Alameda County Bar Association (ACBA) presents Malpractice and Ethics - What I Wish I Knew.
Join ACBA Barristers Section on Tuesday May 4, 2017 at 12:00 p.m. for a program on common pitfalls, and how to avoid ethics violations geared towards newer attorneys with speakers Barbara Engler with Archi Insurance and MPB&F Shareholder Jason Fellner. The program is free for ACBA members and a light lunch is provided. For more information on the event, visit https://www.acbanet.org/calendar/.
Calif. Ruling Starts Clock Early on Legal Malpractice Suits. Shareholder Jason E. Fellner was quoted in the March 15, 2017 Law360.com article titled Calif. Ruling Starts Clock Early on Legal Malpractice Suits, which summarized the California Court of Appeal published decision, Flake v. Neumiller & Beardslee, and it's likely impact on legal malpractice claims going forward. Mr. Fellner, who obtained a complete defense of the Flake case alongside Founding Shareholder James A. Murphy, commented in the article that the court's decision is instructive for both plaintiffs and defendants in legal malpractice cases: "The question as to whether or not the attorney has continuously represented a client is one that is analyzed by both sides, either for how efficiently a claim needs to be filed or whether there is an affirmative statute of limitations defense."
In Remembrance of Former Employee Eileen J. Lenihan. On Wednesday, April 26th at 4 p.m., MPB&F will be having a dedication ceremony in remembrance of Eileen J. Lenihan. Eileen began working at MPB&F as a legal assistant when it was founded in 1978 and stayed committed to the firm until her passing on December 26, 2011. It is with great honor MPB&F names a conference room in Eileen's name. We welcome any guests who knew Eileen to attend. Please contact Sarah Tetlow (415-651-2893) for more information. [Photo: Eileen Lenihan on left and current employee Christina Cordi on right.]
Anjali Kulkarni is a now a member of the Women's White Collar Defense Association. The Association is a coalition of women attorneys and other professionals with relevant expertise who specialize in white collar criminal defense. It was founded in 1999 and has chapters in 25 locations around the world.
William Muñoz, Managing Partner of MPB&F's Sacramento office, was nominated as one of Sacramento Magazine's 2017 Top Lawyers. This special recognition will appear in the August 2017 issue of Sacramento Magazine as well as online at www.SacMag.com. We are proud of William for this accomplishment.
On Thursday, May 4, 2017, MPB&F will be volunteering at San Francisco's Raphael House
Raphael House is a 31 room family homeless shelter with a mission to help homeless and low-income families achieve stable housing and financial independence while strengthening family bonds and personal dignity. Each year 65-75 families move through their residential shelter, and over 400 previously homeless families receive post-shelter services through their Bridge Program to help prevent a return to homelessness. Raphael House is a 100% privately funded and community-supported organization. On average, 85% of families departing shelter move on to stable housing.
MPB&F volunteers will be helping to prepare and serve dinner in the kitchen on May 4th from 3:30 - 7:00 p.m. Raphael House's trained chefs on staff will guide a group of 6 volunteers through preparing a delicious meal and bringing family style plates of food to each table. They currently have over 80 individuals in the house and extra hands in the kitchen are always appreciated! Helping in the kitchen is a great team building activity as well as a rare opportunity to interact directly with the parents and children at Raphael House.
1065 Sutter Street
San Francisco, CA 94109
For more information on the Raphael House or to volunteer, please email Kellen Sarver at KSarver@raphaelhouse.org
Founding Shareholder James A. Murphy and Shareholder Jason E. Fellner obtained a complete defense in a multi-million dollar legal malpractice case after winning on summary judgment at the trial court level and prevailing again on appeal. On March 2, 2017, the California Court of Appeal, Third Appellate District, in its published decision, affirmed the trial court's decision granting summary judgment in Flake v. Neumiller & Beardslee, et al (California Court of Appeal Case No. C079790). The Court of Appeal decision will likely have long standing precedential value in evaluating statute of limitations on legal malpractice claims and is instructive in identifying when the attorney-client relationship is terminated for purposes of the tolling provision contained within the statute of limitations on legal malpractice claims. Associate Geoffrey MacBride is credited for assisting in drafting the appeal brief. The full opinion is available here: http://www.courts.ca.gov/opinions/documents/C079790.PDF
On Monday, March 20, 2017, Shareholder and former Cal football player Thomas Mazzucco attended the U.C. Berkeley Cal Bears Football Professional Round Table. Mr. Mazzucco, along with his fellow football alum, Ahmad Anderson, spoke to Cal's elite football players about their career choices, specifically in law, politics and law enforcement. The participants also covered topics about life after football and awareness of being taken advantage of if they make it to the NFL. Go Bears!
