Justin P. Murphy is a counsel at Crowell & Moring's Washington, D.C. office, where he practices in the White Collar & Regulatory Enforcement Group and E-Discovery and Information Management Group. Justin's practice focuses on SEC enforcement, white collar criminal matters, criminal antitrust, e-discovery matters relating to internal and government investigations, Foreign Corrupt Practices Act, False Claims Act, and related civil litigation. He has represented and counseled corporate and individual clients in all phases of securities, white collar criminal and civil investigations and proceedings involving the SEC, FINRA, Department of Justice, Immigration and Customs Enforcement, CFTC and other agencies.
Justin has substantial experience in E-Discovery in government investigations and criminal matters. He regularly advises clients on E-Discovery issues on this topic, including substantive legal issues, negotiating with government investigators concerning the preservation, processing and production of electronically stored information (ESI), records and information management, technology issues, constitutional issues, cost considerations, related ethical issues, and the use of computer forensics as an investigative tool. He has written extensively and has also lectured and taught regularly on this rapidly developing and important aspect of investigations and criminal matters. Justin is also a regular contributor to the Crowell & Moring E-Discovery Law Insights blog.
Justin's recent experience includes:
- Representation of CFO of public corporation in SEC accounting and disclosure investigation and subsequent SEC litigation. Obtained ground-breaking decision denying the SEC's ability to obtain an injunction or an officer and director bar on a motion for summary judgment. SEC v. Brown, 878 F. Supp. 2d 109 (D.D.C. 2012).
- Representation of international corporation in False Claims Act investigation.
- Representation of individual in connection with a DOJ criminal antitrust grand jury investigation related to the automotive industry.
- Representation of corporation in False Claims Act investigation and in federal district court in qui tam litigation.
- Representation of current and former executives of public corporation in internal and Department of Justice FCPA investigations.
- Representation of corporation in connection with Southern District of New York public corruption investigation.
- Conducted internal corporate investigation for Fortune 100 company.
- Representation of individual client in Jack Abramoff-related criminal investigation.
- Representation of large broker-dealer firm in SEC and FINRA investigations.
- Representation of president of broker-dealer firm in SEC investigation and FINRA enforcement action.
- Representation of former government official in Bivens action related to September 11 detainees.
- Representation of domestic violence victim in significant appellate victory at District of Columbia Court of Appeals.
- Representation of corporation in multi-year investigation by U.S. and European officials for price fixing.
- Representation of former executive vice president for Investor Relations at Enron in complex civil litigation and criminal proceedings.
- Representation of multiple individuals in SEC formal investigations and enforcement proceedings relating to insider trading, market timing, securities fraud and other accounting and disclosure issues.
Justin has also represented victims of terrorism in pursuing claims under the Foreign Sovereign Immunities Act and has worked on matters dealing with the Racketeer Influenced and Corrupt Organizations Act (RICO). In addition, Justin represents pro bono clients in criminal matters in Maryland State Court, including jury trials, and at the Maryland Court of Appeals. He has also represented clients in parole revocation hearings and on domestic violence and child custody matters.
Justin is active in Bar activities, serving, among others, as an editorial board member of the ABA Criminal Justice Magazine; the ABA Standards Process Review Task Force; the ABA Task Force on Criminal E-discovery; the ABA E-discovery and Digital Evidence Committtee; the 7th Circuit E-discovery Pilot Program (focusing on criminal issues); and the D.C. Bar E-discovery Committee. Justin also served as co-chair of the 2012 ABA Spring Meeting, the first full day program on E-Discovery in criminal matters and government investigations.
Justin received his B.A. in history and government from Claremont McKenna College in 1995. He earned his J.D. from Georgetown University Law Center in 2001, where he served as an editor on the Georgetown Journal of Legal Ethics and worked in the Georgetown Domestic Violence Clinic. Before attending law school, Justin served as a production assistant for "The George Michael Sports Machine."
Justin joined the firm in 2001 and is a member of the District of Columbia Bar, the Bar of the U.S. District Court for the District of Columbia, and the Supreme Court of the United States.