Lewis F. Murphy focuses on complex multidistrict and cross-border, bet-the-company and commercial litigation. He has extensive experience in securities and fiduciary duty litigation — both class actions and derivative claims — including adversary proceedings in bankruptcy, M&A transactions, proxy contests and corporate takeovers, SEC investigations and class actions for insurance retail sales fraud.
Lew has represented numerous special litigation committees and conducted other internal investigations, including FCPA probes. He advises on investigations by the Florida Office of Insurance Regulation and Florida Attorney General into insurance sales practices. He has significant experience with closely held corporation disputes, and handles both international hidden assets/probate proceedings and appellate cases.
Lew has been consistently recognized by publications including Chambers USA and The Legal 500 United States. Best Lawyers recognized Lew as Miami Lawyer of the Year in 2018 for insurance law, in 2017 for securities litigation, in 2012 for insurance law, and in 2009 for bet-the-company litigation. He volunteers pro bono service in child dependency cases, protecting the rights of children who are victims of abuse, abandonment and neglect. He received the 2017 John Edward Smith Child Advocacy Award from Lawyers for Children America.
- Numerous public companies and officers or directors in class actions for securities fraud in (i) initial public offerings, (ii) secondary public offerings, (iii) public disclosure filings and (iv) alleged insider trading.
- The executive chairman of an environmental remediation company in a D&O liability adversary proceeding, winning motion to dismiss.
- High profile directors and officers of a bankrupt body armor company in a U.S. adversary proceeding in coordination with the defense of a Canadian shareholder securities fraud class action, winning motion to dismiss.
- Former officers and directors of debtors in multiple adversary proceedings by trustees in bankruptcy involving (i) dairy products, (ii) offshore gambling cruises and (iii) cruise lines.
- Conducting an internal investigation on behalf of a U.S. public company in response to whistleblower allegations at its Russia-based subsidiary concerning the FCPA, UK Bribery Act and local tax laws.
- Underwriters in a securities class action arising out of a U.S. $50 million IPO for a social networking company before the federal district court and appellate court, approving dismissal with prejudice.
- The CEO of a special purpose acquisition company and family trust in a shareholder action for fraud and conspiracy.
- The outside directors of a bankrupt outsourcing of professionals public company on breach of fiduciary duty claims (Maryland law) by the liquidating trustee, winning motion to dismiss.
- A bank holding company, its officers and directors for many years in all proxy contests, tender offers, securities fraud class actions, § 13(d) actions and breach of fiduciary duty claims.
- A financial institution and its officers and directors in a series of related securities class actions, SEC investigations, bankruptcy proceedings and breach of fiduciary duty litigation arising out of a U.S. $75 million loss resulting from false and misleading financial statements for a government securities company engaged in repurchase transactions.
- A medical corporation as nominal defendant in multiple derivative actions arising from a securities class action based on unrealized sales expectations, winning motion to dismiss.
- The special committee of the board of a medical products company investigating a shareholder demand arising out of a steep decline in stock price.
- The special litigation committee of a board of a public real estate developer investigating communities destroyed by hurricane.
- The special litigation committee of a board of a large private security company investigating level of compensation, benefits and interest in a potential merger by the founder and CEO of a company.
- Inside directors and officers in various matters, including an investigation by a special litigation committee, a federal securities fraud class action and a related state derivative action arising out of the write-off of approximately U.S. $900 million and abandonment of a non-utility business.
- Officers and 50% shareholders in multiple closely held corporate control disputes and derivative lawsuits for mismanagement or dissolution in several industries: (i) dairy, (ii) sugar cane, (iii) petroleum engineering and (iv) commercial real estate.
- Investment advisors in actions by investors in both the Madoff and the Rothstein Ponzi schemes.
- Officers of a super-regional bank in a Florida securities fraud claim by bank borrowers based on purchasing holding company stock before FDIC receivership, winning motion to dismiss.
- A jewelry supply company and its board of directors in a Delaware class action arising out of a reverse stock split.
- A company, its officers and directors in putative Delaware and Florida class actions to enjoin a U.S. $3.8 billion merger of commercial real estate holding companies.
- Advising individuals and corporations on D&O policy terms, coverage and other insurance issues.
- A Florida homeowner insurance company in a Division of Administrative Hearings petition over terms of conditions for a withdrawal plan involving 1.2 million policies.
- A U.S. life insurance carrier in efforts to withdraw from the Latin American market due to changes in laws and fraud by a policyholder agent.
- A super-regional bank in a breach of fiduciary duty and fraud action by an insurance holding company for a failed Florida insurer over the value of unadmitted capital assets held by bank.
- The largest (unrelated) U.S.-based life insurance holding companies and their insurance subsidiaries in multiple joint RICO investigations by the Florida Department of Insurance and Florida Attorney General into insurance sales practices based on alleged churning, improper replacement and vanishing premiums.
