agencies such as the Massachusetts Commission Against Discrimination, having litigated approximately 30 cases in Massachusetts courts and the MCAD. As Read More
- Employment DiscriminationThe firm has represented public sector employers in administrative proceedings before the MCAD, Civil Service Commission, Massachusetts Board of Conciliation and Arbitration, EEOC, U.S. Department of Labor, and other administrative agencies concerned with administering and overseeing the labor laws and the employment relationship. Moreover, this firm has substantial and extensive experience in litigation under the Americans with Disabilities Act, Age Discrimination in Employment Act, the Rehabilitation Act of 1973 and numerous other statutory enactments which affect upon the workforce.
- Employment ContractThe firm counsels employers in all phases of the individual employment relationship including hiring, promotion, severance and retirement. The firm structures, negotiates and enforces employment contracts and related covenants that pertain to executive level and other specific positions in an organization.
- Employment LitigationThrough many years of providing counsel to governmental entities, the firm understands not only the range of labor relations and employment issues they must address, but also the economic issues which today are more pressing than ever. By combining the personalized attention and economy of a solo practitioner with the expertise and depth of resources of a major law firm, we provide the highest caliber of legal representation and responsiveness, utilizing a broad base of experience, legal resources and advanced technology to ensure that our clients are served as efficiently and cost-effectively as possible.
- Non-compete AgreementOn July 31, 2018, the Massachusetts Legislature passed long-debated legislation aimed at reforming the law surrounding non-competition agreements. Non-competition agreements are commonly used to restrict competition following the ending of the employment relationship. If signed by the Governor in its present form, the law would go into effect October 1, 2018 and significantly alter the landscape related to non-compete agreements for employers and employees in Massachusetts.
- Severance AgreementOn February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision significantly limiting the use of general confidentiality and non-disparagement clauses in severance and similar agreements with employees. The Board, in McLaren Macomb, 372 N.L.R.B. No. 58, found that an employer violated Section 8(a)(1) of the National Labor Relations Act (“NLRA” or “Act”) when it offered severance agreements to employees that contained broad non-disparagement and confidentiality provisions. In doing so, the NLRB overruled two 2020 decisions that had afforded employers greater leeway with the drafting, use, and offering of similar agreements. read more
- Sexual HarassmentOn February 28, 2018, the Justice Department’s Civil Rights Division announced an initiative to eradicate sexual harassment in the public sector workplace: the Sexual Harassment in the Workplace Initiative (SHWI). The U.S. DOJ enforces Title VII of the Civil Rights Act of 1964 against state and local government employers. Title VII prohibits discrimination on the basis of race, color, national origin, sex, and religion; sexual harassment is a form of sex discrimination.
- Real Estate LitigationFormerly 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
- Construction LitigationKevin 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
- Real Estate Transactions
- Eminent DomainMr. Flynn has served as Town Counsel for thirty years to the Town of Natick, and has served as Town Counsel to the Town of Milton for twenty-two years. He represents these towns in all phases of municipal law including litigation, environmental matters, zoning, personnel issues, contracts, licensing, eminent domain, and the entire spectrum of town meeting issues. Mr. Flynn also has provided general counsel and special counsel services for over twenty years to many towns and school committees for Read More
- Land Use and ZoningMr. Mello is a partner at MHTL and focuses his practice in municipal law and general civil litigation, including in the areas of construction, land use and zoning, wetlands and school law, among others. He has advised private clients and governmental entities alike regarding myriad and diverse issues, including employment, energy-related issues, licensing, procurement, public records, meeting procedures, conflict of interest, and many others. He practices routinely before state and federal courts and state agencies in Massachusetts and has written and presented extensively on wetlands, construction and labor issues for organizations such as REBA, the Massachusetts School Building Authority, the Massachusetts Municipal Lawyers Association and the Massachusetts Bar Association. Mr. Mello earned his B.A. in Politics, with a Certificate in Legal Studies from Brandeis University and is a graduate of Boston University School of Law.