MPB&F currently has an opening for a Litigation Secretary in our Sacramento office. Ideal candidates should have a Bachelor's degree and at least five years of experience as a litigation secretary, preferably supporting multiple attorneys at a time. This position requires experience in all phases of complex litigation from beginning phases of discovery through trial and appeals, including the ability to calculate and calendar legal deadlines in accordance with statutory local, state, federal and administrative rules. Candidates should be proficient using legal technologies including Word, Outlook and Excel and be comfortable creating Table of Contents, Table of Authorities, and Jury Instructions. Experience with ProLaw or another document management system preferred. Strong candidates will have excellent communication, organization, grammar and proofing skills. Candidates should be dependable, have a positive attitude, a team player approach and the ability to interact professionally with clients.
MPB&F is excited to announce the opening of its newest physical office in Seattle, WA. The office is located at 1455 NW Leary Way, Suite 400 and Nicholas C. Larson will be the contact person. The phone number is (206) 489-5113. We look forward to continuing to serve our clients from all of our locations. [photo: pixabay.com]
On February 27, 2017, Law360.com published an article written by Jason Fellner and Charles Bahlert titled Defenses and Limits of California Consumer Protections Laws.
Another Trial Victory - Following a three week jury trial, Shareholder Jason E. Fellner and Associate Allen Kuo obtained a complete defense verdict in favor of their law firm client. Despite plaintiff's alleged damages of $1.3 million, the jury, which deliberated for less than 3 hours, determined that defendant law firm was not liable for any wrongdoing. Instead, the jury determined that plaintiff breached his contract with defendant resulting in a judgment in favor of defendant in excess of $100,000.00. (Caraway v. Taggart, et al., (Alameda County Superior Court 2016).)
Avoiding Malpractice Claims. Jason Fellner and Caitlin DiMaggio will be presenting at the San Mateo County Bar Association, Barristers Section, on Avoiding Malpractice Claims: A Primer for Both New and Seasoned Attorneys. The presentation will take place on Thursday, February 9th from 12 - 1:15 p.m. and MCLE credit is available. The event is free for members and $10 for non-members. For more information or to register for the event, please visit http://www.smcba.org/calendar
Happy 60th Birthday Tim!!! Our Managing Partner, Timothy Halloran, celebrated a milestone birthday on Tuesday, January 24, 2017. Many of the members of the family at MPBF came to honor Tim. Jim Murphy, Founding Shareholder, reminded everyone present that he has seen Tim celebrate the last four decades of milestone birthdays (30, 40, 50 and now 60 years old.) Tim's wife also came to celebrate with the MPBF family. Happy Birthday Tim and many happy returns!
After a three week jury trial, Shareholder Jason E. Fellner and Associate Caitlin T. DiMaggio secured a complete defense verdict in favor of their insurance broker client and obtained judgment against Plaintiff for all costs and expert fees incurred in defense of the case. The jury trial centered on Plaintiff's claims of elder abuse, breach of fiduciary duty, professional liability and fraud against multiple defendants and sought recovery of $20 million in emotional and economic damages. The jury deliberated for less than 2 hours and reached a verdict in favor of defendants on all counts. (Giorvas v. Grow, et al. (Santa Clara Superior Court 2016).)
After successfully obtaining an order granting Defendant's motion for summary judgment on Plaintiff's legal malpractice claim, Shareholder Jason E. Fellner and Associate Caitlin T. DiMaggio obtained a verdict and judgment in favor of their lawyer client's cross-complaint after a bench trial for unpaid legal fees in excess of $50,000.00. (Ghosh v. Steiner)
Anjali Kulkarni, Associate in MPB&F's San Francisco office, passed the International Association of Privacy Professionals (IAPP) examination to become a Certified Information Privacy Professional (CIPP/US). Check out MPB&F's Privacy & Cyber Security group for more information on how Anjali and her team can assist with your privacy needs.
