Hon. Kevin J. Murphy (Ret.)


Following 28 years on the bench which led to the Santa Clara Trial Lawyers Association’s Lifetime Achievement Award, Judge Murphy joined ADR Services, Inc. in June 2011. During the past 12 years, he has become one of the leading mediators, arbitrators, and discovery referees in the State of California.

Notably, while on the Superior Court, Judge Murphy held a number of key assignments including Discovery Judge, Case Manager for three years, where he conducted law and motion hearings and oversaw settlement conferences, and in 2008 was the Supervising Judge of the Civil Division of the Court.

Most importantly, as a trial judge, Judge Murphy presided over 1,000 court and jury trials involving a wide variety of topics including trade secrets, business contracts and dissolutions, employment discrimination, and real estate.

While serving as a Superior Court Judge, Judge Murphy also held the position of Adjunct Professor of Law at Santa Clara University School of Law teaching classes in Civil Remedies and Ethics.


Given his extensive background as a judge and law school professor, Judge Murphy mediates a wide variety of cases with special emphasis on employment/labor, business, real estate, legal and medical malpractice, sexual assault torts, and complex litigation disputes including class actions. He has achieved a high settlement rate due in part to a willingness to discuss mediations with counsel prior to the mediation date and his relentless follow-up of any unsuccessful mediation done without cost to the parties.

Judge Murphy’s philosophy about mediations includes his belief that, when possible, the parties are entitled to an honest evaluation of the lawsuit. Drawing upon 28 years of experience as a judge, and 12 years as an arbitrator and reference trial judge, he evaluates each case with an eye towards the probable trial result. In appropriate situations, he will offer opinions about potential trial outcomes.


During his time with ADR Services, Inc., Judge Murphy has been selected to serve as an arbitrator in over 200 cases. A number of those cases have proceeded to arbitration hearing including lawsuits addressing dissolution of corporations, legal and medical malpractice, residential and commercial real estate, business contract disputes and in one instance an action brought by approximately 100 customers against a nationwide food delivery technology company for discriminatory pricing.

Judge Murphy is known as an arbitrator that strictly applies the law and who refrains from making unsupportable compromise decisions for inappropriate reasons, such as a desire for return business. In a June 9, 2023, Daily Journal article about Judge Murphy, titled “Genuinely Honest,” Judge Murphy was quoted as saying, “I’d rule against my own mother at an arbitration if the law and the facts supported such ruling.”


As a result of having been appointed to serve as discovery referee by the Federal courts and California State Courts in eight counties, Judge Murphy has handled over 100 discovery cases. Those appointments oftentimes involved multiple parties and issues involving various privileges and rights of privacy. His approach to discovery is to strictly apply the appropriate discovery laws and, recognizing the need to promptly move cases to trial, to issue reasoned decisions within five days of submission.


In addition to discovery reference assignments, Judge Murphy has, among other things, conducted reference trials, administered non-profit elections, decided attorney fee disputes, and apportioned damage awards.


Judge Murphy has been selected by government agencies and employees to conduct discipline hearings on a number of occasions including case involving a County action against a Deputy District Attorney for violating criminal discovery laws, a School District proceeding against an employee for stalking another employee, and a School District allegation against a teacher for sexual harassment.


As a result of court appointments, Judge Murphy has administered four elections for nonprofit organizations. Three of the elections involved contested board elections at religious organizations (Sikh and Muslim religious communities), and the fourth election was for the Board of Directors of a charity for the physically challenged.


  • 1989-2011 Superior Court Judge, Santa Clara County
  • 1995…. Supervising Superior Court Judge Criminal Division
  • 2003…. Supervising Superior Court Judge Criminal Division
  • 2006…. Superior Court Discovery Judge
  • 2008…. Supervising Superior Court Judge Civil Division
  • 1983-1989 Municipal Court Judge Santa Clara County
  • 1973-1983 Deputy District Attorney Santa Clara County


Judge Murphy was an Adjunct Professor of Law at Santa Clara University School of Law for nine years, teaching classes in Legal Ethics and Civil Remedies. He has also lectured extensively to law firms, bar associations, and through CLE presentations on the subjects of trial tactics, legal ethics, arbitrations, and judicial references.



