Jerome A. Murphy is a partner in the Antitrust and Commercial Litigation groups in the firm’s Washington, D.C. office. Jerry's practice is unique—he helps corporate legal departments bring in revenue, not spend it. By identifying and prosecuting recovery opportunities, Jerry has helped both large and small companies recover hundreds of millions of dollars in damages in antitrust cartel cases. Jerry is an experienced litigator and trial lawyer who also understands the delicate business relationships involved in such disputes. He is committed to helping clients maximize the recovery due them, while preserving, and sometimes growing, longstanding business relationships.
He is a leader of the firm's Antitrust Recovery Practice and currently represents several groups of Fortune 100 companies in federal litigation brought to recover damages from antitrust cartels. In coordination with competition lawyers in the firm's international offices, Jerry has also assisted multinational clients seeking global recoveries from worldwide price-fixing cartels, including bringing one of the first follow-on private damages actions in Europe before the United Kingdom's Competition Appeal Tribunal.
Jerry's corporate plaintiff practice includes more than just filing lawsuits. He regularly counsels clients regarding sophisticated alternatives to the class action approach, often achieving recoveries through negotiation, arbitration, and litigation well in excess of class recoveries. These alternatives maximize recovery based on a balanced and tailored approach that demonstrates resolve and commitment to results, while at the same time maintaining important commercial relationships with actual or potential suppliers. In fact, Jerry and his team have been able to turn most recoveries into "win-win" situations for his clients and their key suppliers.
He regularly handles matters at both the trial and appellate levels in federal and state courts throughout the country. In addition, he has served as national coordinating counsel and has represented clients before arbitration panels and in other ADR proceedings.
Jerry chairs the firm's Contingency Review Committee and is a member of the Finance Committee. He is also a long-time member of the firm's Lawyer Development Committee and Professional Development Committee. He coordinates all lawyer training for the firm, including training specific to the firm’s litigators. Along with other firm partners, he created and runs the firm's preeminent Trial Excellence Academy, which runs annually and includes mock trials in D.C. federal court.
Jerry is also a long-standing member of the firm's Public Service Committee and maintains an active pro bono docket. He is the outside general counsel of the Equal Rights Center and a Trustee of the Washington Lawyers' Committee for Civil Rights and Urban Affairs.
Jerry joined Crowell & Moring in 1998. A 1985 graduate of Georgetown University, Jerry received his law degree in 1992 from the University of Maryland, where he graduated with honors and was executive editor of the Law Review and a member of Order of the Coif. He attended law school while on active duty under the Army's Funded Legal Education Program. Prior to joining the firm, Jerry served on active duty in the U.S. Army Judge Advocate General's Corps as senior trial counsel and senior trial defense counsel. In the JAG Corps, Jerry tried dozens of cases to verdict as both prosecutor and defense counsel. He served as lead counsel in cases ranging from premeditated murder to complex fraud, and defended senior officers, cases involving classified programs, and high-profile cases.
- In Re TFT-LCD (Flat Panel) Antitrust Litigation. Appointed by Judge Susan Illston as Liaison Counsel for all Direct Action cases in large federal MDL litigation. Represent a group of 12 plaintiffs, including Motorola Mobility, AT&T Mobility, Sears, Kmart, Target, RadioShack, ViewSonic, Jaco Electronics, Old Comp (Comp USA claims), The Good Guys, Newegg, and Rockwell Automation as plaintiffs to recover damages against price-fixing cartel. The Motorola action continues. Through confidential settlements, he achieved substantial recoveries for clients.
- In Re Cathode Ray Tube (CRT) Antitrust Litigation. Represent Target Corporation as plaintiff to recover damages against price-fixing cartel.
- In Re Dynamic Random Access Memory (DRAM) Antitrust Litigation. Lead trial counsel for Oracle America (formerly Sun Microsystems) as plaintiff in two separate antitrust litigations to recover damages against price-fixing cartel. Also represented other large manufacturer and distributors. Through confidential settlements, he achieved substantial recoveries for clients.
- In Re Electrical Carbon Products Antitrust Litigation. Lead trial counsel for a group of 12 plaintiffs, including A.O. Smith, Baldor Electric, Delphi, Emerson Electric, Fasco Industries, Rockwell Automation, Robert Bosch, Siemens Transportation Systems, Valeo, and Visteon, in federal antitrust litigation to recover damages against price-fixing cartel. Through confidential settlements, he achieved substantial recoveries for clients. Also represent several members of plaintiff group in claims brought against cartel members in the United Kingdom’s Competition Appeal Tribunal. This case is one of the first ever brought in that forum.
- Sullivan, et al. v. DB Investments, Inc., et al. (De Beers Diamond Antitrust Litigation). Represented a group of 20 large jewelry retailers related to allocation of settlement fund.
- In Re Aftermarket Filters Antitrust Litigation. Defended automotive filter manufacturers in putative class actions alleging price-fixing.
- In Re Sumitomo Copper Antitrust Litigation. Represented more than 50 corporate clients as plaintiffs' counsel in complex antitrust suit brought in California state court against Sumitomo Corporation alleging price fixing of copper market.
- In re Welding Fumes Product Liability Litigation. Obtained summary judgment dismissing all claims against major equipment manufacturer in over 1,000 actions in a federal MDL proceeding in which plaintiffs claimed that client conspired to conceal the alleged health hazards of manganese in welding fumes.
- Defended major railroad in and served as coordinating counsel for complex toxic tort litigation.
- Defended brokerage in NASD arbitration involving contract and business tort claims.
- Represented a semiconductor manufacturer in federal court in a suit involving business tort and contract claims.
- Defended major airline in antitrust suit brought by U.S. Department of Justice.
- Represented major railroad in series of arbitrations involving complex commercial contract disputes.
- Represented a federal government corporation in federal court in suit involving the financing of a large commercial project overseas.
- Represented the estate and family members of a U.S. service member killed in terrorist bombing in suit against foreign government, brought in federal court under an exception to the Foreign Sovereign Immunities Act.
Admitted to Practice: District of Columbia, Maryland, various U.S. District Courts and Courts of Appeal
Highlights, News & Knowledge
Speeches & Presentations
"Litigation Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
"So You're Thinking of Opting Out...Considerations for Corporate Plaintiffs in Price-fixing Cases," The Antitrust Counselor, Vol. 8.4
Co-Authors: Jerome A. Murphy, Joshua Stokes, and Matthew J. McBurney.
"Private Damages Actions and Global Recovery Solutions for Multinationals: Understanding the Pitfalls of US Class Actions," Global Competition Review of the Americas
Co-Authors: Kent A. Gardiner, Daniel A. Sasse and Jerome A. Murphy.
"Private Damages: Opportunities for In-House Counsel," Global Competition Review
Co-Authors: Jerome A. Murphy and Daniel A. Sasse.
"Fear Factor: Supreme Court Permits Mental Anguish Damages for Asbestosis Plaintiffs Who Fear Cancer," Product Liability Law & Strategy
Co-Authors: Scott L. Winkelman, Jerome Murphy and F. Ryan Keith.
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