Brian Murray

Partner
bmurray@murrayfrank.com
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Toll Free: (800) 497-8076
Phone: (212) 682-1818
Fax: (212) 682-1892

275 Madison Avenue
Suite 801
New York, New York 10016

BRIAN MURRAY, a partner, was admitted to the bars of Connecticut in 1990, the State of New York and the United States District Courts for the Southern and Eastern Districts of New York in 1991, the Second Circuit in 1997, and the First and Fifth Circuits in 2000. He received B.A. and M.A. degrees from the University of Notre Dame in 1983 and 1986, respectively. He received a J.D. degree, cum laude, from St. John's University School of Law in 1990. At St. John's, he was the Articles Editor of the ST. JOHN'S LAW REVIEW. Mr. Murray co-wrote The Proportionate Trading Model: Real Science or Junk Science?, 52 CLEVELAND ST. L. REV. 391 (2004-05); The Accident of Efficiency: Foreign Exchanges, American Depository Receipts, and Space Arbitrage, 51 BUFFALO L. REV. 383 (2003) ; You Shouldn't Be Required To Plead More Than You Have To Prove, 53 BAYLOR L. REV. 783 (2001); He Lies, You Die: Criminal Trials, Truth, Perjury, and Fairness, 27 NEW ENGLAND JOURNAL ON CIVIL AND CRIMINAL CONFINEMENT 1 (2001); Subject Matter Jurisdiction Under the Federal Securities Laws: The State of Affairs After Itoba, 20 MARYLAND JOURNAL OF INT'L LAW AND TRADE 235 (1996); Determining Excessive Trading in Option Accounts: A Synthetic Valuation Approach, 23 U. DAYTON L. REV. 316 (1997); Loss Causation Pleading Standard, NEW YORK LAW JOURNAL (Feb. 25, 2005); The PSLRA "Automatic Stay" of Discovery, NEW YORK LAW JOURNAL (March 3, 2003); and Inherent Risk In Securities Cases In The Second Circuit, NEW YORK LAW JOURNAL (Aug. 26, 2004). He also authored Lifting the PSLRA "Automatic Stay" of Discovery, N. DAK. L. REV. 405 (2004); Aftermarket Purchaser Standing Under Section 11 of the Securities Act of 1933, 73 ST. JOHN'S L. REV. 633 (1999) ; Recent Rulings Allow Section 11 Suits By Aftermarket Securities Purchasers, NEW YORK LAW JOURNAL (Sept. 24, 1998); and Comment, Weissmann v. Freeman: The Second Circuit Errs in its Analysis of Derivative Copyrights by Joint Authors, 63 ST. JOHN'S LAW REVIEW 771 (1989) .

Mr. Murray was on the trial team that prosecuted a securities fraud case under Section 10(b) of the Securities Exchange Act of 1934 against Microdyne Corporation in the Eastern District of Virginia and he was also on the trial team that presented a claim under Section 14 of the Securities Exchange Act of 1934 against Artek Systems Corporation and Dynatach Group which settled midway through the trial.

Mr. Murray's major cases include In re Eagle Bldg. Tech. Sec. Litig., 221 F.R.D. 582 (S.D. Fla. 2004); 319 F. Supp. 2d 1318 (S.D. Fla. 2004) (complaint against auditor sustained due to magnitude and nature of fraud; no allegations of a tip-off were necessary); In re Turkcell Iletisim A.S. Sec. Litig., 209 F.R.D. 353 (S.D.N.Y. 2002) (defining standards by which investment advisors have standing to sue); In re Turkcell Iletisim A.S. Sec. Litig., 202 F. Supp. 2d 8 (S.D.N.Y. 2001) (liability found for false statements in prospectus concerning churn rates); Feiner v. SS&C Tech., Inc., 11 F. Supp. 2d 204 (D. Conn. 1998) (qualified independent underwriters held liable for pricing of offering); Malone v. Microdyne Corp., 26 F.3d 471 (4th Cir. 1994) (reversal of directed verdict for defendants); and Adair v. Bristol Tech. Systems, Inc., 179 F.R.D. 126 (S.D.N.Y. 1998) (aftermarket purchasers have standing under section 11 of the Securities Act of 1933), in which Judge Sweet stated plaintiffs' counsel were skilled advocates and negotiators, 1999 WL 1037878, at *3 (S.D.N.Y. 1999). Mr. Murray also prevailed on an issue of first impression in the Superior Court of Massachusetts, in Cambridge Biotech Corp. v. Deloitte and Touche LLP, in which the court applied the doctrine of continuous representation for statute of limitations purposes to accountants for the first time in Massachusetts. 6 Mass. L. Rptr. 367 (Mass. Super. Jan. 28, 1997). In addition, in Adair v. Microfield Graphics, Inc. (D. Or.), Mr. Murray settled the case for 47% of estimated damages and the Court noted Plaintiff's counsel have exhibited a high quality of work in prosecuting this action.

Mr. Murray was a Trustee of the Incorporated Village of Garden City (2000-2002); Commissioner of Recreation for Garden City (2001-2002); Commissioner of Police for Garden City (2000-2001); Member, Sports Law Committee, Association of the Bar for the City of New York, 1994-1997; Member, Federal Bar Counsel; Member, Litigation Committee, Association of the Bar for the City of New York, 2003; Member, New York State Bar Association Committee on Federal Constitution and Legislation.