  • Public employee discrimination lawsuit filed by an administrator against the Superior Court; settled at mediation.
  • Retaliation action brought by employee against a chain of health clubs alleging that she was fired for reporting contaminated water in the swimming pool; arbitrated for five days.
  • Class action mediation brought by employees against the owner of over 200 retirement communities, resolved at mediation. Primary issues were the failure to pay overtime and permit legally entitled meal and rest breaks.
  • PAGA action filed against owners of three Bay Area hotels; resolved at mediation. Primary issues were uninterrupted breaks and failure to pay for all hours worked.
  • Age and disability discrimination filed by professor against a medical school; settled at mediation.
  • Retaliation claims filed by accountant against large corporation. Accountant claimed he was terminated for revealing that company was publishing false financial reports. Dispute resolved at mediation.


  • Breach of contract lawsuit pending for four years brought by owner of a San Francisco Club against landlord and co-tenant, a large restaurant chain, for damage caused by failure to maintain plumbing that resulted in flooding and major mold damage. Settled prior to jury selection through a mediator’s proposal.
  • Arbitration action brought by multiple parties against a nationwide food delivery technology company alleging discriminatory pricing.
  • Dispute over proper membership of the Board of Directors of a nonprofit corporation and claims of legitimacy by two separate groups.  Resolved through arbitration.
  • Breach of contract dispute involving United States and Chinese companies over product distribution worth approximately $20 million dollars.
  • Lawsuit filed by two Fortune 500 technology companies against defendants alleging falsification of orders and invoices and use of fictitious business names to defraud plaintiffs into extending lower prices. Additionally, the defendants were charged with selling counterfeit products. Resolved at mediation.


  • Lawsuit filed by guardian of wheelchair bound physically and mentally disabled adolescent against college for multiple sexual assaults perpetrated by employee. Assaults included a rape of the victim in the handicapped section of a public restroom. Case settled at mediation.
  • Case involving injury caused by an improperly secured concrete item falling from a truck and striking the plaintiff, resulting in permanent paralysis. As a result of the injury, plaintiff was confined to a wheelchair and unable to work. Case resolved for a large 7-figure number at mediation.
  • Negligence action against company that maintained aircraft that crashed and caused significant injures to two occupants. Primary issue was whether crash was a maintenance failure or pilot error. Case resolved at mediation.
  • Airplane crash leading to two deaths and the destruction of two homes. Primary issue at arbitration was the proper interpretation of insurance coverage.
  • Lawsuit brought by several parents against School District for the sexual molestation of their elementary school children by a teacher. Case settled at mediation.
  • Two mediations involving allegations of sexual molestation of children by representatives of two major religious organizations.


  • Action filed against one of the top three United States banks for financial abuse. The bank negligently allowed the plaintiff’s bank account to be drained of over a million dollars by a scam artist. Primary issues were liability and causation. Case resolved at mediation.
  • Lawsuit involving senior citizen facing foreclosure proceeding involving home and business resulting from reverse home mortgage. Primary issue was whether party had been defrauded when signing mortgage documents. Lawsuit resolved at mediation.
  • Two 80-year-old plaintiffs faced foreclosure of their home because of a contract they allegedly signed in order to obtain a home improvement loan. The primary questions focused on whether the key document was in fact signed by the plaintiffs and, if signed, whether they were misled about the meaning of the contracts. Settled at mediation.


