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Charles E. Murphy
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Charles E. Murphy

Member

 
 
Phone: (248) 988-5879
Fax: (248) 988-2331
Email: cmurphy@clarkhill.com 
Office: Birmingham
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Areas of Practice
Estate Planning & Probate
Intellectual Property
Litigation
Alternative Dispute Resolution
Business Litigation
Class Action Litigation
Commercial Litigation
Construction Law
Health Care
Intellectual Property Litigation
Securities Litigation


News
Attorney Charles Murphy Appointed to the American Board of Physician Specialists' Board of Certification in Radiology as Public Member




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Bar Admissions
Admitted to practice in Michigan, U.S. District Court for the Eastern District of Michigan, and the U.S. Sixth Circuit Court of Appeals

Education
J.D., Wayne State University Law School, 1978
B.A., Wayne State University (honors: with high distinction), 1975, Phi Beta Kappa

Memberships
American Bar Association, Business Law and Litigation Sections
Oakland County Bar Association, Public Advisory Committee evaluating judicial candidates (2002)
State Bar of Michigan, Chairperson (1996-1998), Committee on Legal Education
Michigan Super Lawyers - business Litigation 2007 and 2008

Charles E. Murphy is a member of the Litigation Practice Group and has substantial litigation and arbitration experience in securities, construction, business, health care, commercial and contract disputes, minority shareholder oppression, corporate control, fraud, misrepresentation, interference with contracts and business relationships and other business torts, complex litigation, breach of warranty, distributor/supplier relationships, manufacturer's representative and franchise terminations, commission disputes, creditor-debtor actions, trade secrets, restrictive covenants, unfair competition, and trademark and copyright infringements.

Charles has significant experience in securities law and regulation representing broker-dealers, principals, and registered representatives in sales practice cases involving financial services and insurance products and representing shareholders, officers and directors in securities related disputes. He has conducted customer and industry arbitrations, securities compliance, regulatory and disciplinary proceedings and has navigated departures and hires of registered representatives. For most of his career, Charles has represented individual physicians, physician groups and hospitals, including cases involving staff privileges, interference with hospital contracts, physician shareholder disputes, state certification requirements, and licensing board investigations and hearings. He has been selected to serve as an arbitrator in physician staff privilege hearings at hospitals. He has special expertise in trust and estate litigation involving breach of fiduciary duty, will and trust contests and accounting and legal malpractice. Charles has handled employment termination, discrimination and sexual harassment cases and has extensive experience negotiating and drafting contracts and licensing agreements.

He has tried jury and bench trials in federal and state court, FINRA and AAA arbitrations throughout the United States, and administrative agency hearings.

His recent litigation resolutions include:

  • Representing the shareholders and former officers of Car.com in AAA securities arbitration in Phoenix, Arizona and a federal securities action in the Central District of California arising out of the acquisition of Car.com by Autobytel with stock subject to a later financial restatement by Autobytel.
  • Defending Delphi’s Director of Capital Planning in the SEC enforcement action against Delphi and its former officers and related securities matters, in the Eastern District of Michigan.
  • Successfully defending Merrill Lynch Trust Company in a breach of fiduciary investment duty claim brought in Ann Arbor, Michigan.
  • Representing Hunt Construction, the general contractor for the Northwest Airlines Mid-Field Terminal Project at Detroit Metropolitan Wayne County Airport in numerous construction cases in federal and state court arising out of delays, scheduling, acceleration, and termination of sub-contractors with over 100 million dollars at issue.
  • Representing the Receiver for Legisi Marketing, Inc. and Gregory McKnight, vs. Alan Goddard McGowan Pak & Partners, et al., FINRA 09-01690. Receiver was appointed in an SEC Enforcement Proceeding brought against Gregory McKnight and Legisi Marketing, Inc. for operating an internet Ponzi scheme. The FINRA arbitration involves suitability, churning, and other claims against the broker-dealer and representatives who sold restricted stock in former shell companies to Legisi. Also pursuing separate securities claims against Elite Consulting Group, LLC and Edgetech, Case No. 2:09-cv-10772, and against Royal Palm Real Estate Investment Fund LLP et. al. Case No 2:09-cv-1170, in the United States District Court for the Eastern District of Michigan.
  • Successfully obtaining dismissals of four cases brought by the Fort Street Presbyterian Church against the Presbytery of Detroit in the Wayne County Probate Court alleging mismanagement of two endowment funds and breaches of fiduciary investment duties.
  • Representing two registered representatives of UBS in a FINRA Review in fall 2008 of closed-end fund trading practices at the UBS Scottsdale, Arizona office. FINRA Review discontinued following depositions.
  • Representing broker-dealer, investment advisor and two principals in FINRA Case No. 08-04137. Nature of Case: Securities fraud and suitability.
  • Representing a regional bank in a FINRA arbitration against a broker-dealer and insurance company arising out of the inappropriate sale of bank-owned life insurance (BOLI) to officers of the bank.
  • Achieving a very substantial settlement buy out during arbitration on behalf of a founding oppressed minority shareholder of National Precast, Inc., a precast construction company.
  • Successfully shepherding and negotiating departures of registered representatives from numerous broke-dealers and negotiating employment agreements with broker-dealers.
  • Represented several high level Collins & Aikman executives, vs. Collins & Aikman Corporation, et al., in United States Bankruptcy Court, Eastern District of Michigan, Southern Division, Adversary Proceeding No. 08- 04709-swr. Case involved issue of whether the Collins & Aikman “Top Hat Plan” for high level executives complied with the Plan and ERISA so as to be excluded from the debtor’s estate.
  • Obtaining a favorable settlement on behalf of two beneficiaries of a substantial family trust against Standard Federal Bank and one of the largest Michigan law firms in a case involving breach of the prudent investor rule and breach of fiduciary duties in the management of a hedge fund which stuffed its gain to the trust.
  • Serving as an internal arbitrator at Henry Ford Health Systems in a physician staff privilege hearing.
  • Representing the Russian Federation and its Federal Atomic Energy Agency (FAAE) in a federal action in the Eastern District of Michigan to recover $300 million of smuggled isotopes from a Russian company and its major shareholder who had fled to St. Kitts.
  • Defending and achieving a favorable resolution and dismissal for Norstar, a Florida construction company, in an action brought by its former president in Fort Myers, Florida.
  • Serving as a facilitator in an automobile supplier contract dispute involving Johnson Controls, ThyssenKrupp Steel Services and other entities.
  • Successfully obtaining judgment and collection in Oakland County Circuit Court against a series of real estate LLC entities, including reverse piercing.
  • Representing elderly investors in two FINRA arbitrations involving the inappropriate sale of variable life and annuity products.
  • Successfully representing Comerica Bank in a complex will and trust contest in the Wayne County Probate Court.
  • Obtaining summary dismissal of a business claim brought by a broker-dealer against a departing representative.
  • Obtaining a no-cause for Bondpage.com (Cambridge Group Investments), an internet bond broker-dealer, in a FINRA securities arbitration brought by a customer in Los Angeles, California.
  • Representing the YMCA of Metropolitan Detroit and the American Red Cross in separate will and trust contests in Oakland County Probate Court.
  • Defending Chase Manhattan Mortgage Company in several real estate cases in Wayne County Circuit Court.
  • Successfully defending a trustee in an undue influence and breach of fiduciary duty case in the Wayne County Probate Court.
  • Defending a registered representative in a FINRA arbitration brought by several customers over a failed investment sold to the customers by an unrelated promoter.
  • Representing a Michigan flooring contractor in several construction litigation disputes.


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