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| ACCOUNTING | |
Murphy, Pearson, Bradley & Feeney offers
a unique practice group for the defense of accounting
professionals. Arthur V. Pearson, the managing
partner of the practice group, has extensive experience
in the field, and the practice group includes
a CPA/Attorney, and a certified tax specialist.
Those who have been involved in accounting liability
claims, or the defense of accountants, realize
these cases are expensive. They are complex, and
confusion on the part of the jury and parties
themselves adds to the expense of handling and
defending these matters.
More than fifty percent of accounting claims
or claims against accounting professionals are
related to taxes. The vast majority involve income,
estate and employment tax problems. In this regard,
the unique area of expertise that Murphy, Pearson,
Bradley & Feeney offers its clients includes
a damage mitigation goal. Simply put, the law
firm steps in to resolve, before the taxing authorities,
the defect that created the damages. Often this
involves petitioning to have penalties waived
by the I.R.S., or in instances where taxes have
interest and penalties which have already been
paid, Murphy, Pearson, Bradley & Feeney sues
the I.R.S. for a refund for the benefit of the
taxpayer, thus entirely eliminating the causal
damage connection to the accountant or accounting
professional.
If you are an accounting professional who has
a problem with a client concerning an I.R.S. situation,
Murphy, Pearson, Bradley & Feeney will provide
you with an initial review of the situation without
charge, and would be pleased to represent your
interests or those of the complaining client.
If you are an insurance carrier who has a problem
with an insured accountant or other professional
involved in taxes, our firm has the ability to
deal with both the prelitigation workout of cases,
as well as handling cases in front of the tax
courts through completion and appeal.
Contact
Sacramento: Gregory A. Bastian
San Francisco: Arthur V. Pearson
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| ADMINISTRATIVE |
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Murphy, Pearson, Bradley & Feeney has experience
in representing individuals and businesses in
administrative law proceedings and hearings, including
actions under the Administrative Procedures Act
before California state and local agencies, including
the Office of Administrative Hearings. The issues
presented by administrative agency actions are
as varied as the functions of the agencies, and
can range from licensing and enforcement issues
to personnel matters. Murphy, Pearson, Bradley
& Feeney's administrative law group has knowledge
of administrative procedures and government law
critical to success in the administrative adjudicatory
process.
Contact
Robert Lucas
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| ARCHITECT
AND ENGINEER |
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In almost every circumstance where a building
is alleged to have been constructed in some defective
manner, the design professional will become a
defendant or cross-defendant in protracted litigation.
Murphy, Pearson, Bradley & Feeney's expertise
in defending professionals in this area originated
in the early 1980s with the defense of architects
and engineers insured by and through Fremont Insurance
Company and Professional Managers, Inc.
The Architect and Engineer practice group has
overlapping expertise in construction defect litigation,
including the defense of general contractors and
developers in actions brought either by homeowners,
homeowner associations, or governmental entities.
Murphy, Pearson, Bradley & Feeney has the
ability to promptly investigate and analyze construction
claims in order to advise clients on litigations risks and options. Contact
Sacramento: Gregory A. Bastian
San Francisco:William S. Kronenberg or John Feeney
Los Angeles: Peter Zomber
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| BANKING
LAW |
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Murphy, Pearson,
Bradley & Feeney has relationships with several
banks in California, including Wells Fargo. The firm has broad-based experience handling
all types of banking litigation from fair debt collection
in bad check cases to complex real estate
business disputes.
Contact
Sacramento: Gregory A. Bastian
San Francisco: Timothy Halloran
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| BANKRUPTCY |
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The firm represents parties in a broad range
of cases before the federal bankruptcy courts,
including preference, fraudulent conveyance and
other avoidance actions. The firm has extensive experience
analyzing, negotiating, settling and, if necessary,
trying adversary proceedings initiated by bankruptcy
trustees seeking to avoid and recover preferential
and/or fraudulent transfers.
