Martin F. Murphy

Partner - Boston

Bio photo for Martin Murphy
Download Media Photo

Contact Information

617.832.1213

617.832.7000

mmurphy@foleyhoag.com Download vCard

Clients call on Marty Murphy, a seasoned courtroom advocate and negotiator, to help solve a broad range of high-stakes legal problems. Marty represents companies, individuals (including senior corporate executives), educational and other non-profit institutions and law firms in complex civil litigation, criminal investigations, and regulatory proceedings. He also conducts investigations for companies and non-profit institutions. Marty has tried more than 40 cases to completion before state and federal courts and arbitration panels, and argued more than a dozen appeals before the Court of Appeals for the First Circuit, the Massachusetts Supreme Judicial Court, and the Massachusetts Appeals Court. He has also successfully resolved dozens of hotly contested disputes without ever stepping into a courtroom.

More ยป

Education:

  • Harvard Law School, J.D., cum laude, 1983
  • Princeton University, summa cum laude, 1980

Representative Experience

Marty’s recent work includes:

  • Conducting an independent investigation reviewing allegations of sexual abuse at an independent school and the school’s leaders response to those allegations;
  • Persuading federal prosecutors not to bring charges against a major pharmaceutical company CEO they had labeled a target of federal health care fraud and off-label marketing violations;
  • Obtaining an injunction enforcing a non-compete clause in a case alleging that a former employee of a high-tech company misappropriated the company’s confidential information;
  • Representing a major teaching hospital in a federal investigation of surgical billing practices;
  • Persuading the Department of Justice’s Anti-Trust Division not to bring criminal charges against the senior executive of a Japanese company;
  • Defending a major university in a tenure denial case;
  • Securing the dismissal of a suit brought by students at a major university challenging the university’s investments in fossil fuels;
  • Representing a non-profit organization’s Special Committee in an investigation of the compensation of the organization’s former Chief Executive;
  • Successfully representing a doctor in a federal criminal investigation addressing a major teaching hospital’s response to allegations of a negligence by a senior physician;
  • Securing the dismissal of wrongful death claim brought against a major university by the family of a man murdered on campus; 
  • Persuading the government not to bring charges against a senior executive of a medical device company  identified as the target of a federal health care fraud investigation;
  • Representing a major law firm in two trials defending a claim for $120 million in sanctions based on the firm’s alleged  discovery and trial misconduct;
  • Conducting an internal investigation at the request of a major pharmaceutical manufacturer to review allegations that the company and its outside counsel failed to produce subpoenaed documents;
  • Persuading the government not to bring charges against senior executives of three of the world’s largest pharmaceutical companies, identified as the targets of federal investigations alleging  that the company engaged in off-label  promotion of prescription drugs, and violated the federal anti-kickback laws; 
  • Securing the favorable resolution of charges brought by the Massachusetts Securities Division against a Madoff-related New York securities dealer--after winning a motion in Massachusetts Superior Court vacating  the Division’s administrative  judgment against the broker-dealer; 
  • Defeating the State of New Hampshire’s first attempt in sixty years to obtain the death penalty against a defendant in a homicide case;
  • Advising the boards of a major mutual fund complex in connection with potential claims against a custodial bank arising out of foreign exchange trading;
  • Testifying as an expert witness in a regulatory proceeding concerning the state Uniform Securities Act; and 
  • Successfully defending a university professor in National Science Foundation investigation of alleged research fraud

Marty’s experience also includes work in the following areas:

  • Complex Civil Litigation, including the defense of a contract claim brought by a Massachusetts sports franchise, defense of a major law firm in an employment discrimination claim, defense of a state False Claims Act investigation against a major engineering and construction firm, and the representation of clients in legal and medical malpractice cases, class action claims, partnership disputes and energy-related litigation.
  • Health Care Fraud Investigations, including investigations of alleged kickbacks, off-label marketing, and pricing misconduct by  companies and by executives of pharmaceutical manufacturers, medical device companies and pharmacy benefit managers;
  • Securities Investigations, including the defense of boards, audit committees, investment advisers, hedge fund managers and senior corporate executives facing investigations by the Securities and Exchange Commission, the Justice Department, and state Securities Divisions concerning allegations of unlawful stock option practices, market manipulation, market timing, insider trading, revenue recognition, misappropriation, and analyst/investment banker conflict of interest;
  • Other Criminal and Regulatory Investigations, including investigations of bank, mail and wire fraud and public corruption investigations.

