Kevin M. Murphy

Practices

• Business Law and Commercial Litigation
• Construction Law
• Estate and Trust Litigation
• Professional Liability
• Government Investigations And Enforcement

About

Kevin Murphy has earned a reputation as an effective advocate, counselor, and litigator. Kevin concentrates his practice in the areas of commercial litigation, estate and trust disputes, construction litigation and professional liability defense, especially the defense of accountants, lawyers, architects, brokers and fiduciaries. He has over four decades of experience in trial and appellate courts, and in arbitrations and mediations. In addition, Kevin has represented numerous clients in governmental and congressional investigations. Kevin also counsels many clients on business and risk management issues, and drafts and negotiates contracts. His clients include corporations, corporate fiduciaries, beneficiaries and legatees, financial institutions, accounting firms, law firms, architects, contractors, and developers. Kevin previously served for 10 years as Carr Maloney’s managing partner.

Kevin has been the lead attorney in many reported court decisions – several setting important legal precedents. Examples include:

• Stewart v. Wilmington Tr. SP Servs., 112 A.3d 271 (Del. Ch. 2015) (affirmed on appeal)
• Derringer v. Emerson, 729 F. Supp. 2d 286 (D.D.C. 2010)
• Bank of Am. v. Musselman, 240 F. Supp. 2d 547 (E.D. Va. 2003)
• Kelly v. McCarrick, 155 Md. App. 82, 841 A.2d 869 (2004)
• Doe v. Maskell, 342 Md. 684, 679 A.2d 1087 (1996)
• Murphy v. Merzbacher, 346 Md. 525, 697 A.2d 861 (1997)
• Haltiwanger v. Unisys Corp., 949 F. Supp. 898 (D.D.C. 1996)
• Beard v. Goodyear Tire & Rubber Co., 587 A.2d 195 (D.C. 1991)
• Travelers Indem. Co. v. Ins. Co. of N. Am., 69 Md. App. 664, 519 A.2d 760 (1987)

Representative Experience

• Defended auditors who were sued by a private equity firm that purchased a large group medical practice.
• Defended a trustee and foundation director against claims to reform the trust.
• Defended a general contractor in a large construction defect claim regarding water intrusion problems in a new condominium building.
• Defended an architect against allegations of design defects in a multi-million dollar residence.
• Represented a trust and estate beneficiary in a lengthy trial asserting undue influence and related claims against the defendant.
• Defended a power saw manufacturer and national retailer in a complex product liability suit.
• Defended auditors of a hedge fund and a registered investment advisor against complex malpractice and related claims.
• Defended an attorney in litigation arising out of settlements of asbestos, personal injury claims.
• Represented an accountant for a lobbyist in a high-profile congressional investigation.
• Represented an accounting firm in a PCAOB investigation related to audits of public companies.
• Defended a contractor in claims alleging construction defects in the fire suppression system of a shopping center that was destroyed by fire.

Education

Catholic University of America, Columbus School of Law
J.D.

University of Notre Dame
B.B.A.

Recognition

• Kevin is a Fellow of the American College of Trial Lawyers, an honor extended to less than one percent of the bar. The organization recognizes trial attorneys for mastering the art of advocacy while also maintaining the highest standards of ethical conduct, professionalism, and civility.
• Martindale-Hubbell® has given Kevin its AV Preeminent® rating, earned by attorneys at the highest level of professional excellence.
• Recognized in Best Lawyers in America in the area of Trust and Estates, 2013-20224

Publications

•  The Dangers of Dabbling,” Journal of Accountancy, Nov. 2015.
• “Are You Liable for Defective Designs?,” Construction Today, Sept./Oct. 2013.
• “A Survey of Liability ‘Hot Spots’ for CPAs,” ABA Professionals’, Officers’ and Directors’ Liability Committee News, Fall 2009.
• “Trust Wars—Clashes between Trustees and Beneficiaries, Maryland Bar Journal, Sept. 2009.
• “You’ve Been Served: A Guide for Accountants,” Law 360, Aug. 7, 2009.
• “Seven Defense Steps to Avoiding Accounting Malpractice Claim,” CPA Magazine, June 1, 2009.
• “Avoiding Accountant Liability for Retirement Plan ‘Administrative’ Services,” AICPA Insurance Programs E-Newsletter, Feb. 6, 2009.
• “401(k) Plan Participants May Now Sue for Administrative Errors—Supreme Court’s Decision Changes Employee Rights,” Carr Maloney’s CNA Insurance Alert, 2008.

Speaking Engagements

• “Risk Reduction and Transfer by Architects, Owners and Contractors,” Perrin Conferences’ First Annual National Construction Defect Conference, November 2015.
• “Will Contests in the District of Columbia, Maryland, and Virginia,” District of Columbia Bar Association, 2012, 2013, 2014
• “Trusts: Legal Insights into the Risks and Options for CPAs re: Trust Planning and Serving as a Trustee,” Greater Washington Society of CPAs, November 2010
• “Avoiding Lawsuits: What Accounting Firms Should Know,” Greater Washington Society of CPAs, March 2010

Admissions

States
District of Columbia
Maryland

U.S. District Courts
District of Columbia
District of Maryland

U.S. Court of Appeals
District of Columbia Circuit
Fourth Circuit

Affiliations

• American College of Trial Lawyers, Fellow
• The Barristers (Washington, DC)
• Bar Association of the District of Columbia
• DC Bar Association
• Maryland State Bar Association
• The Counsellors (Washington, DC), President, 2007–2008