Overview
Justin P. Murphy is a partner in the Firm’s regulatory practice group. A former federal prosecutor, Justin counsels and represents corporate and individual clients involved in government enforcement of complex antitrust, fraud and all phases of white-collar criminal and related civil matters. His focus in criminal antitrust investigations includes bid-rigging, price-fixing, procurement fraud, labor market practices and no-poach, and market allocation in a variety of industries. He is also experienced in other white-collar matters, including internal corporate investigations, False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA), cybersecurity, securities enforcement, federal grand jury, inspector general investigations and trials and appeals.
Justin served as trial counsel for Kent Thiry, the former CEO of DaVita, Inc., in the landmark acquittal in the first-ever criminal “no-poach” market allocation case. This case was the first criminal trial of its kind in the Antitrust Division’s efforts to prosecute certain labor market antitrust issues. Following an eight-day jury trial and two days of deliberation, a jury acquitted Thiry and DaVita on all counts.
Prior to joining McDermott, Justin served as a trial attorney for the Department of Justice (DOJ)’s Criminal Antitrust Division. At DOJ, Justin investigated and prosecuted regional, domestic and international cartel cases, as well as procurement fraud, wire fraud, mail fraud and obstruction matters. Justin was selected as one out of a handful of prosecutors to lead the DOJ’s Procurement Collusion Strike Force (PCSF). He was also a CHIP (Computer Hacking and Intellectual Property prosecutor) for the Antitrust Division, where he assisted and advised Division attorneys on complex digital evidence and data privacy issues. In addition, Justin has substantial experience working with corporate leniency applicants, including several of the largest and most recent criminal investigations.
Justin has substantial experience in e-discovery and privacy-related issues in government investigations and criminal matters, including on electronic discovery issues, the use of data analytics and computer forensics as investigative tools, and negotiating with government investigators.
Justin is active in Bar activities, including serving as the chair of the Editorial Board of the ABA Criminal Justice Section Magazine. He is also a member of the ABA’s White Collar Crime and Cartel and Criminal Practice subcommittees and was previously a co-chair of the ABA Spring Meeting. Justin is also a fellow of the American Bar Foundation and a member of the Sedona Conference. Justin has also written extensively and has also lectured and taught regularly on important aspects of government investigations and criminal matters.
Justin received his BA in history and government from Claremont McKenna College in 1995. He earned his JD from Georgetown University Law Center in 2001, where he served as an editor on the Georgetown Journal of Legal Ethics and worked in the Georgetown Domestic Violence Clinic. Before attending law school, Justin worked as a production assistant for “The George Michael Sports Machine.”
Click here to read Justin’s full biography in Japanese.
Results
- Representation of former CEO in first ever criminal “no-poach” market allocation case. Served as trial counsel and following an eight-day jury trial, the client was acquitted on all counts. US v. DaVita & Thiry, 21-cr-229 (District of Colorado)
- Representation of client in connection with DOJ alleged bid-rigging investigation
- Representation of healthcare company in connection with DOJ investigations involving allegations of an illegal no-poach agreement
- Representation of client in connection with Consumer Product Safety Act investigation
- Representation of healthcare company in connection with a labor practices investigation by the Federal Trade Commission
- Representation of client in connection with alleged labor practices antitrust class action
- Representation of corporate client in connection with cybersecurity investigation by the DOJ
- Counsel for healthcare company in connection with internal investigation and review regarding labor practices
- Counsel for multiple domestic and global corporations in connection with providing antitrust compliance advice and training
Recognitions
- Legal 500 US 2022
- Featured as one of Litigation Daily’s Litigators of the Week, 2022
- Antitrust Writing Awards, Business Article Finalist for “Lessons From the First Criminal No-Poach Trial,” 2023
- Department of Justice, Antitrust Division (Criminal), FBI Service Award, 2017
- Department of Justice, Antitrust Division (Criminal), US Attorney’s Award, 2020
- Department of Justice, Antitrust Division (Criminal), Special DOJ Commendation Award for work on Elder Justice Initiative, 2020
Community
Credentials
Education
Georgetown University Law Center, JD, 2001
Claremont McKenna College, BA, honors in history, 1995
Admissions
District of Columbia
Courts / Agencies
District of Columbia Court of Appeals
US District Court for the District of Columbia
US Supreme Court