Kevin M. Murphy
Kevin Murphy serves as Carr Maloney’s managing attorney and has earned a reputation as an effective advocate and litigator. Kevin concentrates his practice in the areas of commercial litigation, estate and trust disputes, construction litigation and professional liability defense, especially the defense of accountants, lawyers, architects, brokers and fiduciaries. He has over three decades of experience in trial and appellate courts, and in arbitrations and mediations. In addition, Kevin has represented numerous clients in governmental and congressional investigations. His clients include corporations, corporate fiduciaries, beneficiaries and legatees, financial institutions, accounting firms, law firms, architects, contractors, and developers.
Kevin has been the lead attorney in many reported court decisions – several setting important legal precedents. Examples include:
- Stewart v. Wilmington Trust SP Services Inc., 112 A. 3d 271 (2015) (affirmed on appeal)
- Derringer v. Emerson, 729 F.Supp.2d 286 (2010)
- Bank of America v. Musselman et al, 240 F.Supp.2d 547 (2003)
- Kelly v. McCarrick et al., 841 A.2d 869 (Md. App. 2004)
- Doe v. Maskell, 679 A.2d 1087 (Md. 1996), cert. denied, 117 S. Ct. 770 (1997)
- Murphy v. Merzbacher, 697 A.2d 861 (Md. 1997)
- Haltiwanger v. Unisys Corp, 949 F. Supp. 898 (D.D.C. 1996)
- Beard v. Goodyear Tire and Rubber Co., 587 A.2d 195 (D.C. 1991)
- Travelers Indemnity Co. v. INA, 519 A.2d 760 (Md. 1987)
- Defended auditors who were sued by a private equity firm that purchased a large group medical practice.
- Defended a trustee and foundation director against claims to reform the trust.
- Defended a general contractor in a large construction defect claim regarding water intrusion problems in a new condominium building.
- Defended an architect against allegations of design defects in a multi-million dollar residence.
- Represented a trust and estate beneficiary in a lengthy trial asserting undue influence and related claims against the defendant.
- Defended a power saw manufacturer and national retailer in a complex product liability suit.
- Defended auditors of a hedge fund and a registered investment advisor against complex malpractice and related claims.
- Defended an attorney in litigation arising out of settlements of asbestos, personal injury claims.
- Represented an accountant for a lobbyist in a high-profile congressional investigation.
- Represented an accounting firm in a PCAOB investigation related to audits of public companies.
- Defended a contractor in claims alleging construction defects in the fire suppression system of a shopping center that was destroyed by fire.
Kevin is a Fellow of the American College of Trial Lawyers, an honor extended to less than one percent of the bar. The organization recognizes trial attorneys for mastering the art of advocacy while also maintaining the highest standards of ethical conduct, professionalism, and civility.
Martindale-Hubbell® has given Kevin its AV Preeminent® rating, earned by attorneys at the highest level of professional excellence. He also has been named to Best Lawyers in America ©, 2013-2017 editions.
- “Risk Reduction and Transfer by Architects, Owners and Contractors”; panel presentation at Perrin Conferences’ First Annual National Construction Defect Conference, November 2015.
- “Will Contests in the District of Columbia, Maryland, and Virginia,” District of Columbia Bar Association, 2012, 2013, 2014
- “Trusts: Legal Insights into the Risks and Options for CPAs re: Trust Planning and Serving as a Trustee,” Greater Washington Society of CPAs, Nov. 2010
- “Avoiding Lawsuits: What Accounting Firms Should Know,” Greater Washington Society of CPAs, March 2010
- Contributor, “ The Dangers of Dabbling,” Journal of Accountancy, Nov. 2015.
- Co-author, “Are You Liable for Defective Designs?,” Construction Today, Sept./Oct. 2013.
- “A Survey of Liability ‘Hot Spots’ for CPAs,” ABA Professionals’, Officers’ and Directors’ Liability Committee News, Fall 2009.
- Co-author, “Trust Wars—Clashes between Trustees and Beneficiaries, Maryland Bar Journal, Sept. 2009.
- Co-author, “You’ve Been Served: A Guide for Accountants,” Law 360, Aug. 7, 2009.
- Co-author, “Seven Defense Steps to Avoiding Accounting Malpractice Claim,” CPA Magazine, June 1, 2009.
- Co-author, “Avoiding Accountant Liability for Retirement Plan ‘Administrative’ Services,” AICPA Insurance Programs E-Newsletter, Feb. 6, 2009.
- Co-author, “401(k) Plan Participants May Now Sue for Administrative Errors—Supreme Court’s Decision Changes Employee Rights,” Carr Maloney’s CNA Insurance Alert, 2008.
Kevin has been deeply involved in work for the community, including long-time service on the board of a non-profit for developmentally disabled persons, and active participation in numerous charitable organizations and events. He also provides volunteer legal services. Kevin has been active in several bar associations and legal organizations, and has served as an officer and board member.