  • Lawsuit filed against a large law firm for negligently handling three separate litigations. In connection with one case, the trial attorney failed to appear for trial and when an appearance was finally made, he was unprepared, leading to the plaintiff being found liable. Settled at mediation.
  • Arbitration claim filed against law firm for the negligent preparation of trust documents and the failure to cure the negligence once it was discovered. The plaintiff alleged that as the result of the negligence, she became involved in two separate lawsuits resulting in damages in the form of attorney’s fees and diminished property values which were tied up because of the two litigations. Case was arbitrated and the primary issues were causation and the proper calculation of damages.
  • Two legal malpractice actions alleged against tax law firm; settled at mediation.
  • Legal malpractice case alleged against employment attorney for giving incorrect advice regarding the question of whether employees were in fact employees or independent contractors. Settled at mediation.
  • Legal malpractice action against family law attorney regarding whether proper custody advice was given. Case was arbitrated for three days.


  • Arbitration involving surgical procedure where the doctors, due to a failure to review all medical records, removed the wrong fallopian tube.
  • Arbitration where plaintiff agreed to hysterectomy, but during the surgical procedure, the doctors removed claimant’s appendix and excised an exterior mole. The primary issue was whether consent was properly given for the surgical procedures not specifically authorized.
  • Lawsuit against hospital and individual doctor where the parents of a minor contended that there was a failure to properly diagnose child’s mental condition leading to improper prescribing of medication.  Settled through mediation.
  • Wrongful death action against a hospital by parents for failing to send medical helicopter to accident scene in time to save their child’s life. Resolved through mediation process.


  • Case filed by home purchaser against seller, real estate broker, and escrow company for damages resulting from, among other things, the failure to file the correct documentation, preparation of false documents, and failing to reveal known property damage. The case had been pending for three years and had been through a prior mediation. Case settled at mediation.
  • Easement violation action alleged against a utilities provider involving claims of property damage and violations of injunctions; resolved at mediation.
  • Neighbor dispute regarding location and scope of several easements impacting landscaping and access to one property settled at mediation.
  • Real estate partnership dissolution action involving the proper valuation of both real and personal property settled through mediation.
  • Sale of private school, including real property, that lead to claims of nondisclosure and improper representation of value. Settled at mediation.


  • Five family member disagreement regarding the proper administration of trust and distribution of property. Assets valued at over $10 million dollars. Case settled.
  • Probate dispute over proper ownership of well-known bakery company that involved both family members and third parties; mediated.
  • Four siblings disputed the proper distribution of parents’ estate. The primary issue was whether the will was forged by one of the parties. Resolved at mediation.

Representative Cases


  • Contract dispute involving over 1 million dollars between two companies. There were multiple factual issues and finally a complicated settlement involving a resolution of all issues except attorneys’ fees. The fee issue was separated out for arbitration.
  • Settled a mediation involving the sale of a business and the terms of an Asset Purchase Agreement. There were complicated factual and legal issues relating to the APA and a companion employment agreement. The case resolved for a high six figure amount.
  • Complicated contract dispute involving the value of shares and compensation for a partner in an Investment Company.
  • Mediated numerous contract disputes between business entities including lawsuits concerning sales agreements, service contracts, warranties, and factoring agreements.
  • Presided over a class action lawsuit filed against a “Fortune 500” company regarding the sale of digital security certificates. The case settled for over 37 million dollars.
  • Mediated and resolved a breach of commercial loan action between a large bank and a major agricultural concern involving over 3 million dollars.
  • Arbitrated a breach of contract lawsuit filed against a large San Francisco Home Owners Association (HOA) by a property maintenance corporation.
  • Resolved discovery dispute between a United States corporation and an East European corporation involving trade secret and attorney work product issues.
  • Successfully mediated two predatory lending lawsuits involving million dollar settlements filed against two large United States banks.
  • Mediated numerous foreclosure actions between lending institutions and owners of commercial properties. Most settled.
  • Mediated a number of corporate dissolution cases including one that involved a shareholder dispute and allegations of fraud and breach of fiduciary duty.
  • Resolved a lawsuit involving allegations of negligence and contract interpretation dealing with a variable annuity agreement.
  • Acted as Discovery Referee in a lawsuit involving a cross licensing agreement that involved tax privilege, attorney client privilege, and privacy questions. There was a significant amount of E-DISCOVERY involved.
  • Arbitrated securities disagreement between investor and financial services company.
  • Settled a partnership dispute involving two related businesses that promote boxing and mixed martial arts events. The principal issues were breach of fiduciary duty claims and proper valuation methodology.
  • Handled shareholder derivative action against a large San Francisco corporation. The primary issues dealt with allegations that the controlling shareholders approved a loan for themselves breaching their fiduciary duty, and the proper method to value corporation assets.
  • Handled joint venture buy out dispute involving large California health club. Case involved allegations of fraud and mismanagement.
  • Settled commercial property ownership dispute involving questions of which owner was responsible for environmental violations and how to properly value and apportion assets.
  • Settled negligence and breach of fiduciary duty lawsuit filed against a large bank by the owners of five restaurants.
  • Handled business dispute involving co-owners of a restaurant. The issues included correct interpretation of the relevant contract and proper methods for buyout and determining ownership valuations.
  • Settled a business sale dispute involving a large California gambling establishment. The primary issue was the interpretation of the contract's buyout provision.
  • Settled a business sales dispute involving sale of dental practice.
  • Arbitrated a lawsuit filed against a drug treatment program where plaintiff claimed false misrepresentations to induce signing of contract.
  • Arbitrated a breach of contract lawsuit filed by medical office against medical services corporation.
  • Arbitrated a breach of contract lawsuit involving sale of dental practice.
  • Arbitrated a partnership dissolution involving real estate investment company.
  • Arbitrated breach of contract dispute between an American multi-national semiconductor and telecommunications corporation and a start up company.
  • Successfully mediated a contract dispute between a winery and a vendor that sold inventory software.