One of our founding partners, Michael Bradley, and Douglas DeGrave of Poliquin & DeGrave LLP were honored by Cal-ABOTA as the Trial Lawyers of the Year. The conference was held in Waimea, HI on October 31st — November 5th.
Join Murphy Pearson Bradley & Feeney, along with many other local firms, on December 15, 2016, from 11:30 a.m. to 2:00 p.m. at the The Bar Association of San Francisco's Annual Membership Luncheon. In addition to the Inaugural Address by 2017 President Merri A. Baldwin and the Farewell Address by 2016 President Michael Tubach, there will also be the Barristers' Club President Remarks by 2016 President Blair Walsh, the Presentation of Awards of Merit, Welcome to New Board Members... and Outstanding Barrister Award. For registration information, please go to: http://www.sfbar.org/calendar/eventdetail.aspx?id=G167001/G167001
Putting for the Pipeline Tournament Win! Congratulations to the WINNERS of the 2016 Bar Association of San Francisco's Annual Charity Golf Tournament, Putting for the Pipeline. Erik Weiss and Kristin Iversen teamed up with Ed Goines, General Counsel and Vice President of Government Affairs for the Seattle Seahawks, and Dan Ruby, Associate at Reed Smith, on Friday, October 21st at TCP Harding Park. Congrats to their team on the tournament win!
Mock Trial 2016. MPB&F hosted its' annual Mock Trial at USF in San Francisco on Saturday, October 29th. We had a great turnout for this MCLE event and the participants enjoyed the real case fact pattern. All of the attorneys involved worked very hard to prepare their opening statements, closing arguments, and direct and cross examinations. The witnesses were also very knowledgeable about the facts and their characters. We look forward to hosting the annual Mock Trial again in summer 2017 and anyone is welcome to attend. Please call or email Sarah Tetlow, Marketing Coordinator at MPBF, for further information or to get on the mailing list for next year's event [(415) 651-2893 or email@example.com].
MPB&F Obtains a Defense Verdict! On Friday, October 14th following a 7 week trial in Sonoma County (Santa Rosa), Senior Shareholder Mark Perelman along with his team consisting of Director Peter Weber and Litigation Specialist Tanya Hill, successfully obtained a defense verdict for their client. The trial was a legal malpractice case involving an underlying matter related to foreclosure, eviction, and moving and storage of personal property. Plaintiff's demanded over $700,000 in a jury trial and ultimately the jury found in favor of our clients, the defendant, and the Plaintiff took nothing by way of damages. Congratulations to Mark and his team!
Mock Trial 2016. Please join our esteemed attorneys at our annual Mock Trial event on Saturday, October 29th from 8:30 a.m. - 3:00 p.m. The event will take place in the University of San Francisco School of Law in their mock trial courtroom. The event is free to attend and will include a hosted breakfast and lunch and is eligible for CLE credit. Please call or email Sarah Tetlow, Marketing Coordinator at MPBF, for further information or to RSVP [(415) 651-2893 or firstname.lastname@example.org] We hope to see you there!
August 12, 2016: The Association of Professional Women had a great turnout last night for the discussion on Leadership & Communication Skills Relating to Difficult Conversations, presented by Deana Kardel of eos Consulting. The feedback from our clients, colleagues, and the women of MPB&F has been very positive following this event, even requesting it continues as a multi-event series to be able to thoroughly engage in the discussion. It was a lot to cover in a short time period. We look forward to hosting our next event in early 2017.
We are pleased to announce that fourteen of our attorneys were recognized as "Northern California Super Lawyers 2016": Michael Bradley, Adrian Driscoll, John Feeney, Jason Fellner, John Girarde, Timothy Halloran, James Lassart, Aaron McClellan, William Munoz, James Murphy, Arthur Pearson, Mark Perelman, Harlan Watkins, and Peter Weber. Additionally, four of our attorneys were "Northern California Rising Stars 2016": Thomas D’Amato, Arthur Harris, Adrian Lambie, and Karen Stromeyer.