Contact
Vincent O'Gara
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| BUSINESS
ENTITIES |
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Murphy, Pearson, Bradley & Feeney provides its clients with counseling in business
entity formation. Choosing to form a limited liability
company over a corporation, for example, may have
significant tax implications, as well as liability
ramifications for those in management. The firm also counsels mature client companies
in creating subsidiaries, "spin-off" companies,
and joint ventures.
Contact
Michael Bradley or
Aaron McClellan
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| BUSINESS
LITIGATION |
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The Business Litigation practice group is headed
by James A. Murphy and Michael P. Bradley.
Since 1978, Murphy, Pearson, Bradley & Feeney
has been handling all types of business litigation
including Americans With Disabilities Act compliance,
personal service contract litigation, and commercial
contract cases.
Contact
Sacramento: Gregory A. Bastian
San Francisco: James Murphy or Michael Bradley
Los Angeles: Peter Zomber Back to Top
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| BUSINESS
TRANSACTIONS |
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Murphy, Pearson, Bradley & Feeney provides counseling,
negotiation, and drafting in business operation
matters. From Letters of Intent and Memoranda
of Understanding to Buy-Sell Agreements and Exclusive
Sale Agreements, from Non-disclosure Agreements
and Development Agreements to Marketing and Distributor
Agreements, the firm provides its clients with
comprehensive business transaction experience.
Contact
Michael Bradley
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| CONSTRUCTION
DEFECT LITIGATION |
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The Construction Defect Litigation practice group
is headed by Gregory A. Bastian in Sacramento
and William S. Kronenberg in San Francisco.
In addition to the defense of design professionals,
Murphy, Pearson, Bradley & Feeney handles
all types of construction defect litigation involving
contractors, subcontractors, and developers.
Our clients include the Building Trades Association,
as well as insurers who insure contractors, such
as Golden Eagle Insurance Company and Insurance
Company of the West.
Murphy, Pearson, Bradley & Feeney prides
itself on minimizing litigation costs
in large construction cases, which by their
very nature, consume enormous amounts of time
and costs for depositions, travel and expert witnesses.
Our experience in knowing how and when to litigate
these cases sets us apart from other defense firms.
Contact
Sacramento: Gregory A. Bastian
Los Angeles: Peter Zomber Back to Top
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| EMPLOYMENT
LAW |
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Murphy, Pearson, Bradley & Feeney provides
practical advice and guidance on the critical
issues facing California's employers: hiring and
firing; harassment investigations; leased employees;
wage and hour compliance; disability accommodation;
mass layoffs and plant closures; contract disputes
and protection of trade secrets. We draft and
review personnel policies, employment manuals,
contracts and severance agreements. We provide
harassment and discrimination prevention seminars
specifically designed to comply with California's
newly-enacted training mandate.
In addition, we have extensive experience defending
companies and individuals in employment-related
litigation -- both in federal and state court
and before administrative agencies. We represent
clients on all claims arising from the workplace,
including allegations of discrimination, breach
of contract, sexual harassment, racial harassment,
violation of family leave laws, violation of wage
and hour laws, defamation, invasion of privacy,
trade secrets violations, wrongful termination
and retaliation.
Contact
Sacramento: William Munoz
San Francisco: Mark S. Perelman
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- California Employers With 50 Or More Employees Must Provide Harassment Prevention Training By January 1, 2006.Click HereTo Learn About Training Options.
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| HIGH
TECHNOLOGY & BUSINESS COUNSELING | |
The firm offers an array of services geared toward
high-tech clients in software, hardware, web,
and wireless. Services include negotiating and
drafting of software and license agreements; non-disclosure
agreements; and software, hardware, and website
development and maintenance agreements.
Contact
Michael Bradley or Aaron McClellan
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| INSURANCE
LAW | |
The interpretation of insurance contracts, the
defense of bad faith actions against insurance
companies, and the creation of concise and articulate
strategies for insurance carriers in the handling
of insurance claims has been a specialty of Murphy,
Pearson, Bradley & Feeney since 1978.
