Patrick J. Murphy III, Esq., became a member of the JAMS New York panel after helping many JAMS neutrals resolve complex commercial disputes for almost a decade. Widely regarded as an efficient legal analyst and writer, Mr. Murphy leverages his considerable alternative dispute resolution (ADR) experience to help achieve successful, prompt and economically efficient outcomes.
With respect to arbitration—his primary focus—Mr. Murphy has been appointed to serve as panel secretary in scores of complex commercial arbitrations. In that capacity, he has regularly collaborated with JAMS neutrals and has contributed to dozens of reasoned arbitration awards, as well as countless intermediate decisions. He has gained intimate familiarity with and has practically applied the procedural rules governing JAMS arbitrations, as well as those adopted by the International Chamber of Commerce, the American Arbitration Association and the International Centre for Dispute Resolution. Mr. Murphy has participated in complex commercial arbitrations involving, collectively, requests for monetary damages totaling billions of dollars, industry-impacting equitable relief and fee awards totaling tens of millions of dollars.
With respect to mediation, Mr. Murphy has helped facilitate the successful resolution of numerous complex commercial disputes for aggregate monetary consideration in the hundreds of millions of dollars. The matters that he has helped resolve as co-mediator have often involved mass torts; insurance coverage; class actions; and intellectual property, including pharmaceutical licensing; and pending litigation under the Hatch-Waxman Act.
With respect to special mastership, Mr. Murphy has assisted JAMS neutrals with several long-term appointments by federal and state courts. Most notably, since late 2015, he has assisted the Hon. Theodore H. Katz (Ret.) with discovery oversight and case management for coordinated residential mortgage-backed securities (RMBS) litigations pending in the Commercial Division of the Supreme Court of the State of New York, New York County. During the course of that special mastership, Mr. Murphy has contributed to the issuance of nearly 300 reasoned decisions.
Prior to his career in ADR, Mr. Murphy spent more half a decade serving in various capacities at the United States District Court for the District of New Jersey, including more than three years as the senior law clerk to then–Chief Judge Garrett E. Brown, Jr. (Ret.), who has been a JAMS neutral since 2012. In addition, Mr. Murphy was previously associated with a prominent New Jersey–based law firm, where his practice exclusively focused on commercial litigation in federal court.
Mr. Murphy is a graduate of Washington & Lee University and Seton Hall University School of Law. He is admitted to the bars of New York, New Jersey and the Supreme Court of the United States. On a personal level, Mr. Murphy is an avid sailor, fisherman and amateur naval historian. He is a member of the New York Yacht Club and the Storm Trysail Club.
- Arbitration: Murphy has supported scores of commercial arbitrations ranging in complexity from unitary-issue disputes (e.g., circumscribed breach of contract, tort or employment claims) to complex commercial disputes that required extensive discovery, motion practice and multi-week arbitration hearings. Through his experience with those arbitrations, he has developed expertise in the practical application of various widely used arbitration procedures, including the various JAMS Rules (e.g., Comprehensive, International, Streamlined and Employment); AAA Rules (in the context of AAA- and ICDR-administered arbitrations); ICDR Rules; and ICC Rules. He also has experience with best practices in the context of adhoc procedures. In keeping with the overarching goal of the arbitral forum, Mr. Murphy urges efficient proceedings and has garnered praise within the ADR industry for drafting concise yet thorough—and perhaps most importantly, durable—arbitration awards.
- Mediation: While serving as an assistant to JAMS neutral Hon. Garrett E. Brown, Jr. (Ret.), Murphy has helped settle dozens of disputes for aggregate monetary consideration in the hundreds of millions of dollars, and for impactful equitable consideration. Parties to those disputes have been, among others, individuals, small corporations, multinational conglomerates, state governments and federal regulatory agencies. Disputes that Judge Brown and Mr. Murphy have successfully resolved in single-day or shorter-term mediations have often involved employment, insurance coverage, breach of contract (including IP licensing), real property and business torts. Disputes that Judge Brown and Mr. Murphy have successfully resolved through longer-term structured negotiations have often involved various forms of intellectual property,prominently including pharmaceuticals and litigation pursuant to the Hatch-Waxman Act; mass/toxic torts; class actions; ERISA; and antitrust and unfair competition, as well as disputes pending before the International Trade Commission and proceedings brought by federal regulatory agencies.
- Special Mastership: Murphy has served as an assistant to both Judge Brown and Judge Katz in long-term special masterships.
For more than five years, Mr. Murphy has assisted Judge Katz since he was appointed to serve as special master for coordinated RMBS litigations pending in the Commercial Division of the Supreme Court of the State of New York, New York County. In that capacity, Mr. Murphy assisted Judge Katz in drafting the foundational procedures that have led to the prompt and efficient adjudication of nearly 300 discrete disputes. Additionally, Mr. Murphy has assisted Judge Katz since he was appointed to serve as special master for coordinated litigations in the Southern District of New York that involve copyright and trademark infringement.
Mr. Murphy also assisted Judge Brown when he was appointed to serve as special master for two complex litigations then pending in the District of New Jersey. The first litigation involved copyright infringement and breach of contract claims between an international software developer and one of the world’s largest corporations, among other parties. Judge Brown was appointed to serve as special master in that litigation pursuant to a protocol that established a detailed framework for discovery, dispositive motion practice, an evidentiary hearing and ultimately Judge Brown’s report and recommendation to the court regarding his findings of fact and conclusions of law. Mr. Murphy assisted Judge Brown in fulfilling all aspects of that protocol, and ultimately, the court accepted Judge Brown’s detailed recommendations in full. The second litigation involved coordinated cases brought pursuant to the Hatch-Waxman Act by numerous pharmaceutical companies. After his initial appointment to preside over coordinated discovery, Judge Brown’s responsibilities were subsequently expanded to include mediation. Mr. Murphy assisted Judge Brown with all aspects of that appointment, and after months of structured negotiations, all claims in the coordinated litigation were resolved via settlement.
- Neutral Case Analysis: Leveraging all facets of his experience, Mr. Murphy has assisted Judge Brown in offering neutral case analysis to litigants in a variety of legal and procedural contexts, primarily within the realms of intellectual property and business torts. Usually structured as simulated proceedings, neutral case analysis frequently evolves into collaborative workshops, during which Mr. Murphy provides insights that further the litigants’ evaluation and refinement of their arguments.
- Supreme Court of the United States, 2014
- New York, 2012
- New Jersey, 2009
- S. District Court for the District of New Jersey, 2009
- Board Member, Historical Society for the U.S. District Court for the District of New Jersey, 2013–present
- Editor, Nunc Pro Tunc (semi-annual publication of the Historical Society for the U.S. District Court for the District of New Jersey), 2013–present
- Barrister, John C. Lifland American Inn of Court, 2015–present
- Member, New York Intellectual Property Law Association, 2013–present
- J.D., Seton Hall University School of Law, 2008
- B.A., Washington & Lee University, 2003
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