Overview
D.J. Murphy’s practice focuses on complex commercial and class action litigation. He represents clients in state and federal courts and has defended a variety of clients in securities class actions, shareholder litigation, M&A disputes, qui tam lawsuits including under the False Claims Act (FCA), contract disputes, and unfair competition and consumer fraud matters.
His experience includes representing companies, directors, officers, and other individuals in high-stakes government investigations and enforcement proceedings before the Securities and Exchange Commission (SEC), Department of Justice (DOJ), and other regulatory agencies and authorities. D.J. also regularly represents companies, their audit committees, and other similar committees in internal investigations.
Experienced Representation of Clients Through All Phases of Disputes
D.J. has managed all aspects of litigation from successfully negotiating pre-lawsuit and pre-arbitration resolutions to obtaining defense verdicts at trial. His experience extends to all aspects of litigation, including pleading attacks, discovery and related motion practice, class certification and summary judgment motions, and trial. He has represented clients in many industries, including banking, technology, fintech, artificial intelligence, crypto, retail, and consumer products, among others.
His representative experience includes (1) achieving a complete defense verdict in a bench trial for a retail client in a shareholder derivative suit; (2) securing a dismissal from a securities class action for two former members of the Board of Directors of a technology company, including the former Chair of the Audit Committee; (3) successfully representing a venture capital firm in a complex breach of contract dispute with one of its former managing directors, involving, among other issues, the amount of carried interest owed; and (4) representing technology companies and their executives in a variety of SEC investigations related to insider trading, revenue recognition issues, and inventory issues, among others.
Demonstrated Leadership and Pro Bono Service
D.J. is a member of the Association of Business Trial Lawyers-Northern California chapter (including as a former member of the Leadership Development Committee) and a member of the Bar Association of San Francisco.
D.J. maintains an active pro bono practice, including previously representing clients in asylum proceedings and veterans seeking relief before the Army Discharge Review Board.
Before joining Bergeson, LLP, D.J. practiced at multiple international law firms in the Bay Area.
Representative Matters
- Achieved complete defense verdict in California state court bench trial for retail client accused of aiding and abetting breach of fiduciary duties during M&A deal in shareholder derivative suit.
- Secured dismissal from securities class action for two former members of Board of Directors of technology company, including former Chair of Audit Committee, and defended them as third parties in related SEC enforcement action.
- Defended technology company and certain executives in SEC investigation following Audit Committee investigation and restatement of company financials that favorably resolved after years-long investigation by SEC.
- Obtained complete dismissal of 33-count lawsuit in federal court alleging violations of Commodity Exchange Act, RICO, and various California statutory and common law claims against cryptocurrency derivatives trading platform.
- Successfully represented technology company in SEC investigation related to potential insider trading; investigation ended without SEC pursuing matter further.
- Successfully represented venture capital firm in complex breach of contract dispute with former managing director, involving, among other issues, carried interest owed.
- Secured complete dismissal of California insurance fraud qui tam suit for consumer product client with dismissal affirmed on appeal.
- Successfully dismissed on forum non conveniens grounds series of California state court actions alleging fraud against foreign cryptocurrency derivatives trading platform.
Professional Involvement
- Association of Business Trial Lawyers (ABTL), Northern California Chapter
- The Bar Association of San Francisco (BASF)