Mr. Murray has been a panelist at CLEs sponsored by the Federal Bar Council and the Institute for Law and Economic Policy, at the German-American Lawyers Association Annual Meeting in Frankfurt, Germany, and at Class Action' Etutela Internazionale Degli Investmenti Finanziari in Vicenzia, Italy.

Education

J.D., St. John's University School of Law, Jamaica, New York, 1990
Honors: Cum Laude Law Review: St. John's Law Review, Articles Editor

M.A., University of Notre Dame, Notre Dame, Indiana, 1986
Major: Government

B.A., University of Notre Dame, Notre Dame, Indiana, 1983
Major: Philosophy Major: Government

Jurisdictions Admitted to Practice

New York, 1991
Connecticut, 1990
U.S. District Court Southern District of New York, 1991
U.S. District Court Eastern District of New York, 1991
U.S. Court of Appeals 2nd Circuit, 1997
U.S. Court of Appeals 1st Circuit, 2000
U.S. Court of Appeals 5th Circuit, 2000

Published Works:

  • The Proportionate Trading Model: Real Science or Junk Science?, (Co-Writer), 52 Cleveland St. L. Rev. 391, 2005
  • The Accident of Efficiency: Foreign Exchanges, American Depository Receipts, and Space Arbitrage, (Co-Writer), 51 Buffalo L. Rev. 383, 2003
  • You Shouldn't Be Required To Plead More Than You Have To Prove, (Co-Writer), 53 Baylor L. Rev. 783, 2001
  • He Lies, You Die: Criminal Trials, Truth, Perjury, and Fairness, (Co-Writer), 27 New England Journal On Civil And Criminal Confinement 1, 2001
  • Subject Matter Jurisdiction Under the Federal Securities Laws: The State of Affairs After Itoba, (Co-Writer), 20 Maryland Journal of Int'l Law And Trade 235, 1996
  • Determining Excessive Trading in Option Accounts: A Synthetic Valuation Approach, (Co-Writer), 23 U. Dayton L. Rev. 316, 1997
  • Loss Causation Pleading Standard, (Co-Writer), New York Law Journal, Feb. 25, 2005
  • The PSLRA "Automatic Stay" of Discovery, (Co-Writer), New York Law Journal, March 3, 2003
  • Inherent Risk In Securities Cases In The Second Circuit, (Co-Writer), New York Law Journal, Aug. 26, 2004
  • Lifting the PSLRA "Automatic Stay" of Discovery, N. Dak. L. Rev. 405, 2004
  • Aftermarket Purchaser Standing Under Section 11 of the Securities Act of 1933, 73 St. John's L. Rev. 633, 1999
  • Recent Rulings Allow Section 11 Suits By Aftermarket Securities Purchasers, New York Law Journal, Sept. 24, 1998
  • Comment, Weissmann v. Freeman: The Second Circuit Errs in its Analysis of Derivative Copyrights by Joint Authors, 63 St. John's Law Review 771, 1989

Representative Cases:

  • In re Eagle Bldg. Tech. Sec. Litig., 221 F.R.D. 582 (S.D. Fla. 2004)
  • In re Eagle Bldg. Tech. Sec. Litig., 319 F. Supp. 2d 1318 (S.D. Fla. 2004)
  • In re Turkcell Iletisim A.S. Sec. Litig., 209 F.R.D. 353 (S.D.N.Y. 2002)
  • In re Turkcell Iletisim A.S. Sec. Litig., 202 F. Supp. 2d 8 (S.D.N.Y. 2001)
  • Feiner v. SS&C Tech., Inc., 11 F. Supp. 2d 204 (D. Conn. 1998)
  • Malone v. Microdyne Corp., 26 F.3d 471 (4th Cir. 1994)
  • Adair v. Bristol Tech. Systems, Inc., 179 F.R.D. 126 (S.D.N.Y. 1998)
  • Cambridge Biotech Corp. v. Deloitte and Touche LLP, 6 Mass. L. Rptr. 367 (Mass. Super. 1997)
  • Adair v. Microfield Graphics, Inc. (D. Or.)

Classes/Seminars Taught:

  • Panelist at CLE, Federal Bar Council and the Institute for Law and Economic Policy
  • Panelist at CLE, German-American Lawyers Association Annual Meeting in Frankfurt, Germany
  • "'Class Action' Etutela Internazionale Degli Investmenti Finanziari", Vicenzia, Italy

Professional Associations and Memberships:

  • Incorporated Village of Garden City, 2000 - 2002
    Trustee
  • Commissioner of Recreation for Garden City, 2001 - 2002
  • Commissioner of Police for Garden City, 2000 - 2001
  • Association of the Bar for the City of New York, 1994 - 1997
    Member, Sports Law Committee
  • Federal Bar Counsel
    Member
  • Association of the Bar for the City of New York, 2003
    Member, Litigation Committee
  • New York State Bar Association
    Member, Committee on Federal Constitution and Legislation