- Citizenship and Naturalization
- Green Cards
- Work VisasTemporary employment visas for foreign nationals, primarily relating to the employment of nurses (H-1A visas), speciality occupation workers (H-1B visas) and Canadian professionals and business persons (TN visas), as well visas for foreign traders or investors (E visas), exchange program participants (J visas), business visitor or tourist (B-1/B-2 visas) and intracompany transferees (L-1 visas)
- Personal InjuryFormerly an Assistant District Attorney with the Suffolk County District Attorney’s Office, Mr. DeLuca handles a full spectrum of tort, contract, land use and workers’ compensation litigation matters. He is experienced in all phases of state and federal trial and appellate court advocacy, having handled administrative law judge, bench and jury trials including personal injury, product liability, domestic litigation, zoning and tax disputes, insurance litigation, workers’ compensation claims and civil rights violations. Mr. DeLuca advises building inspectors and planning directors Read More
- Disability DiscriminationDisability discrimination claims are on the rise. Early recognition of the need to provide a reasonable accommodation to an employee because of his or her disability can help employers avoid costly litigation. State and federal disability laws set forth a myriad of legal hurdles – prohibiting employers from asking certain questions and disallowing medical examinations in many instances. With training, however, employers can learn how to obtain the maximum permissible amount of information about an individual’s alleged disability, and how to make informed decisions about a requested accommodation.
- Estate PlanningThe firm’s trusts and estates group provides a comprehensive range of legal services to assist our clients in the management of their assets and estates, including estate planning, tax consultation and business succession planning. We work closely with our clients to understand their specific needs and objectives and draft individualized documents, including wills trusts, healthcare proxies and power of attorneys, designed to meet their objectives and minimize or avoid taxes and expenses. We counsel our high net worth clients in sophisticated estate planning practices utilizing established and approved methods of minimizing estate taxes including, irrevocable life insurance trusts, charitable lead and remainder trusts, qualified personal residence trusts, grantor retained income and annuity trusts, dynasty trusts, family limited partnerships, family foundations and planned gifting programs. We also draft specialized trust documents to address the needs of individuals with disabilities or to preserve the estate assets in the event of prolonged illness or incapacity. READ MORE
- Wills
- TrustsThe firm’s trusts and estates group provides a comprehensive range of legal services to assist our clients in the management of their assets and estates, including estate planning, tax consultation and business succession planning. We work closely with our clients to understand their specific needs and objectives and draft individualized documents, including wills trusts, healthcare proxies and power of attorneys, designed to meet their objectives and minimize or avoid taxes and expenses. We counsel our high net worth clients in sophisticated estate planning practices utilizing established and approved methods of minimizing estate taxes including, irrevocable life insurance trusts, charitable lead and remainder trusts, qualified personal residence trusts, grantor retained income and annuity trusts, dynasty trusts, family limited partnerships, family foundations and planned gifting programs. We also draft specialized trust documents to address the needs of individuals with disabilities or to preserve the estate assets in the event of prolonged illness or incapacity.
- ProbateThe firm offers other probate services including appointments of guardians or conservators, and approval of estate plans for individuals that lack the required legal capacity to execute these documents individually. We can also provide continuing administrative and accounting services for trustees, guardians and conservators. The firm also counsels fiduciaries of all types on their legal obligations including permissible investment practices.
- BankruptcyIn tandem with tax title recovery services, our office is able to provide litigation services in seeking relief from automatic stay in bankruptcy and other bankruptcy litigation services.
- ForeclosureThe firm offers comprehensive and aggressive tax title litigation services, resulting in a precipitous drop in the delinquent real estate tax liability in Massachusetts communities. In addition to the timely filing of Land Court Foreclosure proceedings, our strategies include: Direct and intermediate contact with delinquent taxpayers; Research of lien holder interests; and Securing equitable remedies in the Land Court process.
- Tax LawTax planning for business organizations including formation, operations, financing, liquidations, and transactional tax planning for taxable and tax-free mergers, acquisitions and divestitures;