October 5, 2016: The Association of Professional Women is hosting a table at the PLUS Foundation Women’s Leadership Network (WLN) Event. The presentation is Redefining Leadership, with speaker Jennifer Siebel Newsom, at the Merchants Exchange Club in San Francisco. For more information on this event and to register, visit PLUSWeb.
Murphy Pearson Bradley & Feeney was voted the Best Legal Malpractice Specialty in The Recorder's 2016 Reader's Best Survey for a SEVENTH consecutive year - Thank You!
On June 30, 2016, following a two‐week bench trial, Shareholder
and Associate Caitlin DiMaggio obtained a favorable judgment for their
client, a California lawyer and law firm. In entering judgment in favor of the
defendants in full, the trial court awarded our client his costs, partial
attorneys’ fees, and expert witness fees.
Roy Miller, et al. v. Merchasin, et al. – San Francisco Superior Court
June 7, 2016: Newly elevated Shareholder Jason Fellner was quoted in 3 Things Legal Malpractice Attys Should Never Tell Clients, by Y. Peter Kang on Law360.com
May 6, 2016: Thomas P. Mazzucco earns White Collar Expert designation from Expert Guides.
Expert Guides recently published their White Collar Crime Expert edition in which Thomas P. Mazzucco was recognized as an expert in the field. Mr. Mazzucco brings extensive courtroom experience as counsel in white collar, internal fraud and federal grand jury matters to his practice at Murphy, Pearson, Bradley & Feeney. A former Assistant United States Attorney for the Northern District of California (1999-2008), and a former Assistant District Attorney for the City and County of San Francisco (1990-1999), he specializes in commercial, corporate and general litigation; white collar criminal defense; grand jury representation; and internal corporate investigations.
May 5, 2016: Shareholder Thomas P. Mazzucco re-appointed to San Francisco Police Commission
Police Commissioner Thomas P. Mazzucco was re-appointed by Mayor Ed Lee and unanimously confirmed by the San Francisco Board of Supervisors to a third term on the San Francisco Police Commission. Commissioner Mazzucco is responsible for setting policies and procedures for the SFPD, the Office of Citizen Complaints and the San Francisco Patrol Specials.
Having spent over 18yrs as Assistant United States Attorney and Assistant District Attorney for San Francisco, Mr. Mazzucco is an experienced trial attorney with an emphasis in commercial, corporate and general litigation; white collar criminal defense; grand jury representation; and internal corporate investigations.
March 29th, 2016: the German American Business Association (GABA) will be hosting a presentation on "The Age of the New Worker Model: How to Safely Navigate Legal Obstacles and Reach Your Goal of Flexibility and Scalability". The panel will be moderated by MPBF's own Simone McCormick. http://bit.ly/1PNHyFK
February 2016: Jason Fellner appointed to the Legal Ethics Editorial Advisory Board for Law360.
February 2016: Murphy Pearson Bradley & Feeney is proud to welcome Cameron Carr to the Team! Mr. Carr holds a Master of Laws (L.L.M.) degree in Taxation, which is the primary focus of his practice. Mr. Carr represents professionals in liability claims. His practice includes counseling individual lawyers and accountants, law firms, accounting firms and businesses.
Summary Judgment Granted in Favor of Lawyer Defendants Jason E. Fellner, Caitlin T. DiMaggio, and Geoffrey T. Macbride obtained a dismissal of a legal malpractice action on behalf of their lawyer defendants in San Francisco Superior Court. Plaintiff's claimed damages in excess of millions of dollars was entirely eliminated after the trial court granted defendants' motion for summary judgment on the ground that plaintiff failed to raise a triable issue of material fact on one of the essential elements of his claim - damages. In finding in favor of defendants, the trial court sustained several of defendant's objections to plaintiff's evidence and found, as defense counsel argued, that Plaintiff failed to produce any admissible evidence showing he suffered any damage caused by the alleged malpractice.
Simone McCormick was interviewed on how law firms should take steps to protect private client data by Mari Frank of Privacy Piracy Radio Show, a public affairs radio program from the University of California, Irvine.