- Life insurance companies in investigations by the Florida Department of Insurance and parallel class actions by policyholders into insurance premiums based on race.
- A national life insurance company in an investigation by the Department of Insurance into retail sales practices in Florida and a class action for U.S. $400 million predicated on alleged fraud in the sale of limited partnerships.
- A U.K.-based insurance companies in litigation with respect to the Latin American and Caribbean distribution system, regulatory and commercial issues.
- A New York law firm in claims for U.S. $300 million based on breach of fiduciary duty, attorney malpractice, breach of contract, federal securities fraud and RICO matters in parallel state and federal proceedings arising out of the receivership of an insurance company.
- Puerto Rico family charitable foundation and members in RICO action against former trustees’ counsel, directors, officers and commercial property managers for mail fraud, wire fraud, Civic Code breach of fiduciary duties and conspiracy.
- Members of Argentine and Bolivian family, and estate, in cross-border litigation over frozen bank accounts in Florida and Cayman Islands.
- Argentine heir against other heir and controlled U.S. companies regarding real estate and intangible assets of father’s Argentine estate hidden under Netherland Antilles and Panamanian bearer share companies.
- Panamanian bank in fraudulent mortgage action by judgment creditor.
- Central American new car distributor in recovering funds embezzled by former managing director and placed in personal U.S. accounts.
- U.K. investors in property dispute over section corners.
- U.S. business broker regarding failure to pay brokerage/finder’s fee in sale of U.K. tea company.
- The Legal 500 United States
- Best Lawyers, Miami Lawyer of the Year for Insurance Law - 2018
- Best Lawyers, Bet-the-Company Litigation; Commercial Litigation; Securities Litigation; Insurance Law; Banking & Finance Litigation; Trusts & Estates Litigation – multiple years
- Best Lawyers, Miami Lawyer of the Year for Litigation – Securities - 2017
- Best Lawyers, Miami Lawyer of the Year for Insurance Law - 2012
- Best Lawyers, Miami Lawyer of the Year for Bet-The-Company Litigation - 2009
- Chambers USA: America’s Leading Lawyers for Business as a leading individual for Commercial Litigation
- Florida’s Top Lawyers, Top Lawyers in South Florida, Florida Trend’s Legal Elite, The Legal 500 and as a “Super Lawyer” (Securities Litigation, Business Litigation, International)
- Lawyers for Children America, John Edward Smith Child Advocacy Award - 2017
- Lawyers for Children America, John Edward Smith Child Advocacy Award - 2013
- 34th Annual Federal Securities Institute (2016): “New Developments in Private Litigation”
- 36th Annual Federal Securities Institute (2018): “M&A Litigation – Is Trulia Being Followed?”
- “Cross-Border Litigation – The Devil is in the Details” The Corporate Counselor, May 2017
New York; District of Columbia; Florida
U.S. District Court, Middle District of Florida; U.S. District Court, Northern District of Florida; U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Eleventh Circuit
Clerk, Hon. Peter T. Fay, U.S. Circuit Court of Appeals, Fifth Circuit, 1980-1981
Clerk, Hon. Peter T. Fay, U.S. Circuit Court of Appeals, Eleventh Circuit, 1981
J.D., high honors, University of Florida Levin College of Law, 1980; Order of the Coif; Editor-in Chief, University of Florida Law Review
B.S., United States Naval Academy, 1972
June 1, 2018|Press ReleaseStroock Receives Honors in 16 Practices from The Legal 500 United States 2018:
38 Stroock Lawyers Recognized
May 3, 2018|Press ReleaseStroock Ranked in 11 Practice Areas by Chambers USA 2018; 29 Leading Lawyers Recognized
January 10, 2018|Press ReleaseLewis Murphy Receives 2017 John Edward Smith Child Advocacy Award
August 15, 2017|Press Release47 Stroock Partners and Counsel Named to Best Lawyers in America for 2018
June 1, 2017|Press ReleaseStroock Earns Top Tier Rank in 11 Practices by Chambers USA 2017: 30 Leading Attorneys Recognized
August 23, 2016|Press ReleaseStroock Miami Litigator Lewis F. Murphy Recognized as ‘Lawyer of the Year’ for a Third Time
August 15, 2016 |Press Release47 Stroock Partners and Counsel Named to Best Lawyers in America for 2017
May 27, 2016 |Press ReleaseStroock Ranked By Chambers USA For 2016
August 17, 201545 Stroock Partners and Counsel Named to Best Lawyers in America for 2016
July 22, 2015Stroock Continues Expansion of Litigation Practice with Addition of Lewis F. Murphy
July 18, 2018|Stroock Special Bulletin“Florida Adopts the In Re Trulia Standard for Disclosure-Based M&A Transaction Settlements”May 2017|The Corporate Counselor