Slovak Baron Empey Murphy & Pinkney LLP
1800 E. Tahquitz Canyon Way
Palm Springs, California 92262
Shaun M. Murphy is a trial attorney and partner with Slovak Baron Empey Murphy & Pinkney LLP. Currently, Shaun’s practice is primarily complex civil litigation (contract, real estate and land use, trade secrets and intellectual property) and plaintiff’s personal injury with an emphasis on the transmission of sexually-transmitted disease claims. In the last two years, Shaun has obtained two multi-million dollar jury verdicts and punitive damage awards. He has also obtained several million dollar settlements for both commercial and personal injury clients. He has also successfully defended several commercial clients avoiding liability in a broad range of claims including architectural copyright infringement, and breach of contract.
Over the years, Shaun has represented individuals and companies on a broad range of issues, including banking and financial services, employment claims, unfair competition, multi-jurisdictional product liability/recall actions, public and private construction disputes featuring delay/disruption/acceleration claims, and professional liability claims. He has extensive mediation and arbitration experience and has tried cases in both state and federal courts.
In addition to graduating in the top third of his class, Shaun was honored with an American Jurisprudence award in Corporations, was selected for the “Who’s Who Among American Law Students,” took first place in the National Appellate Advocacy Competition, Western Region, and served on the school’s Moot Court Board.
The following are examples of matters that Shaun has handled:
- Successfully defended one of the largest waste industry companies and its subsidiaries in a breach of contract and fraud action related to the processing of recyclable materials and obtained a settlement payment from the plaintiff for the company on its cross-complaint
- Representing large waste industry companies related to claims involving the Surface Mining And Reclamation Act (SMARA) arising from the reclamation and backfilling of former mining quarries
- Represented a plaintiff against a defendant who failed to disclose a genital herpes infection prior to engaging in a sexual relationship with the plaintiff. The jury awarded $6,753,600 in medical expenses, emotional distress damages, and punitive damages. The verdict is the largest ever in the United States for a case involving the transmission of genital herpes.
- Represented a woman infected with genital herpes by her husband after 16 years of marriage. The jury awarded $2,492,000 in compensatory and punitive damages. The jury’s verdict is the second largest ever for a case involving the transmission of genital herpes.
- Represented a woman infected with genital herpes by a well-known celebrity and obtained a confidential settlement in excess of seven figures
- Lead counsel for a small biotech company in a patent infringement suit against Ocean Spray Cranberries, Inc. relating to an energy drink product manufactured and sold by Ocean Spray;
- Represented a software company that develops educational monitoring and compliance programs for school districts in theft of trade secret and unfair competition action
- Successfully defended a homebuilder in federal district court against architectural copyright claims by obtaining a dismissal of the action
- Represented a C & H Sugar Company in labor/union arbitrations resulting from employee discipline and termination actions
- Represented one of the leading providers of capital asset auction and valuation services in a patent infringement suit against NCR Corporation resulting in a very favorable licensing agreement
- Part of a litigation team that obtained a multi-million dollar settlement in a federal court action on behalf of Invensys Building Systems against Motorola Corporation and Bechtel Corporation in a construction contract case involving the installation of sophisticated digital control systems in a computer fabrication facility in Tianjin, China
- Co-chaired a fraud, RICO, and breach of contract trial on behalf of Hyundai Motor America in federal court action in Las Vegas which resulted in a multi-million dollar verdict against auto detailing company
- Successfully defended Limitorque Corporation in state court action against a multi-million dollar claim for construction delays on a wastewater treatment facility in San Diego and obtained a settlement payment for the company on its cross-complaint
- Part of a litigation team that served as national counsel for a furnace-venting manufacturer in $100M litigation and product recall action in Canada and the U.S. which resulted from the then-largest investigation conducted by the Consumer Product Safety Commission.
- “Authenticating Web Pages: Can It Be Done?” California Litigation (Vol. 23, No. 2, 2010).
- “Planning Ahead: the Importance of Validating Evidence In Civil Cases” New Developments in Evidentiary Law In California, Inside the Minds (Aspatore 2010)
- Contributing Commentator, California Civil Jury Instruction Companion Handbook 2009-2010 (West Publishers) (§ 6:1)
- Contributing Author, “Annual Survey of Michigan Law: Criminal Procedure,” Wayne Law Review (Vol. 42, No. 2A, Winter 1996)
- USA Waste of California, Inc. v. City of Irwindale (2010) 184 Cal.App.4th 53; 108 Cal.Rptr.3d 466.
- Patricia BEHR v. Thomas REDMOND (2011) 193 Cal.App.4th 157; Cal.Rptr.3d.
TEACHING AND SPEAKING ENGAGEMENTS
- University of California, Hastings College of the Law, Adjunct Professor, Legal Writing and Research (2003-2004)
- Marital Torts and Marvin Cases, co-presenter to the Association of Certified Family Law Specialists, June 14, 2011, Marin, California
- University of California, Hastings College of the Law, J.D. (1992)
- San Francisco State University, B.A., International Relations, cum laude (1989)
ADMITTED TO PRACTICE
- United States Supreme Court (1997)
- California Supreme Court (1998)
- Michigan Supreme Court (1992)
- United States District Courts, California (2000),
- United States District Courts, Michigan (1992)
- United States Court of Appeals, Ninth Circuit (2000);
- United States Court of Appeals, Sixth Circuit (1993);
- United States Tax Court (1994)
PROFESSIONAL AFFILIATIONS AND ACTIVITIES
- The State Bar of California
- The State Bar of Michigan
- American Bar Association
- Desert Bar Association