Thomas "Tip" Mazzucco, shareholder at Murphy Pearson Bradley & Feeney and Police Commissioner for the San Francisco Police Department discussed the grand jury decisions in the Brown matter in Ferguson, Mo. and the Garner matter in New York on Street Soldiers, a radio program hosted by Dr. Marshall on San Francisco's KMEL 106.1. The video of the program is available here.
January 1, 2015: Murphy Pearson Bradley & Feeney announces the elevation of Jonathan M. Blute and Adam M. Koss to Director effective January 1, 2015. "Jon and Adam are excellent lawyers who represent the very best of Murphy Pearson Bradley & Feeney," said Timothy Halloran, Chairman of Murphy Pearson Bradley & Feeney. He added, "We are very fortunate to have outstanding associates who we want promote to the partnership."
Murphy Pearson Bradley & Feeney announces the elevation of James A. Lassart to Shareholder. "Jim is a superb trial lawyer with a great reputation. He will play an integral role in our firm's continued success," said Timothy J. Halloran, Chair of the Management Committee. "His litigation expertise, industry knowledge and commitment to exceeding client expectations adds to our firm's outstanding reputation." With extensive courtroom experience, Lassart counsels clients in white collar, internal fraud and federal grand jury matters. A former Assistant U.S. Attorney for the Northern District of California and a former Assistant District Attorney for the City and County of San Francisco, Lassart focuses on general business litigation, legal malpractice, employment litigation, fraud, defense of actions involving the Civil Rights Act, and white collar crime defense.
Murphy Pearson Bradley & Feeney expands its San Francisco office with the addition of three new attorneys: Anjali Kulkarni, Adrian Lambie, and Bryan Silverman.
Murphy Pearson Bradley & Feeney is honored to be recognized as the Best Malpractice Law Firm for a fifth consecutive year in The Recorder's Best issue. The Recorder's survey generated responses from 1,500 legal professionals - representing individuals from every level of the law firms and legal departments.
Murphy Pearson Bradley & Feeney expands its San Francisco and Los Angeles offices and welcomes six new attorneys: Angela S. Rho, Matthew B. Taylor, Geoff T. Macbride, Adam F. Sloustcher, Keith G. Adams, and Charles N. Bahlert.
February 25, 2014: San Francisco Shareholder Thomas J. D'Amato will be co-presenting Defending Claims Against Real Estate Professionals in a live webcast from Chicago, IL. This final installment of DRI's latest Professional Liability 101 series is designed to serve as a primer for litigation real estate professional liability actions, including potential pitfalls and tips. The panelists will discuss the elements of claims specific to the various different professionals through discussions of legal principles and practitioner experience.For more information, please contact the DRI.
January 14, 2014: Michael P. Bradley, Jason E. Fellner and Caitlin T. DiMaggio, in representing a defendant estate planning lawyer, successfully won on appeal in the California Court of Appeal, First Appellate District. The Court of Appeal affirmed the trial court's order sustaining defendant's demurrer to dismiss the complaint and awarded defendant his costs on appeal. The court reasoned that defendant did not owe plaintiffs, alleged third party "potential beneficiaries" of a will, a professional duty of care because such a duty does not extend to alleged third party beneficiaries absent a showing that the plaintiffs were "express beneficiaries" of the decedent's testamentary intent. As a result, the Court of Appeal determined that the trial court correctly dismissed the action against the estate planning lawyer. (Franicevic v. Peterson (2014) California Court of Appeal, First Appellate Dist. Case No. A13845.)
January 24, 2014: Jason E. Fellner to present Ethical Issues in Family Law with Joseph Crawford and Hon. Catherine Gallagher (Ret.) at the San Mateo County Bar Association's Funky Credit Day at the Hilton San Francisco Airport Bayfront. For more information: San Mateo County Bar Association
January 1, 2014: Murphy Pearson Bradley & Feeney announces the elevation of San Francisco attorneys Simone McCormick, Arthur J. Harris, Kimberly A. Shields, Bryan L.P. Saalfeld, and Los Angeles attorney Jeff C. Hsu to Director. "These five attorneys represent a cross-section of our firm's capabilities," said Michael Bradley, managing partner at Murphy Pearson Bradley & Feeney.