Contact
San Francisco: James Murphy
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| INSURANCE
AGENTS PROFESSIONAL LIABILITY | |
The practice group for insurance professionals
is headed by Mark S. Perelman and Gregory A. Bastian.
This practice group provides a varied array of
experience for financial life advisors and insurance
agents with respect to life, health, property,
and casualty policies.
Particularly in the health agent's market, changes
in the structure of health care insurance, including
HMOs, PPOs and the creation of risk pools, has
increased the potential exposure of agents with
regard to unpaid medical benefits and gaps in
coverage and insolvencies. Murphy, Pearson, Bradley
& Feeney has extensive experience in class
actions involving health agent issues, and has
a relationship with many of the major carriers
who insure agents, including Fireman's Fund Insurance
Company.
Contact
Sacramento: Gregory A. Bastian
San Francisco: Mark Perleman
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| PROTECTION
OF INTELLECTUAL PROPERTY COUNSELING SERVICES | |
Murphy, Pearson, Bradley & Feeney continues to
offer its clients counseling in Protection of
Intellectual Property, including Copyrights, Trademarks,
Trade Secrets and domain names.
Contact
Michael P. Bradley or Aaron McClellan
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| LEGAL
PROFESSIONAL LIABILITY | |
Murphy, Pearson, Bradley & Feeney has a national
reputation for defending professionals in malpractice
matters. The firm's reputation is based, in no small part, upon its extraordinary
trial success in the defense of attorneys. Combined
with this trial success, Murphy, Pearson, Bradley
& Feeney also enjoys an excellent appellate
reputation, having published decisions helping
to define and delineate the responsibilities of
lawyers to their clients.
In defending the interests of lawyers in California,
Murphy, Pearson, Bradley & Feeney does not
abide by the common misconception that attorneys
are perceived by the public in an unfavorable
light. It is our experience that juries look at
the individual lawyer, and we present our cases
based on the individual, not public opinion polls.
It is the commitment to the individual lawyer
or law firm that gives Murphy, Pearson, Bradley
& Feeney an edge in handling cases for its
attorney clients. Combining a belief in our clients
with a commitment towards resolving matters in
an efficient and economic manner, gives rise to
the highest compliments our clients can give -
referrals of other professionals who have been
sued or have had claims made against them.
Our firm has a relationship with all of the major
insurance companies who insure professionals in
California.
Contact
Sacramento: Gregory A. Bastian or William Munoz
San Francisco: James Murphy, Michael Bradley or Timothy Halloran
Los Angeles: Peter Zomber
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| MEDICAL
MALPRACTICE | |
As the practice of medicine goes through some
of its most dramatic changes, Murphy, Pearson,
Bradley & Feeney continues to maintain its
excellent reputation for the defense of medical
professionals, including doctors, nurses, podiatrists,
chiropractors, oral surgeons, psychiatrists, physical
therapists and massage therapists.
Because Murphy, Pearson, Bradley & Feeney
specializes only in litigation, we are able to
provide our expertise to medical practitioners
in trial advocacy, as well as the mediation and
representation of medical practitioners before
medical boards.
Murphy, Pearson, Bradley & Feeney uses innovative
strategies for the retention of experts, for cost
savings in terms of defending these cases, as
well as the explanation of difficult and complicated
medical issues to jurors.
Our clients include hospitals, medical practitioners,
and major insurance companies who insure practitioners,
including CNA Insurance Companies and The Doctors'
Company.
Contact
Sacramento: Gregory A. Bastian
San Francisco: Timothy Halloran or Arthur Pearson
Los Angeles: Peter Zomber Back to Top
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| OFFICERS-DIRECTORS
PROFESSIONAL LIABILITY | |
Murphy, Pearson, Bradley & Feeney
has extensive experience defending officers and directors of profit and non-profit corporations. The firm has handled the defense
of officers and directors in major cases (i.e.,
the Technical Equities litigation in the late
1980s), including the defense of officers in nonprofit
corporations being sued for errors and omissions
related to funding and/or finances.