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Class Action

  • Class action labor code arbitration that involved numerous discovery motions, certification issues, and ultimately a settlement in excess of 25 million dollars.
  • Mediation that resolved a class action against a Medical Corporation.
  • Mediation settled class action against painting company.
  • Mediation settled class action involving delivery service business.
  • Bench Trial: Class action trade secret case.
  • Mediation: Class action lawsuit against manufacturer of line of clothing dealing with violation of labor law and contract conditions. Case settled at mediation for over 3 million dollars.
  • Mediation: Class action lawsuit against large produce company for alleged violations of labor laws. Settled with mediator follow up.
  • Mediation: Class action for invasion of privacy based on surreptitious recordings of conversations. Settled with mediator follow up.
  • Arbitration: Class action against one of the two largest mail delivery companies for labor code violations.
  • Arbitration: Class action against Health Club for violation of employment laws i.e. discrimination based on sex and age.
  • Arbitration: Class action against limo business for unfair business practices.

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  • Appointed Discovery Referee in 7 California Counties and the Federal District Court.
  • Acted as Discovery Referee in multiple trade secret cases involving e-discovery.
  • Appointed Discovery Referee in several Family Law matters.
  • Acted as Discovery Referee in Defamation lawsuit.
  • Acted as Discovery Referee for a case involving a lawsuit filed by the University of California against an out of state accounting corporation alleging actuarial malpractice. Consisted of multiple motions relating to privacy and trade secrets.
  • Acted as Discovery Referee for lawsuit between two large medical corporations. Primary issues were protection of private patient information and proprietary information, and establishing a court approved discovery plan.
  • Appointed by the Court to establish and administer a Discovery plan in malpractice lawsuit involving parties from two states. The Case involved extensive e- discovery issues and privacy issues.
  • Appointed Discovery Referee in a multiple party trade secret litigation. Case involved e-discovery issues in the context of third party privacy rights, confidentiality, and trade secrets.

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Division of Settlement Proceeds

  • Judge Murphy has handled several Division of Settlement matters. In one case, Judge Murphy was appointed via a Special Reference to decide how the settlement amount was to be divided between family members following a wrongful death settlement resulting from the death of two people caused by a drunk driver. Testimony was taken over two days. In another case, via stipulation, Judge Murphy determined the division of settlement funds following complex litigation fees. The dispute involved attorney's fees, among other issues. Judge Murphy has also mediated several cases involving the apportionment of insurance payments following the settlement of property damage cases.