Professional Experience

  • Lectured on criminal practice at Harvard Law School
  • Lectured on trial practice and ethics to the Massachusetts Attorney General’s Office and Suffolk District Attorney’s Office
  • Co-author (with Nancy Gertner and Michael B. Keating): “Tsarnaev Trial: Let’s not relive the Marathon bombings,” The Boston Globe, December 10, 2014
  • Co-Author, The BBA and the Death Penalty (2014), available at www.bostonbar.org/docs/default-document-library/bba-death-penalty-report.pdf
  • Co-Author, Getting it Right: Preventing Wrongful Convictions, Bulletin of the American College of Trial Lawyers (2013)
  • Pre-Arraignment Issues, TRYING MURDER AND OTHER HOMICIDE CASES IN MASSACHUSETTS, MCLE (2013)
  • Co-Author, Melendez-Diaz, One Year Later, BOSTON BAR JOURNAL (Fall 2010)
  • Co-Author, Getting it Right, REPORT OF THE BOSTON BAR ASSOCIATION TASK FORCE TO IMPROVE THE ACCURACY AND RELIABILITY OF THE CRIMINAL JUSTICE SYSTEM (December 2009)
  • Hiding in Plain View:  Has Big Papi’s Plight Changed the Law of Computer Searches? in BUSINESS CRIME PROSECUTIONS UNDER THE OBAMA ADMINISTRATION (MCLE 2009)
  • Co-Author, Commonwealth v. Adjutant and the Law of Self Defense, BOSTON BAR JOURNAL (November/December 2005)
  • Peering Behind the Curtain: Government Requests for Privilege Waivers in Criminal Investigations, BOSTON BAR JOURNAL (November/December 2004)
  • Co-author, The Fourth Amendment in the Digital Age: Some Basics on Computer Searches, BOSTON BAR JOURNAL (May/June 2003), reprinted in THE COMPUTER AND INTERNET LAWYER (October 2003)
  • Sharing Secrets: Thinking About Joint Defense Agreements, BOSTON BAR JOURNAL (September/October 2002)
  • Individual Voir Dire in Criminal Trials: Where is the SJC Headed? BOSTON BAR JOURNAL (March/April 1998)
  • No Room at the Inn? Punishing White-Collar Criminals, BOSTON BAR JOURNAL (May/June 1996)
  • The ‘No-Contact’ Rule and the Sixth Amendment: A Dilemma for the Ethical Prosecutor, BOSTON BAR JOURNAL (March/April 1994)
  • Co-author, The ‘Fresh-Complaint’ Rule: Alive and Well After All, BOSTON BAR JOURNAL (September/October 1992)
  • When Bad Things Happen to Good Companies: Responding to Allegations of Criminal Activity Under the Organizational Guidelines, FEDERAL CORPORATE SENTENCING GUIDELINES, Boston Bar Foundation (1992)
  • Co-author, Developments in Criminal Law: Changing Face of Rape Prosecutions, BOSTON BAR JOURNAL (May/June 1992)

Honors

  • Fellow, American College of Trial Lawyers
  • Ranked by CHAMBERS USA: AMERICA'S LEADING LAWYERS FOR BUSINESS as one of Massachusetts' top-ranked attorneys in white-collar crime and government investigations (2009-2017)
  • Named BEST LAWYERS’ 2013 and 2016 Massachusetts Criminal Defense Lawyer of the Year
  • Listed among the best criminal defense and white collar defense lawyers in the United States in the publication THE BEST LAWYERS IN AMERICA
  • Listed in MASSACHUSETTS SUPER LAWYERS

Involvement

  • Secretary and Executive Committee Member, Boston Bar Association
  • Board Member, American Civil Liberties Union of Massachusetts
  • Chair, American College of Trial Lawyers Federal Criminal Practice Committee
  • Co-Chair, Boston Bar Association Death Penalty Working Group
  • Member, Massachusetts Special Commission to Study the Criminal Justice System
  • Former Commissioner, Massachusetts Ethics Commission
  • Former Chair, Massachusetts State Committee, American College of Trial Lawyers
  • Co-Chair, Boston Bar Association Task Force to Prevent Wrongful Convictions
  • Appointed by the Massachusetts Supreme Judicial Court to Advisory Committee on Massachusetts Evidence Law
  • Former Co-Chair of the Boston Bar Association’s Criminal Law Section
  • Lecturer, “Trying Federal Conspiracy Cases,” Criminal Justice Act Panel, February 2016
  • Panelist, “Crisis Communication for Law Firms;” Legal Marketing Association, November 2015
  • Panelist, “FDA Enforcement Trends,” Boston Bar Association, April 2011
  • Panelist, “Recent Developments in False Claims Litigation,” Suffolk Law School, March 2011
  • Panelist, "Recent Developments in the Law of Computer Searches," MCLE, October 2009
  • Program Co-Chair and Panelist, "Trial of a Health Care Fraud Case," Boston Bar Association, April 2009
  • Panelist, “Off-Label Enforcement: Prosecution Theories and Potential Defenses,” Boston Bar Association Health Care Fraud Program, April 2007
  • Panelist, “Don't Look Back: Stock Option Dating and Internal Investigations,” Boston Bar Association, February 2007
  • Panelist, “Medicare Part D, Off-Label Promotion, and the False Claims Act,” American Conference Institute Pharmaceutical and Medical Device Program on Off-Label Communications, New York, April 2006
  • Program Chair, “White Collar Crime 2006,” Boston Bar Association, February 2006
    Panelist, “Challenging the Admissibility of Testimony of Expert Witnesses in Criminal Cases,” MCLE, June 2003
  • Panelist, “Recurring Issues in Joint Defense Agreements,” Boston Bar Association, February 2003
  • “Stopping Bank Fraud Before It Starts,” presentation to Citizens Bank Senior Loan Officers, January 2003
  • Panelist, “Forensic Accounting and Fraud,” Turnaround Management Association and Risk Management Association (New England Chapter), December 2002
  • Panelist (and demonstration of cross-examination of DNA Expert Dr. Robin Cotton), “Cross-Examination of Scientific Experts,” Cambridge Healthtech Institute Annual Meeting, Washington, D.C., August 2002
  • Panelist, “Criminal Law Top Guns - Trying the Perfect Case: What Makes Great Trial Lawyers Great,” Boston Bar Association, April 2002
  • Program Chair and Moderator, “Top Guns: Veteran Criminal Trial Lawyers Tell their Secrets,” Boston Bar Association, March 2001
  • Program Chair and Moderator, “When Worlds Collide: Civil and Criminal Enforcement of Securities Laws,” Boston Bar Association, April 2000
  • Program Chair and Moderator, “The New Massachusetts Rules of Professional Conduct,” Boston Bar Association, February 1998
  • Panelist, “Jury Selection in State & Federal Criminal Cases,” Boston Bar Association, February 1997
  • Panelist, “The Cutting Edge: The Ten Most Important Criminal Law Changes of 1996,” Boston Bar Association, January 1997
Add to Bio Folder

Download Bio

Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit