News

Archived News, Articles and Events


The Bar Association of San Francisco Barrister's Club will host its' 33rd Annual Barristers Club Judges Reception on Wednesday, July 19, 2017 from 5:30 - 7:30 p.m. The event will be held at the Judicial Council of California, 455 Golden Gate Avenue, San Francisco. For more information on the event, please visit the event page. MPB&F is a proud sponsor of this event.

The Bar Association of San Francisco


Whitney Carlson Welcome Whitney Carlson to MPB&F's San Francisco office. Whitney will work with Managing Partner, Timothy Halloran, in his litigation practice with emphasis on Business Litigation, Intellectual Property, and Personal Injury. Welcome Whitney!


Were you unable to attend BASF's panel conference Leaders Come Together to Discuss Police Reform and Changing Police Culture? Watch the discussion on BASF's blog here.
BASF Panel Conference


Our San Francisco office is seeking to hire a Litigation Associate. Visit our Careers page for more information and to apply.


Janet Everson, Shareholder in MPB&F's San Francisco Office, will be speaking at the CalCPA Estate and Trust Planning Conference at Golden Gate University in San Francisco. Janet's session is about CPA as a Trustee and it is scheduled for Monday, July 17, 2017 from 1:00 - 2:00 p.m. PST. The program will also be available via webinar.

CPAs, attorneys and financial planners serve as guides for clients who want to protect their businesses and wealth through estate planning. As the regulations and legislation surrounding succession planning, health care directives, transfers of assets, gifts, trusts and other keys to estate planning continue to evolve, so do the skills and knowledge necessary for their advisers. Gain in-depth understanding, effective strategies and connections with expert professionals who specialize in this area. This year's conference also includes content tracks for those more advanced in the field and for those with just a few years of experience. All CalCPA Education Foundation conferences include free Wi-Fi, discounted parking, continental breakfast, networking lunch and afternoon refreshments.

Participants will receive 17.00 hours of CPE and/or CFP credit and 14.00 hours of MCLE and/or MCLE LS-EP credit. For more information on the event, please visit CalCPA Estate and Trust Planning Conference.


MPB&F's Sacramento Office Welcomes Nathan T. Jackson. Nathan joins our Sacramento litigation team as an associate with a vast experience in labor & employment litigation. Nathan will work with Managing Partner William Muñoz and Associate Heather Barnes on Professional Liability, Employment Law, Real Estate, and General Litigation.


Nicholas Larson, Managing Partner of the firm's Seattle office, was appointed to serve on the Pro Bono and Public Service Committee of the Washington State Bar Association (WSBA). The two year committee appointment will commence on October 1, 2017, and was made by the WSBA Board of Governors at their last meeting. Nicholas manages Murphy Pearson Bradley & Feeney's newly opened Seattle office and frequently works out of the firm's San Francisco office as well.


On May 24, 2017, the Daily Journal published Associate Angela Rho's article Trump's America and Employer Concerns.


Own a restaurant or thinking of opening one? Don't miss reading the essential 12 Key Lease Terms for Restaurants in QSR Magazine, authored by Director Patrick J. Wingfield. Visit MPB&F's Hospitality Practice Group for more information.


On April 28, 2017, Shareholder Jason E. Fellner and Associate Caitlin T. DiMaggio authored the featured article in the Daily Journal's Special Coverage on Proposed California Rules of Professional Conduct, titled "Proposed Rule 1.8.8: Limiting Liability to Client." Proposed Rule 1.8.8 expressly restricts lawyers in limiting their client's professional malpractice claims against them by written agreement. The article evaluates and compares Proposed Rule 1.8.8 on limiting liability to client with its prior iteration in Rule 3-400 and presents instructive ways to adhere to the new proposed rule, which is anticipated to become law in 2018. Read the April 28, 2017 Daily Journal article here. For answers to any questions related to the article, feel free to contact Mr. Fellner or Ms. DiMaggio.


Anjali Kulkarni Anjali Kulkarni, Associate in MPB&F's San Francisco office, was included as one of the 2017 Directors for the Barristers Club of San Francisco. The mission of the Barristers Club is to foster professional growth, provide opportunities for community service, and serve as an advocate for its members. The Board of Directors will: determine the Club's mission, set policy and procedures to fulfill the Club's mission, and support the membership in fulfilling the Club's mission.


MPB&F was honored to participate in the Raphael House of San Francisco 20th Annual There's No Place Like Home Gala on Saturday 5/13/17 at the Palace Hotel in San Francisco. For more information on Raphael House, visit www.raphaelhouse.org.


Voice of Experience - Lawyer Voices from Maine and San Francisco. By Jeff Tolman. Founding Shareholder John Feeney was featured in Mr. Tolman's article for the American Bar Association. Read more about John's story on becoming an attorney here.


SF Bar
Shareholder Thomas "Tippy" Mazzucco will be speaking at the Bar Association of San Francisco on Monday May 15, 2017 from 6:00 – 8:00 p.m. Join Tippy, Norm Stamper, Bill Scott, Malia Cohen, Suzy Loftus with Facilitator Yolanda Jackson in a discussion on Police Reform and Changing Police Culture – A Conversation with Leadership. The cost is free, but registration is required. Sign up now as space is limited and filling up quickly. Note: The event will also be live streamed.


Argo Pro William Munoz, Managing Partner of MPB&F's Sacramento Office, will be speaking on June 28th at Argo Pro Lawyers' Professional Liability Conference in Las Vegas, NV on the topic of Enforceability of Advance Conflict Waivers.

Join some of the industry's prominent thinkers in Las Vegas on June 28-29, 2017 to explore understanding, mitigating, and insuring professional liability risks. Earn CLE credits while expanding business networks during the 2017 Argo Pro Lawyers' Professional Liability Conference in Las Vegas, Nevada this summer! William will be speaking on Enforceability of Advance Conflict Waivers. For more information on the event, please visit Argo Pro.


Murphy Pearson Bradley & Feeney announces the elevation of three Associates to Director
"These three talented lawyers continue our proud heritage of professional excellence." — Timothy J. Halloran, Managing Partner

Nicholas C. Larson Nicholas C. Larson started working at Murphy Pearson Bradley & Feeney in 2011. Prior to that, he served as a Senior Policy Analyst for the Government Accountability Office (GAO). Mr. Larson has a wide array of experience in professional liability, white collar & regulatory defense, government investigations, corporate investigations, insurance, business law, construction law, elder law, employment law, non-profit, appellate, intellectual property, tax, and complex litigation. Mr. Larson received his J.D. from University of San Francisco, his M.A. in Psychology from Stanford University, and his B.A. in Public Policy and Psychology from Stanford. Mr. Larson also is the Managing Partner of the Seattle, WA office of Murphy Pearson Bradley & Feeney.

Karen K. Stromeyer Karen K. Stromeyer joined Murphy Pearson Bradley & Feeney in 2009. Prior to that, she was at the Veen Firm. Ms. Stromeyer has a wide array of experience in professional liability, elder law, catastrophic injury, wrongful death, medical malpractice, and complex litigation. Ms. Stromeyer received her J.D. from University of California Hastings College of Law and her B.A. from University of California Berkeley.

John P. Girarde Patrick J. Wingfield began his career at Murphy Pearson Bradley & Feeney in March 2015. Prior to that, he worked at Skaja, Daniels, Lister & Permito, LLP and Pacifica Companies, LLC in San Diego, California. Mr. Wingfield's primary practice includes business, employment, and real estate transactional law and litigation, with a particular emphasis in the hospitality industry. Mr. Wingfield received his J.D. from California Western School of Law and his B.S. from San Diego State University.

For over 39 years, Murphy Pearson Bradley & Feeney has been dedicated to legal counseling and litigation that creates positive results for professionals, individuals, businesses and organizations in a variety of industries. With offices in San Francisco, Sacramento, Los Angeles, and Seattle, the firm is focused in the areas of business litigation, white collar & regulatory defense, professional liability, real estate and construction, employment, intellectual property, product and premises liability, insurance, hospitality, elder law, and corporate, banking, tax and business transactions.


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.]
Eileen J. Lenihan on left


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.


Raphael House 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.

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


On March 23, 2017, the Daily Journal published an article written by Arthur J. Harris and Karen S. Stromeyer titled Gray is the Newest Shade of Legal Malpractice.


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


Mazzucco UC Bears Stadium 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!
Mazzucco UC 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.


Space Needle - courtesy pixabay.com 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


Halloran

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.


Bradley

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


Winners 2016

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

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 stetlow@mpbf.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 stetlow@mpbf.com] We hope to see you there!


Managing Partner, Timothy J. Halloran, was featured in the Bar Association of San Francisco's CLE Bulletin as the October 2016 Member Spotlight.


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.


Shareholder William Munoz was recognized in Sacramento Magazine’s Top Lawyer List as the sole attorney under Professional Malpractice and one of six attorneys recognized under Legal Malpractice.


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.


September 21-23, 2016: Simone McCormick will be speaking at the DRI Data Management and Security Conference in Atlanta, GA. For more information on this conference visit here.


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!


America's Top 100 Attorneys Lifetime Achievement Award

Founding Shareholders James Murphy and Michael Bradley received the Lifetime Achievement Membership among America's Top 100 Attorneys.


On June 30, 2016, following a two‐week bench trial, Shareholder Jason Fellner 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: Murphy Pearson Bradley & Feeney Elevates Jason E. Fellner to Shareholder


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.

Thomas Mazzucco swearing in


March 2016: Michael Bradley and Douglas DeGrave Selected as CAL-ABOTA's 2016 Trial Lawyers of the Year


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.


December 15, 2015: Murphy Pearson's Michael Bradley Elected 2016 President of American Board of Trial Advocates' Cal-Abota Chapter


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.


Sacramento Shareholder William A. Muñoz is recognized as Best of the Bar in The Sacramento Business Journal.


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.)


Courts and Social Media by Shareholder Thomas J. D'Amato and Associate Adam M. Koss, March 7, 2012


IRS Trust Fund Recovery Penalty - Are Your Clients at Risk? by Janet L. Everson


2012 - 2014 Articles

2014

November 2014

Law firms must take steps to protect private client data, by Simone McCormick

September 2014

Think Again - Making the Most of Defense Attorneys' Fee Awards, by Adam M. Koss and Heather A. Barnes

Three steps to protecting your online reputation, by Jason E. Fellner and Caitlin T. DiMaggio

Duty and the Design Professional, by Kimberly A. Shields

June 2014

Validity of Arbitration Agreements Under California Law, by Simone McCormick and Jennifer J. Karpinski

Basic Steps Businesses Should Take To Protect Valuable Data, by Simone McCormick and James F. Monagle

Notable Legal Issues, by Arthur V. Pearson and Janet L. Everson

Emerging Topics in Legal Malpractice Defense, by Thomas J. D'Amato and Kimberly A. Shields

May 2014

A defensive approach to mitigating malpractice claims, by Jason E. Fellner, Peter L. Weber and Josh P. Davis, Daily Journal, May 23, 2014

January 2014

In the event of a data security breach... by Jason E. Fellner and Allen Kuo, Daily Journal, Jan. 16, 2014


2013

October 2013

Anti-SLAPP in the Employment Investigation Context by Simone McCormick Daily Journal, October 22, 2013

August 2013

Lessons Learned from Penn State and Rutgers: General Counsel Internal Investigations by William A. Muñoz, In-House Defense Quarterly

June 2013

Now Hiring: 3 Keys for New Attorneys to Find Success in a Difficult Job Market by Jason E. Fellner, The Bar Association of San Francisco Bulletin

March 2013

Follow Your (Ethical) Gut: Insured-Attorney's Ethical Duties to Plaintiff-Clients Trump Insurer's Ability to Deny Coverage by Willam A. Muñoz and Brittany Y. Ng

Can juries award prejudgment interest in malpractice suits? by Harlan Watkins and Nicholas C. Larson, The Daily Journal, March 8, 2013

February 2013

Bury your exposure: malpractice claims and estate planning by Jason E. Fellner and Allen Kuo

Malicious prosecution decision gets it right, then gets it wrong by James A. Murphy, Harlan B. Watkins and Erik P. Weiss, The Daily Journal, February 11, 2013


2012

October 2012

Maximizing infringement damages by James F. Monagle, The Recorder, October 22, 2012

September 2012

Hope You Enjoyed Your Visit to California, You May Need to Stay Longer than Expected: Statute of Limitations Period for Malpractice Claims Inapplicable to Nonresident Attorneys, by Arthur J. Harris and Nicholas C. Larson

Wading through Actual Injury and the Discovery Rule in the Wake of Shifren v. Spiro, by Timothy J. Halloran and Jonathan M. Blute

August 2012

Dealing with Data Breach by Matthew A. Cebrian and Brittany W. Yang, The Recorder, August 13, 2012

Legal Ease: 4 Steps Design Professionals can take to Manage and Minimize Risk in Green and Sustainable Building Projects by Kimberly A. Shields in Environmental Design & Construction

Samsung's conduct spurs adverse jury instruction by Matthew A. Cebrian and Brittany W. Yang, The Daily Journal, August 2, 2012

July 2012

Avoid the Noid: An Employer's Guiide to Drafting Social Media Policies, by Matthew A. Cebrian and Kimberly A. Shields, Bloomberg's BNA Social Media Law & Policy Report

June 2012

Patent reform: death knell for litigation? by Timothy J. Halloran, Peter L. Weber and Allen Kuo, The Recorder, June 11, 2012

Elder Abuse tack-ons ineffective due to lacking enforcement by Simone McCormick and Bart Flood, The Daily Journal, June 6, 2012

The Far Reaching Trust Fund Recovery Penalties by Janet L. Everson and Matthew A. Cebrian

Breaking Up Is Hard To Do: Terminating The Relationship With Your Client by Jason J. Galek

Practice Tips in Audit Representation by Karen Neville

May 2012

Inside the box: observations of an attorney serving as a juror by Jeff C. Hsu, The Daily Journal, May 17, 2012

Are Your Clients Playing with Pandora's Box? by Matthew A. Cebrian and Kimberly A. Shields

April 2012

Please Submit Your Resume, References and Facebook Login by Matthew A. Cebrian, Law360.com, April 10, 2012

2011 - 2010 Articles

2011

Aaron McClellan, James Monagle and Tanis Kelly prevailed in reversing a $30 million default judgment against a client of the firm on appeal. Published Fourth District decision.

