Lewis F. Murphy

Directors and Officers Liability, Securities Fraud Class Actions

• Numerous public companies and officers or directors in class actions for securities fraud in (i) initial public offerings, (ii) secondary public offerings, (iii) public disclosure filings, and (iv) alleged insider trading.
• Represented the executive chairman of an environmental remediation company in a D&O liability adversary proceeding, winning motion to dismiss.
• Represented high profile directors and officers of a bankrupt body armor company in a US adversary proceeding in coordination with the defense of a Canadian shareholder securities fraud class action, winning motion to dismiss.
• Represented former officers and directors of debtors in multiple adversary proceedings by trustees in bankruptcy involving (i) dairy products, (ii) offshore gambling cruises and (iii) cruise lines.
• Represented the directors of bankrupt company engaged in exhibitions of the artifacts from the SS Titanic and human anatomy in adversary proceeding for breach of fiduciary duties.
• Conducting an internal investigation on behalf of a US public company in response to whistleblower allegations at its Russia-based subsidiary concerning the FCPA, UK Bribery Act and local tax laws.
• Represented underwriters in a securities class action arising out of a $50 million IPO for a social networking company before the federal district court and appellate court, approving dismissal with prejudice.
• Represented the CEO of a special purpose acquisition company and family trust in a shareholder action for fraud and conspiracy.
• Represented the outside directors of a bankrupt outsourcing of professional public company on breach of fiduciary duty claims (Maryland law) by the liquidating trustee, winning motion to dismiss.
• Represented a bank holding company, its officers and directors for many years in all proxy contests, tender offers, securities fraud class actions, § 13(d) actions and breach of fiduciary duty claims.
• Represented a financial institution and its officers and directors in a series of related securities class actions, SEC investigations, bankruptcy proceedings and breach of fiduciary duty litigation arising out of a $75 million loss resulting from false and misleading financial statements for a government securities company engaged in repurchase transactions.
• Represented a medical corporation as nominal defendant in multiple derivative actions arising from a securities class action based on unrealized sales expectations, winning motion to dismiss.
• Served on the special committee of the board of a medical products company investigating a shareholder demand arising out of a steep decline in stock price.
• Served on the special litigation committee of a board of a public real estate developer investigating communities destroyed by hurricane.
• Served on the special litigation committee of a board of a large private security company investigating level of compensation, benefits and interest in a potential merger by the founder and CEO of a company.
• Represented inside directors and officers in various matters, including an investigation by a special litigation committee, a federal securities fraud class action and a related state derivative action arising out of the write-off of approximately $900 million and abandonment of a non-utility business.
• Represented officers and 50% shareholders in multiple closely held corporate control disputes and derivative lawsuits for mismanagement or dissolution in several industries: (i) dairy, (ii) sugar cane, (iii) petroleum engineering and (iv) commercial real estate.
• Represented investment advisors in actions by investors in both the Madoff and the Rothstein Ponzi schemes.
• Represented officers of a super-regional bank in a Florida securities fraud claim by bank borrowers based on purchasing holding company stock before FDIC receivership, winning motion to dismiss.
• Represented a jewelry supply company and its board of directors in a Delaware class action arising out of a reverse stock split.
• Represented a company, its officers and directors in putative Delaware and Florida class actions to enjoin a $3.8 billion merger of commercial real estate holding companies.

