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Emmett Murphy represents clients in complex commercial disputes and governmental regulatory and enforcement proceedings, with a particular focus on financial reporting and accounting matters. Emmett is an experienced trial lawyer, having tried cases in federal and state courts, and before arbitrators in both domestic and international arbitrations. He has also argued numerous times before both federal and state appellate courts. 

Emmett has significant experience representing Big Four accounting firms in high-stakes litigation and regulatory proceedings, and leads the firm’s Professional Liability Specialty Team.   He also has extensive experience in cross-border and multi-jurisdictional proceedings, as well as securities and shareholder derivative litigation.

Prior to joining King & Spalding, Emmett served as a law clerk to District Court Judge Charles L. Brieant, in the Southern District of New York, in 2006–2007.

Full Bio

Credentials

J.D., Fordham University, cum laude

B.A., Binghamton University

New York

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

Law Clerk, Charles L. Brieant, Jr., U.S. District Court for the Southern District of New York

Matters

Represent Truist Bank in securities litigation in the Southern District of New York challenging syndicated loan transaction, and in related fraudulent transfer litigation in District of Delaware Bankruptcy Court.

Obtained dismissal of Section 20(a) control person claim against Big Four International Network coordinating entity in securities class action in the Southern District of New York connection with affiliated firm’s audit of marine fuel company.

Defended a Big Four accounting firm in an action by a hedge fund arising out of the failure of one of the largest providers of brokerage and clearing services in the international derivatives, currency and futures market.

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Matters

Represent Truist Bank in securities litigation in the Southern District of New York challenging syndicated loan transaction, and in related fraudulent transfer litigation in District of Delaware Bankruptcy Court.

Obtained dismissal of Section 20(a) control person claim against Big Four International Network coordinating entity in securities class action in the Southern District of New York connection with affiliated firm’s audit of marine fuel company.

Defended a Big Four accounting firm in an action by a hedge fund arising out of the failure of one of the largest providers of brokerage and clearing services in the international derivatives, currency and futures market.

Represent Big Four accounting firm in Delaware Court of Chancery in shareholder derivative action brought by shareholders of social media company relating to company’s privacy program.

Member of trial team that successfully enjoined the Xerox-Fuji merger on behalf of two of Xerox’s largest shareholders, Darwin Deason and Carl Icahn, after two-day trial in New York State Supreme Court, New York County Commercial Division.

Represented a Brazilian Pharmaceutical company in an ICC arbitration involving an international post-sale dispute.

Represented a Big Four accounting firm in a Senate investigation regarding tax and audit engagements with a Fortune 50 manufacturer.

Represented a Big Four accounting firm in litigation involving Kentucky’s transition from a fee-for-service to a managed care Medicaid program.

Defended one of Mexico’s largest homebuilders in New York State Supreme Court, New York County, Commercial Division, in a claim for breach of contract arising out of a foreign exchange swap agreement.

Represented Southeast Asian energy companies in enforcement proceedings in the Southern District of New York and Second Circuit Court of Appeals against the Lao People’s Democratic Republic to enforce a $57 million arbitral award.

Secured trial victories obtaining dismissal of petitions under the Hague Convention on the Civil Aspects of International Child Abduction, following bench trials in the Southern District of New York and Eastern District of New York, allowing clients to keep their children in the U.S.

Matters

Represent Truist Bank in securities litigation in the Southern District of New York challenging syndicated loan transaction, and in related fraudulent transfer litigation in District of Delaware Bankruptcy Court.

Obtained dismissal of Section 20(a) control person claim against Big Four International Network coordinating entity in securities class action in the Southern District of New York connection with affiliated firm’s audit of marine fuel company.

Defended a Big Four accounting firm in an action by a hedge fund arising out of the failure of one of the largest providers of brokerage and clearing services in the international derivatives, currency and futures market.

See more
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Close

Matters

Represent Truist Bank in securities litigation in the Southern District of New York challenging syndicated loan transaction, and in related fraudulent transfer litigation in District of Delaware Bankruptcy Court.

Obtained dismissal of Section 20(a) control person claim against Big Four International Network coordinating entity in securities class action in the Southern District of New York connection with affiliated firm’s audit of marine fuel company.

Defended a Big Four accounting firm in an action by a hedge fund arising out of the failure of one of the largest providers of brokerage and clearing services in the international derivatives, currency and futures market.

Represent Big Four accounting firm in Delaware Court of Chancery in shareholder derivative action brought by shareholders of social media company relating to company’s privacy program.

Member of trial team that successfully enjoined the Xerox-Fuji merger on behalf of two of Xerox’s largest shareholders, Darwin Deason and Carl Icahn, after two-day trial in New York State Supreme Court, New York County Commercial Division.

Represented a Brazilian Pharmaceutical company in an ICC arbitration involving an international post-sale dispute.

Represented a Big Four accounting firm in a Senate investigation regarding tax and audit engagements with a Fortune 50 manufacturer.

Represented a Big Four accounting firm in litigation involving Kentucky’s transition from a fee-for-service to a managed care Medicaid program.

Defended one of Mexico’s largest homebuilders in New York State Supreme Court, New York County, Commercial Division, in a claim for breach of contract arising out of a foreign exchange swap agreement.

Represented Southeast Asian energy companies in enforcement proceedings in the Southern District of New York and Second Circuit Court of Appeals against the Lao People’s Democratic Republic to enforce a $57 million arbitral award.

Secured trial victories obtaining dismissal of petitions under the Hague Convention on the Civil Aspects of International Child Abduction, following bench trials in the Southern District of New York and Eastern District of New York, allowing clients to keep their children in the U.S.

Credentials

J.D., Fordham University, cum laude

B.A., Binghamton University

New York

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

Law Clerk, Charles L. Brieant, Jr., U.S. District Court for the Southern District of New York