Barclay Damon
Barclay Damon

Joseph A. Murphy

Joseph A. Murphy

Associate

p: 518-429-4248

f: 518-533-2943

icon_email jmurphy@barclaydamon.com
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Albany Office

80 State Street
Albany, New York 12207

Joe Murphy is a commercial litigator representing a range of corporate clients in federal and state courts and agencies. He has experience handling matters that involve securities, mergers and acquisitions, corporate governance, white collar crime and government investigations, government procurement, health care and bankruptcy litigation.

Joe has also been heavily involved in pro bono work, including consumer fraud cases, criminal appeals and step-parent adoptions.

Representative Experience

  • Represent pharmacists in disputes with Managed Care Organization and Pharmacy Benefit Manager concerning audits and participation in specialty pharmacy networks. 
  • Brought putative class action and hybrid Article 78 proceeding/declaratory judgment action and obtained temporary restraining order prohibiting the Commissioner of the New York State Department of Health from implementing a list of specialty drugs whose distribution could be restricted by Medicaid managed care plans. 
  • Successfully defended third-party breach of contract trial and action seeking control of closely-held corporation. 
  • Represent drug treatment center in state administrative proceedings to contest billing challenges by the New York State Office of the Medicaid Inspector General. 
  • Represent partner in limited liability corporation in dispute relating to company accounting, valuation and dissolution. 
  • Represent surety in wrongful death action relating to exposure to asbestos at Empire Plaza construction site. 
  • Defended foreign corporation accused of manipulating price of its securities by misstating the scope of its foreign exchange trading. Opposed class certification in federal district court. 
  • Defended pharmacist and negotiated settlement agreement in civil suit by the Department of Justice concerning alleged violations of the Controlled Substances Act. 
  • Represented former members of a New York based healthcare trusts in negotiations with the New York State Workers Compensation Board concerning joint and several liability for multi-million dollar trust deficit, and in litigation in federal bankruptcy and state courts seeking damages from former trust administrator and associates, including insurance brokers.
  • Represented telecommunications vendor challenging improper bid process by county government. 
  • Represented investment managers in civil litigation relating to a major Ponzi scheme. 
  • Defended village in wrongful-death action relating to alleged exposure to asbestos. 
  • Represented majority shareholder, officer and director of closely-held corporation in action for dissolution and accounting.

Practice Areas

Education

  • St. John's University School of Law, J.D., Executive Articles Editor, St. John’s Law Review, 2007
  • George Washington University, M.A., 1992
  • West Virginia University, B.S., 1988

Admitted To Practice

  • New York, 2008
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York

Memberships & Affiliations

  • American Bar Association
  • New York State Bar Association

Speaking & Publications

  • "Court Battle Over NY Health Regulations Will Continue," Law360, April 29, 2014
  • "NY Managed Care Organizations Flex Muscle Under ACA," Law360, January 21, 2014
  • “Delaware Quarterly, Recent Developments in Delaware Business and Securities Law,” Co-author, Bank and Corp. Governance L. Reporter, Vol. 41, No.1 (Sept. 2008); Vol. 44, No.4 (June 2010)

Honors

  • Super Lawyers Magazine, 2016 Rising Star for Health Care Law
  • Selected as a 2013 Empire State Counsel Honoree by the New York State Bar Association

Prior Experience

  • Hiscock & Barclay, LLP, Associate
  • Dewey & LeBoeuf, LLP, Associate

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