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Michael R. Murphy

Partner
+1.617.261.3132
Fax +1.617.261.3175
Michael Murphy focuses his practice on consulting and representing clients in antitrust/competition, product distribution, and intellectual property matters. Additionally, Mr. Murphy represents clients in complex business litigation.

Mr. Murphy advises product manufacturers on the design and implementation of distribution and resale price maintenance strategies focusing on removing unauthorized Internet resellers and limiting online price erosion. Mr. Murphy has developed customized distribution strategies for product manufacturers in numerous regions of the world and across many product verticals. Further, Mr. Murphy and his team assist clients in developing and executing gray market and counterfeit suppression strategies. He counsels clients on distribution and pricing strategies in North America, Europe, Asia, and Australia.

Mr. Murphy consults and litigates on behalf of clients regarding a range of antitrust/competition issues, including monopolization issues under the Sherman Act and pricing issues under the Robinson-Patman Act.

Additionally, Mr. Murphy has experience assisting clients with the procurement and negotiation of contracts with governmental agencies on the federal, state and local levels.

Besides antitrust litigation, Mr. Murphy’s litigation experience includes disputes regarding complex business issues, real estate, and intellectual property.

Professional Background

Prior to joining K&L Gates, Mr. Murphy was a partner at a national law firm. He previously clerked for the Honorable Judge Louis R. Meloni in the New Jersey Superior Court.

Achievements

  • Named a Massachusetts “Rising Star” in Antitrust Litigation (2016-2019)

Professional/Civic Activities

  • Co-Founder of Cradles to Crayons Emerging Leaders Council
  • Previous board member of the Teach for America Greater Boston Alumni Advisory Board
  • Has served on numerous campaign and finance committees including those of Senator John F. Kerry and Representative Michael E. Capuano
  • IADC Trial Academy Alumni (International Association of Defense Counsel Trial Academy)
  • Teach for America corps member

Speaking Engagements

  • Speaker, “4 Pillars of Online Protection,” ASD Market Week, July 30, 2019
  • Speaker, 21st Anti-Counterfeiting & Brand Protection Conference, January 28-30, 2019.

Additional Information

Publications
  • “What is the Kennedy Act, And What Can it Do for Me?” Cradles to Crayons Blog post, January 2010 
  • “The Race for 2011 Appropriations: On Your EARmarks, Get Set, Go!,” ChannelWorks’ “ChannelWise,” December 2009
  • ”Finally…Stimulus Money for Auto Parts Industry,” PWA Newsline, a publication of the Performance Warehouse Association and Performance Automotive Retailer, Vol. 39 Issue 3, 2009
  • Designed and implemented distribution strategies and pricing policies for scores of product manufacturers in numerous regions of the world and across many product verticals
Antitrust Litigation
  • Roxul USA, Inc. v. Armstrong Worldwide Industries, Delaware Federal District Court. Defeated motion to dismiss and motion for summary judgment in lawsuit alleging improper monopolization of acoustical ceiling tile marketplace. Case resulted in a Confidential Settlement.
  • GN Netcom, Inc. v. Plantronics, Inc., 2016 WL 3792833, (D. Del. July 12, 2016) -Obtained $5 million sanction and adverse inference for defendant’s spoliation of evidence.