Eminent Domain

  • Resolved Eminent Domain lawsuit pertaining to the California Bullet train.
  • Settled multiple lawsuits dealing with the proper valuation of medical and dental practices.
  • Settled multiple lawsuits involving a metropolitan transportation agency.
  • Mediated lawsuit involving Cal Train.
  • Successfully resolved 5 cases involving proper property valuation.
  • Handled four eminent domain cases involving metropolitan transit agency and private property owners. Three cases resolved by mediation.
  • Mediated six eminent domain lawsuits where the primary issue was proper valuation. Five of the disputes resolved.

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Employment - Labor

  • Labor Code class action/PAGA lawsuit against a producer of organic food that was settled.
  • The plaintiff accused the Company of discriminating against him because he was Chinese. The case settled with a mediator's proposal.
  • Sexual harassment case involving 5 male victims who were subject to sexual assaults.
  • Settled a sexual harassment case where a medical assistant charged a doctor with sexual abuse.
  • Settled a disability discrimination case and whistleblower lawsuit (heath violations including water pollution) involving a company from Mexico with a plant in the San Joaquin Valley for just under 1 million dollars.
  • Mediated and resolved a discrimination lawsuit filed against four Monterey County restaurants.
  • Resolved an age discrimination case filed against a large pharmaceutical corporation.
  • Provided neutral evaluation to parties involved in an age discrimination lawsuit filed against a large social club.
  • Settled a disability discrimination action filed against a large HOA.
  • Resolved a gender discrimination and sexual harassment lawsuit filed against a large auto dealership.
  • Settled a sexual orientation discrimination dispute filed against an automobile service corporation.
  • Arbitrated a race and gender discrimination lawsuit filed against one of the two largest United States exercise franchises.
  • Has handled numerous labor code violation actions including one against a popular San Francisco restaurant, and a class action lawsuit filed against a large private California transportation company.
  • Settled an age discrimination claim filed against a large California county.
  • Mediated and resolved a large number of wage and hour disputes involving overtime, meal and rest break, and proper documentation issues filed against a wide variety of businesses.
  • Arbitrated wrongful discharge case based on religious discrimination.
  • Hearing Officer in personnel discipline appeal. Conducted a four day evidentiary hearing and made recommendation to County Personnel Board.
  • Arbitrated a wrongful discharge action against a car dealership with allegations of retaliation for reporting law violations.
  • Settled a disability discrimination action filed against a mid-­‐size corporation.
  • Settled an employment discrimination and labor law action against a health care corporation.
  • Settled a wrongful discharge action against one of the top three US oil companies based on allegations of race and age discrimination.
  • Settled a multiple-­‐plaintiff labor code violation action filed against motel chain.
  • Settled a wrongful discharge action based on discrimination, pregnancy.
  • Settled a violation of state health and labor law case alleged against a private health care provider.
  • Settled a misrepresentation to induce acceptance of employment and breach of employment contract case filed against a top three pharmaceutical corporation.
  • Settled a sexual harassment action filed against a large private health care provider.
  • Settled an age discrimination action filed against a large medical research corporation.
  • Selected to arbitrate a class action lawsuit filed against a transportation company for California labor Code violations.
  • Settled a wrongful termination claim against a California State agency.
  • Settled a discrimination and retaliation claim against a Multi-National Information Technology Corporation.
  • Mediated an employee discrimination case alleged against Stanford University.
  • Arbitrated an employee disability discrimination and failure to accommodate case against a National Restaurant Chain.
  • Settled a lawsuit filed against a Santa Cruz County Hotel by an employee alleging race and gender discrimination.
  • Settled a disability and age discrimination case alleged against a large hostile chain.
  • Settled a matter involving allegations of discrimination based on gender and physical disability for close to 1 million dollars.

