Justin P. Murphy, Counsel Washington, D.C.
justin.murphy@crowell.com
Phone: +1 202.624.2536
1001 Pennsylvania Avenue NW
Washington, D.C. 20004-2595

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 white collar criminal matters and related government investigations, SEC enforcement matters, criminal antitrust matters, e-discovery, privacy and cyber-security matters, Foreign Corrupt Practices Act, False Claims Act, and complex civil litigation. He has represented and counseled corporate and individual clients in all phases of securities, white collar criminal matters and investigations, and civil investigations and proceedings involving the SEC, FINRA, Department of Justice, Department of the Navy, Immigration and Customs Enforcement, CFTC and other agencies.

Justin has substantial experience in E-Discovery and privacy related issues in government investigations and criminal matters. He regularly advises clients on E-Discovery and privacy related issues, including substantive legal issues, negotiating with opposing counsel and 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 advanced technologies and computer forensics as investigative tools. He has written extensively and has also lectured and taught regularly on these important aspects of investigations and criminal matters. Justin is also a regular contributor to the Crowell & Moring Data Law Insights.

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 corporation in False Claims Act investigation.
  • Representation of company relating to cyber-security incidents.
  • Representation of pharmaceutical company in government investigation.
  • Representation of international corporation in parallel civil and criminal 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 firms 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 the chair of the board 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 Committee; 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.



Affiliations

Admitted to Practice: District of Columbia, the U.S. District Court for the District of Columbia, the Supreme Court of the United States



Speeches & Presentations



Publications



Client Alerts & Newsletters



In the News

  • Preserving Privilege During Internal Probes Becomes Trickier After 'KBR,' Other Rulings
    May 12, 2015 — Bloomberg BNA

    Attorneys in Crowell & Moring's Government Contracts Group are quoted in a BNA article highlighting the firm's Ounce of Prevention Seminar that was held on May 5, specifically regarding the ongoing litigation between KBR and whistleblower Harry Barko, among other cases. The attorneys also discussed other key cases’ implications for conducting internal investigations. Featured in this article were government contracts attorneys Gail Zirkelbach, a Los Angeles-based partner; Preetha Chakrabarti, a New York-based associate; Jason Lynch, a Washington, D.C.-based associate; and Justin Murphy, a Washington, D.C.-based counsel.


  • Riley's Implications on Future Jurisprudence and Fourth Amendment Discussed in Webinar
    August 14, 2014 — Bloomberg BNA

    Justin P. Murphy, a counsel in the Washington, D.C. office and member of the firm's E-Discovery and Information Management and White Collar & Regulatory Enforcement groups, participated in a webinar panel discussing the landmark case of Riley v. California, which is the third decision the Supreme Court has issued since 2010 discussing advanced technologies. In this case, the Supreme Court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Murphy described Riley as an opinion "that brings together and harmonizes two earth-shattering revolutions—the American Revolution and the digital revolution." Murphy continues, telling the audience how, "Riley resolved years of inconsistent lower court decisions," and that, "the Court concedes that we are indeed in a new digital age."


  • ESI in the Criminal Justice System Webinar Discusses Pre- and Post-Indictment Issues
    March 27, 2014 — BNA: Digital Discovery & e-Evidence

    Justin Murphy, counsel in the firm's Washington, D.C. office and member of the firm's E-Discovery & Information Management Practice, participated in a BNA webinar discussing issues that arise surrounding electronically stored information in the criminal justice system. Specifically, Murphy spoke about two recent cases dealing with government search warrants in terms of the Fourth Amendment, and what information the government could receive from Facebook accounts.


  • FCPA Powerhouse: Crowell & Moring
    May 29, 2013 — Law360

    Crowell & Moring's White Collar & Regulatory Enforcement Group has been named as one of Law360's 10 "FCPA Powerhouses" for its prowess handling Foreign Corrupt Practice Act (FCPA) matters. The Law360 editors noted, "With Foreign Corrupt Practices Act experience tracing back to the firm's founding in the late 1970s, Crowell & Moring LLP has continued to make its mark in the arena, recently guiding Ralph Lauren Corp. and a Lindsey Manufacturing Co. Executive to successful outcomes in FCPA cases." The factors considered in selecting the winners included the number of attorneys at the firm working on FCPA matters and contributions to this developing area of law, including working on landmark FCPA cases, as well as client representations and outcomes.


  • Justin Murphy Discusses Challenges Associate with Social Media in Investigations
    March 1, 2013 — BNA INSIGHTS: eDiscovery Resource Center

    In this video segment, Washington, D.C.-based counsel Justin Murphy discusses the challenges associated with the use of social media in government investigations and criminal litigation. Click here to watch the video (subscription required).


  • Prosecutors to Appeal in Case Over E-Discovery Limits
    June 15, 2012 — Thomson Reuters News & Insight

    Justin Murphy comments on ruling by the U.S. 2nd District Court addressing whether the government faces limits on the time allowed for performing reviews of data collected during e-discovery investigations.


  • DOJ’s New Criminal E-Discovery Protocol Places Cooperation Above Motion Filings
    March 10, 2012 — Digital E-Discovery and E-Evidence Bloomberg BNA

    Crowell & Moring counsel Justin P. Murphy, a member of the firm’s White Collar & Regulatory Enforcement Group and E-Discovery & Information Management practice, is quoted regarding his assessment of the new recommendations on electronically stored information (ESI) discovery production in federal criminal cases.

  • E-Discovery Challenges in Criminal Probes
    December 22, 2008 — Compliance Week

    Crowell & Moring counsel Justin P. Murphy, member of the firm’s White Collar & Securities Litigation Group and E-Discovery practice, is featured for his comments on e-discovery in the realm of criminal and civil investigations.



Firm News & Announcements

Jun.05.2014 Crowell & Moring Releases "Data Law Trends & Developments" Report
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