Insurance Company Liability and Receiverships

• Advising individuals and corporations on D&O policy terms, coverage and other insurance issues.
• Represented International financial lines carrier in coverage dispute with a bankrupt national mortgage servicing company arising out of its national settlement with the US Trustee Program, an agency of the Department of Justice, for its multiple mortgage servicing deficiencies.
• Represented a Florida homeowner insurance company in a Division of Administrative Hearings petition over terms of conditions for a withdrawal plan involving 1.2 million policies.
• Represented a US life insurance carrier in efforts to withdraw from the Latin American market due to changes in laws and fraud by a policyholder agent.
• Represented a super-regional bank in a breach of fiduciary duty and fraud action by an insurance holding company for a failed Florida insurer over the value of unadmitted capital assets held by bank.
• Represented the largest (unrelated) US-based life insurance holding companies and their insurance subsidiaries in multiple joint RICO investigations by the Florida Department of Insurance and Florida Attorney General into insurance sales practices based on alleged churning, improper replacement and vanishing premiums.
• Represented life insurance companies in investigations by the Florida Department of Insurance and parallel class actions by policyholders into insurance premiums based on race.
• Represented a national life insurance company in an investigation by the Department of Insurance into retail sales practices in Florida and a class action for $400 million predicated on alleged fraud in the sale of limited partnerships.
• Represented UK-based insurance companies in litigation with respect to the Latin American and Caribbean distribution system, regulatory and commercial issues.
• Represented a New York law firm in claims for $300 million based on breach of fiduciary duty, attorney malpractice, breach of contract, federal securities fraud and RICO matters in parallel state and federal proceedings arising out of the receivership of an insurance company.

Cross-Border Litigation

• Represented a Puerto Rico family charitable foundation and founder in RICO action against former trustee, counsel, directors, officers and commercial property managers for mail fraud, wire fraud, Puerto Rico Civic Code breach of fiduciary duties and conspiracy.
• Represented members of Argentine and Bolivian family, and estate, in cross-border litigation over frozen bank accounts in Florida and Cayman Islands.
• Represented Argentine investor and Florida LLCs in action against former trusted schoolmate and friend for fraud, embezzlement and failure to transfer control of commercial residential real estate investments and multiple bank accounts.
• Represented Argentine heir against other heir and controlled US companies regarding real estate and intangible assets of father’s Argentine estate hidden under Netherland Antilles and Panamanian bearer share companies.
• Represented a Panamanian bank in fraudulent mortgage action by judgment creditor.
• Represented a Central American new car distributor in recovering funds embezzled by former managing director and placed in personal US accounts.
• Represented UK investors in a property dispute over section corners.
• Represented a US business broker regarding failure to pay brokerage/finder’s fee in sale of UK tea company.

• Chambers Florida, Litigation, General Commercial (2016-2021)
• The Legal 500 US
• Best Lawyers, New York City Lawyer of the Year, Insurance Law (2024)
• Best Lawyers, Miami Lawyer of the Year, Insurance Law (2018)
• Best Lawyers, Bet-the-Company Litigation; Commercial Litigation; Securities Litigation; Insurance Law; Banking & Finance Litigation; Trusts & Estates Litigation (2009 – 2022, 2024)
• Best Lawyers, Miami Lawyer of the Year, Litigation – Securities (2017)
• Best Lawyers, Miami Lawyer of the Year, Insurance Law (2012)
• Best Lawyers, Miami Lawyer of the Year, Bet-The-Company Litigation (2009)
• Chambers USA: America’s Leading Lawyers for Business, leading individual for Commercial Litigation
• Additional recognitions since inception of award programs: Florida's Top Lawyers, Top Lawyers in South Florida, Florida Trend’s Legal Elite, Super Lawyers.
• Lawyers for Children America, John Edward Smith Child Advocacy Award (2017)
• Lawyers for Children America, John Edward Smith Child Advocacy Award (2013)

Authored Articles

• "Cross-Border Litigation – The Devil is in the Details," The Corporate Counselor, May 2017

• Served as commissioned naval officer on destroyer escort in the Western Pacific, Indian Ocean, Persian Gulf (1972-1975), on the staff of Commander Third Fleet (1975-1977) and in the Naval Reserve (1977-1979).

• Board of Directors, Lawyers for Children America, Inc (2010 -2020)
• Vice Chairman, Appellate Court Rules Committee of the Florida Bar
• President Emeritus, University of Florida Law Review Alumni Association (1992-1994)
• Editorial Advisory Board, Federal Regulation of Securities, Lawyers Cooperative Publishing