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  • Mediated and resolved a water dispute between a county and a private water district.
  • Acted as a Neutral Evaluator at a mock trial involving rate and constitutional water issues between a large California water district and a governmental customer.
  • Was assigned all CEQA cases in Santa Clara County in 2009 and 2011.
  • Mediated soil contamination case filed against owners of multiple properties.
  • Sat as a Mock Trial judge and provided a neutral evaluation of a lawsuit filed by 10 counties against five large corporations for environmental and structural contamination.
  • Presided over a discovery dispute between a State Water Board and three cities, landowners, and the Sierra Club.
  • Trial judge for a lengthy water rate litigation brought against a large water district by a private company involving water rate and water volume issues. Extensive geological testimony about condition of aquifers was presented.
  • Mediated property ownership dispute between a Southern California County and a Water District.

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Fee Dispute

  • Arbitrated numerous cases involving legal fees and costs.
  • Mediated multiple disputes over legal, medical, and other professional fee disputes.
  • Arbitrated fee dispute between lawyers in a class action lawsuit.


  • Handled numerous cases involving a variety of administrative writs.
  • Arbitrated action filed by a Community College District against multiple contractors.
  • Mediated wrongful death action against State Department of Corrections.
  • Discovery Referee for lawsuit filed by the State University system against an investment entity.
  • Mediated and resolved several wrongful death actions filed against law enforcement agencies.
  • As a mediator and trial judge has dealt with eminent domain actions.
  • Mediated a variety of tort claims against city, county, and state governmental entities.
  • Resolved multiple excessive use of force cases as a judge and mediator.

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  • Arbitrated multiple actions involving billing issues between healthcare providers and insurance companies.
  • Presided over Writ proceedings and ex parte involving administrative peer review decisions impacting doctors.
  • Mediated lawsuit between a doctor and the corporation over proper distribution of profits.
  • Mediated dispute over billing procedures involving insurance companies and vendors.
  • Multi‐party lawsuit between medical practice, insurance company, and vendors involving billing, payment, and coverage issues.
  • Mediation of an ambulatory surgical center suing an insurance company over payment and coverage issues contract interpretation questions were at the heart of the litigation.
  • Mediation of a corporation dissolution dispute involving a home care agency, including breach of fiduciary duty, violation of Medicare billing policies, and questions about proper response to a Joint Commission evaluation.
  • Selected to Arbitrate a dispute between the largest California health insurance provider and the owner of several medical clinics over managed care payments for primary care physicians with specialty designations under the Affordable Care Act.

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Medical Malpractice

  • Settled a medical malpractice mediation involving the plaintiff's allegation of a misdiagnosed stroke.
  • Wrongful death of a minor alleged against a major hospital chain.

Mock Trials

  • Lawsuit between 2 fortune 500 companies.
  • Dispute between 2 Southern California utility companies.
  • Environment action filed by multiple government entities against major produces of toxic product.
  • Trade Secret and defamation action filed by Fortune 500 Company against inventor-employee.
  • Discrimination proceedings against large social club.
  • Investigation of gender discrimination action against large silicon valley company.