Don't end up in the worst chair in the room by Timothy Halloran and Karen Stromeyer

A Golden Opportunity to Further Limit Employer Liability in Injury Cases

California Supreme Court rejects attorney malpractice exemption to mediation confidentiality

Supreme Court ruled in favor of US Airways; Amicus Curiae by William Muñoz

Timothy Halloran and Jason E. Feller prevailed on appeal before the California Court of Appeal. The Court of Appeal unanimously affirmed the Marin County Superior Court trial court's order granting nonsuit in favor of defendants during trial in a legal malpractice action.

Appellate Opinion: Arbitration Clauses in Attorney Fee Agreements

The Lawyers' Litigation Privilege by Robert W. Lucas

Avoiding Potential Pitfalls in Joint Defense Agreements by Thomas J. D'Amato and Tanis L. Kelly

Summary Judgment Granted for General Contractor

Cassel v. Superior Court - The California Supreme Court Rejects an Attorney Malpractice Exception to Mediation Confidentiality by William A. Muñoz

Defense Verdict in Favor of Real Estate Broker

Please Jurors, Check Your iPhone with the Bailiff by Thomas J. D'Amato and Adam M. Koss

Security Guard Company Prevails on Summary Judgment
A Kern County judge  dismissed a wrongful death action brought against a security company. The case arose from the fatal shooting at a concert in May of 2007.

Michael Bradley has been elected and installed as the 2011 President of the San Francisco Chapter of the American Board of Trial Advocates.  He has also been elected to CAL-ABOTA, the statewide governing body of ABOTA.  Senior Shareholder William S. Kronenberg was recently inducted as an associate member of ABOTA, bringing Murphy, Pearson, Bradley & Feeney’s total membership in ABOTA to seven.  We believe that this is the highest number of active trial lawyers in ABOTA from any one firm in California.

Falling On The Sword - How To Protect Your Client And Yourself.

Legal Malpractice Update: California Supreme Court Rules that Attorney-Client Communication For the Purpose of Mediation is Inadmissible Evidence in Legal Malpractice Cases.

2010

William Muñoz was asked by the Air Transport Association, an organization whose members consist of the 9 largest commercial air carriers in the United States, to write an amicus brief on behalf of Petitioner US Airways in the matter of Seabright Insurance Company v. US Airways, Case Number S182508, pending before the California Supreme Court.

Robert Lucas successfully represented Defendants in an appeal before the Court of Appeal of the State of California Third Appellate District.

Take a Deep Breath: With Planning, Landlords can be Assured Their Property Investments Don’t Disappear in a Cloud of Smoke

Attorney’s Motion for Nonsuit Granted and Successful Verdict on Cross-Complaint for Fees After opening statements in a jury trial case venued in Marin County, Timothy J. Halloran and Jason E. Fellner, who represented the defendants/cross-complainant, filed a motion for nonsuit against all of the causes of action asserted by Plaintiff, including legal malpractice and negligent infliction of emotional distress.

Court of Appeal Affirms Ruling - Mark Perelman and Matthew Cebrian prevailed on appeal before the California First District Court of Appeal in an employment and fraud action.

Persuasiveness Prevails - Arthur Pearson and Karen Neville successfully persuaded the IRS to abate a $480,000 late payment penalty assessed against a fashion designer, manufacturer and retailer of women's clothing.

Foreign Bank Account Reporting

The Office of the Taxpayer Advocate - What Every Taxpayer Needs to Know

Older Articles

Calif.'s Prop 65: Is It Worth The Fight?

Lawyers Representing Law Firms | A Special Report - Lawyers are hungry—too hungry, perhaps. The scramble to find new business can land the unwary fighting malpractice claims.

And the Defense Wins William Muñoz prevailed on appeal before the California Third District Court of Appeal wherein the court affirmed the trial court's order granting Mr. Muñoz’s client a nonsuit in a legal malpractice action.

Coming home: Dealing with USERRA's Negative Implications

Defending Accountants in Elder Care/Elder Abuse Litigation Subject: Tax Law by Arthur V. Pearson

Abusive Tax Shelters by Arthur V. Pearson and Kristen McCulloch



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