Murphy Pearson Bradley & Feeney expands white collar and complex litigation groups with additions of two experienced trial attorneys: James Lassart and Adrian Driscoll join the Firm's San Francisco Office.
Murphy Pearson Bradley & Feeney is honored to be recognized as the Best Malpractice Law Firm for a fourth consecutive year in The Recorder's Best issue. The Recorder's 2013 Best survey generated responses from 1,500 legal professionals - representing individuals from every level of the law firms and legal departments.
Sacramento Shareholder William A. Muñoz discusses internal investigations in Lessons Learned from Penn State and Rutgers: General Counsel Internal Investigations.
James Murphy invited to present at ABA's Legal Malpractice Conference. James A. Murphy, founding shareholder of Murphy Pearson Bradley & Feeney, will present at the ABA's 2013 Fall National Legal Malpractice Conference in San Diego, CA at the Hilton San Diego Bayfront on September 20, 2013. The plenary session, Dr. Jekyll to Mr. Hyde: Evaluation, Preparation, and Transformation of the Difficult Lawyer's Testimony and Delivery, includes insight from leaders in the legal industry. Seasoned jury consultants, witness coaches and all-star attorneys will discuss best practices for preparing attorneys for deposition and trial. You will be equipped to turn attorney stereotypes into defense strengths, engage effective strategies for presentation of your key witness, and understand how slight changes in tone of voice, word choice, and body language can be the key to ultimate success.
June 1, 2013: Sacramento Office on Capitol Mall. On June 1, 2013, Murphy Pearson Bradley & Feeney, PC opened its new office at 520 Capitol Mall in Sacramento, California. Sacramento Managing Partner William A. Muñoz said, "Our relocation will accommodate our clients more effectively and efficiently as well as strengthen our ties, bringing us near to those we represent including California judges, businesses and professionals - attorneys, architects, directors and officers of corporations, engineers, real estate brokers and agents, and licensed tradepersons. Additionally, this move provides our Sacramento-based attorneys the opportunity to deepen relations in the community in which we have served for nearly 30 years." Most of Murphy Pearson Bradley & Feeney's client base in the greater Sacramento area is located in downtown Sacramento.
Defense Judgment On February 15, 2013, Managing Shareholder Michael P. Bradley and Director Jason E. Fellner obtained a defense judgment in favor of their client, an estate planning lawyer, after successfully prevailing on a demurrer to plaintiffs' multi-million dollar complaint for legal malpractice, breach of contract, tortious interference with prospective economic advantage and intentional interference with prospective economic advantage.
Sacramento Shareholder William A. Muñoz moderates The Risks and Benefits of Legal Outsourcing at DRI Professional Liability Seminar in New York - December 6-7, 2012
Jury awards $2M less than requested - In 2012 a San Francisco County Superior Court jury returned a verdict in a legal malpractice action brought by a plastic surgeon against his former attorneys. Senior shareholder Timothy J. Halloran and associate Jonathan M. Blute defended the three-week trial before Judge Cynthia Lee. Plaintiff alleged that the defendants inserted an improper confidentiality provision in a settlement agreement resolving a prior medical malpractice case against the doctor, resulting in a public reprimand from the Medical Board of California. The doctor claimed the reprimand caused him approximately $2.5 million in lost reputation and lost business. While the jury found for the plaintiff, they awarded only $522,200 in damages. Plaintiff had requested $2.4 million in damages during closing arguments; his final pretrial settlement demand was $1.5 million, and he served a Code of Civil Procedure sec. 998 pretrial offer to compromise in the amount of $715,385.00.
Sacramento Shareholder William A. Muñoz to present at the Northern California Chapter of the Appraisal Institute on June 7th held at Filoli Gardens.
Sacramento Shareholder William A. Muñoz discusses the California Supreme Court's recent decision in Cassel v. Superior Court and its effect on the scope of the state's mediation-confidentiality rule in Westlaw's Journal on Professional Liability April 11, 2012
(Reprinted with Permission. © 2011 Thomson Reuters.)
IRS Trust Fund Recovery Penalty - Are Your Clients at Risk? by Janet L. Everson