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Personal Injury

  • Lawsuit against School District involving teacher who sexually molested multiple 4th and 5th grade students over a ten-year period of time. Primary issue was the question of District Responsibility. Case settled at mediation for 5M.
  • Mediated a sexual assault dispute involving the rape of a mentally and physically disabled woman by an instructor at her community college. A settlement over $7 million was reached mediation.
  • The arbitrator was asked to divide the settlement proceeds from a personal injury case among the plaintiffs.
  • Resolved through mediation a wrongful death action filed against the State of California for the negligent release of a prisoner who then committed a murder.
  • Settled a wrongful death action filed against a large police department.
  • Mediated a lawsuit filed by a bicycle rider who suffered major injuries resulting from driving over a raised surface. The action was filed against a corporation and two cities.
  • Mediated a vehicle negligence case filed against the State of California. The plaintiff lost the use of a hand.
  • Handled a variety of sexual abuse cases involving charges against members of the clergy and, in one situation, allegations against a group children’s home.
  • Arbitrated a multi-million dollar lawsuit filed against a hospital and its employees for negligence that led to the birth of a physically and mentally impaired child.
  • Resolved a large variety of personal injury cases including lawsuits against public transit agencies, dog bite cases, product liability actions, and excessive force claims against law enforcement agencies.
  • Settled an intentional and negligent infliction of emotional distress action filed against a funeral home for delivering cremated remains to the wrong party. The resolution involved not only monetary compensation, but Judge Murphy structured a new protocol for disposing of remains and visited the defendant’s business to assure compliance.
  • Settled wrongful death action brought against the State of California.
  • Settled severe injury, loss of hand, personal injury case filed against a California State University.
  • Sexual Abuse of Minor: This case involved the molestation of a minor by a relative. She was molested sexually multiple times from the age of 5 to 10. She, and her parents, filed a lawsuit against the perpetrator. The case settled at mediation.
  • Settled a child molestation sexual assault matter where the defendant was sued for molesting 9-year-old over long period of time.
  • Mediated and resolved an age and discrimination suit brought by multiple plaintiffs against a large non-profit corporation.
  • Settled a disability discrimination case alleged against a large Silicon Valley Corporation.

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  • Mediated numerous lawsuits involving disputes over family property and trusts.
  • Mediated lawsuit involving dispute over ownership of well known bakery.
  • Mediated multi-­million dollar family trust dispute. Primary issues were valuation of property and proper determination of set offs.
  • Mediated a Probate/Real Property dispute involving lawsuit between mother and one daughter versus a second daughter.

Professional Malpractice

  • Successfully mediated several legal malpractice lawsuits involving a variety of negligence claims including malpractice allegations in family law, estate planning, and sales of real estate.
  • Arbitrated many medical malpractice actions including several wrongful death actions, use of defective medical device claims, and negligent delivery cases.
  • Mediated and settled medical malpractice disputes including one that involved failure to diagnose a life threatening condition and another involving negligent delivery of a premature child.Mediated and settled medical malpractice disputes including one that involved failure to diagnose a life threatening condition and another involving negligent delivery of a premature child.
  • Mediated dental malpractice action concerning cosmetic procedures.
  • Presided over malpractice action against accountant.
  • Discovery Referee in litigation dealing with actuarial malpractice.
  • Resolved dispute against financial advisors for failure to recommend proper funding of several retirement plans.
  • Arbitrated medical malpractice action against a hospital and surgeon where the plaintiff claimed that inferior implants were used because of economic benefits conferred on the doctor by the manufacturer.
  • Has arbitrated and mediated a large number of fee disputes between lawyers, and between attorneys and clients.
  • Settled malpractice action against Family Law attorney.
  • Settled legal malpractice mediation based upon a claim of misinterpretation of federal law.
  • Settled legal malpractice lawsuit based on statute of limitation violation.
  • Presided over 3-day legal malpractice arbitration.

