Kevin Murphy is a partner in the New York office of Frommer Lawrence & Haug LLP. He is an experienced civil litigator and trial attorney specializing in trade secret and pharmaceutical matters. Mr. Murphy began his career as a prosecutor at the Manhattan District Attorney’s Office. There, he prosecuted hundreds of cases involving a wide variety of crimes. Mr. Murphy tried 18 of those cases. Thirteen were in front of juries. All resulted in conviction of the defendants.
In 1998, Mr. Murphy joined the law firm of Lowenstein Sandler PC in Roseland, New Jersey. There, he litigated and tried commercial cases on the trial and appellate level, including managing the defense of a large multi-district litigation involving latex allergy claims. Mr. Murphy was instrumental in devising the scientific defenses for those cases, and otherwise preparing the cases for trial.
In 2001, Mr. Murphy joined Frommer Lawrence & Haug LLP. Since joining FLH, he has litigated and tried numerous cases for generic pharmaceutical and semiconductor companies. In 2004, Mr. Murphy was one of the lead attorneys representing Tokyo Electron Limited in an action against Discreet Industries Corporation for misapporiation of Tokyo Electron's trade secrets. The jury awarded $9.9 million for Tokyo Electron. The verdict and award were upheld on appeal. Since 2004, Mr. Murphy also successfully defended a prominent nutraceuticals manufacturer from allegations of trade secret misappropriation and breach of contract.
Mr. Murphy also frequently handles patent matters, and has prepared and argued at numerous Markman hearings, resulting in claim constructions which led to favorable settlements and advantage at trial. In 2006, Mr. Murphy served as the lead trial and appellate counsel involving a patent covering a multi-billion dollar anti-diabetic drug. Since then, Mr. Murphy has served as the lead litigator for generic pharmaceutical companies, putting sufficient pressure on the brand companies to settle, thereby favorably enhancing the generic’s strategic position in the market.
Mr. Murphy has also been extensively involved in the legal ramifications of China’s emergence on the world scene and, in fact, ranks himself an intermediate Mandarin speaker. Recently, Mr. Murphy successfully completed a Mandarin language immersion program at Shanghai’s Fudan University, one of the top universities in China. In 2000, Mr. Murphy participated in a series of round-table discussions in Beijing and Xian with China’s top judges and attorneys on the development of criminal law in the United States and China.
Mr. Murphy is a frequent lecturer on jury trials and pharmaceutical litigation.