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Real Estate

  • Mediated a number of disputes involving the sale of residential property. Two cases involved multi-million dollar properties with claims of fraud for failing to reveal structural defects. The cases resolved.
  • Achieved a global settlement of a residential sales lawsuit filed by buyer against the seller, the seller’s agent, and the buyer’s own lawyer. In addition to multiple defendants, two insurance companies were involved.
  • Mediated real estate sales dispute in San Mateo County dealing with the failure to reveal the shifting soil condition.
  • Resolved dispute between seller and buyer of commercial real estate concerning the failure to disclose soil contamination.
  • Mediated several HOA disputes. Settled a dispute between owner and HOA involving allegations of retaliatory eviction for filing a discrimination claim.
  • Mediated a trust distribution dispute involving multiple parcels of real property.
  • Resolved a lawsuit involving a claim of fraud in the sale of out-­of-­state commercial property.
  • Resolved several landlord tenant disputes dealing with both commercial and residential properties. Settled a multiple million-dollar breach of lease action.
  • Mediated several eminent domain actions involving both issues of proper taking and correct valuation. Presided over several eminent domain trials.
  • Settled a number of foreclosure actions involving residential and commercial property.
  • Resolved several cases with easement issues. One litigation involved a seller failing to disclose a water use easement.
  • Settled disability discrimination lawsuit filed by homeowner against a HOA. Issues of proper accommodation.
  • Settled partition action involving real property and family trust.
  • Settled landlord tenant case involving commercial property.
  • Settled improper mortgage foreclosure and collections actions filed against major US bank.
  • Settled HOA dispute between homeowner and association. The homeowner was considered disruptive of the community and allegedly had mental issues.
  • Mediated and settled three multi-million dollar lawsuits filed against large national banks involving allegations of wrongful foreclosure and collection practices.
  • Mediated five lawsuits involving buyers of real property alleging willful failure to disclose material defects. Three of the cases settled.
  • Mediated an ownership dispute over five pieces of commercial property. The primary issue was proper valuation for buyout of partnership interest.
  • Mediated four cases involving HOA disputes. Three of the four cases resolved at mediation. The cases were of varying issues, including a violation of the HOA rules by converting a garage into a room, obtaining proper accommodations for disabled member who belonged to the association, a dispute with a neighbor who constantly called the police to report noise from the neighborhood children and a matter where customers of a local business created noise and parked in private driveways that were part of the association complex.
  • Mediated dispute between a Northern California City and a hotel owner regarding multiple building code violations.
  • Mediated and resolved 3 separate Homeowners’ Association disputes involving roofing maintenance, CC&R parking violations, and HOA Board election dispute.
  • Mediated a lawsuit filed by an apartment owner against the San Jose Catholic Diocese of San Jose and a parochial school for public nuisance.
  • Settled a wrongful foreclosure case filed against a large lending institution.

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Trade Secrets

  • Resolved a trade secret theft case involving two investment companies that resolved for near seven figures.
  • Presided over theft of trade secrets trial involving a dispute concerning ownership of an advanced laser technology machine used to improve skin conditions called Fraxel.
  • Presided over a five‐week trade secret lawsuit filed against one of the two largest United States banks where theft of an informational access system was contended.
  • Successfully mediated a number of trade secret theft cases involving employers alleging that employees took trade secrets and shared them with new employers.
  • Acted as Discovery Referee in two cases involving trade secret protection, work product, and other privacy issues. E‐DISCOVERY involved.
  • Granted dispositive motions brought by five large Silicon Valley corporations against another business entity involving trade secrets.
  • Handled trade secret dispute between three companies in two countries.

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“Judge Murphy was stellar – practical, polite, created clear expectations of where we were going at all points. I have noted ADR and specifically Judge Murphy for future reference. I would use Judge Murphy again in a heartbeat, and recommend him highly!”

“Judge Murphy was well prepared, patient and thoughtful. He has an excellent rapport with clients. I would highly recommend him to anyone with a difficult case.”

“Judge Murphy is the person I go to with my more difficult cases. Having a mediator who can understand the issues is half the battle with any case. He reads the papers and is prepared. He also respects the privacy of all counsel and parties and can be trusted with information which he only uses after obtaining consent. He gets results because he approaches problems in a practical no-nonsense manner and actually listens to, and communicates with, the various parties involved in a case. I will definitely recommend him to all of my colleagues. Thank you Judge Murphy!”

“Judge Murphy is superb. Solid, smart, quick. Very pleased”

“Judge Murphy is elite.”

“I very much appreciated Judge Murphy’s follow-up efforts and willingness to work with the parties to reach a settlement.”

“Judge Murphy is committed, thorough, informed, attentive, persistent and extremely effective. Maybe most importantly, he provides confidence in my clients that they can rely on his assessments. No one better.”

“Judge Murphy was fantastic, and was able to get our case that was dragging on to a resolution.”

Judge Murphy is an exceptional mediator.”