James A. Murphy and Michael P. Bradley are members
of the American Board of Trial Advocates, and
provide extraordinary trial skill, as well as
consummate litigation and mediation expertise
to defend the officers and directors of corporations
who have become involved in either third party
litigation or shareholder derivative cases.
Contact
San Francisco: James Murphy or Michael Bradley
Los Angeles: Peter Zomber Back to Top
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| PREMISES
LIABILITY | |
Murphy, Pearson, Bradley & Feeney's premises
liability expertise began as a result of its relationship
with major insurance companies who insure commercial
and residential homes, as well as retail stores
and businesses. The firm offers its clients expertise
in handling all types of litigation, including
personal injury, property damage and business
losses.
Murphy, Pearson, Bradley & Feeney's clients
include Nordstrom, Wells Fargo Bank, and North
Beach Leather.
Murphy, Pearson, Bradley & Feeney would be
happy to provide you with a varied array of both
risk management analysis, and litigation and mediation
services. We also offer a flexible fee arrangement,
including flat rate billing, for our clients.
Contact
San Francisco: William Kronenberg
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| PRODUCT
LIABILITY | |
A bicyclist screaming down the hills in Marin
County crashes, badly injuring himself and threatening
a potential Olympic career. The bike manufacturer,
the helmet manufacturer, the distributors for
these products, the entities who manufactured
the component parts overseas, and the bike shop
that last fixed the bike are all parties to the
lawsuit, and are all potentially liable.
A small picture framing company distributes to
major retail stores, picture frames manufactured
by an overseas company, but painted in California.
Does the picture frame violate Proposition 65
toxic tort disclosure? Who is liable for the disclosure?
How can the apportioned responsibility of a defect
on the frame be handled between and among these
interests?
Murphy, Pearson, Bradley & Feeney's product
liability group has handled just such cases. John
H. Feeney has extensive experience in product
liability for sports equipment and medical devices.
Timothy J. Halloran has been handling retail product
liability, as well as chemical and pharmaceutical
product liability.
The philosophy of the practice group is that
prompt investigation, judgment and decisiveness
go hand in hand with decisions as to whether a
particular case should go to trial or be resolved
early.
Murphy, Pearson, Bradley & Feeney prides
itself in its ability to give its clients the
highest quality of legal representation, while
at the same time, adhering to cost conscious standards
such that the client achieves results for its
spending.
Contact
San Francisco: John Feeney or Timothy Halloran
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| REAL
ESTATE PROFESSIONAL LIABILITY | |
Murphy, Pearson, Bradley &
Feeney has had extensive experience in handling
all areas of real estate errors and omissions.
The firm has handled hundreds
of cases involving real estate malpractice, and
the firm itself has enjoyed an excellent reputation
in successfully defending these cases for realtors.
The firm's expertise extends to all of your
real estate related problems, including residential
and commercial errors and omissions, contract
disputes, and representation before the
Real Estate Board of Realtors.
Contact
San Francisco: Mark Perelman
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| SECURITY
BROKER PROFESSIONAL LIABILITY | |
Murphy, Pearson, Bradley & Feeney has successfully represented securities brokers and their sales agents in federal and state courts and in private arbitrations. Volatile market conditions will continue to foster claims against professionals in the securities industry. The firm's broad-based experience in handling these distinctive claims promotes a prompt and economical resolution of these disputes.
Contact:
Sacramento. Gregory A. Bastian
San Francisco: Vincent O'Gara
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| TAX
LAW | |
In addition to the accounting and tax oriented
legal malpractice litigation, Murphy, Pearson,
Bradley & Feeney's tax group is also involved
in tax controversies.
Arthur V. Pearson, LL.M. (Tax), Gregory A. Bastian,
and Joan Low (CPA and attorney) represent clients
in controversies with the Internal Revenue Service,
California Franchise Tax Board, Employment Development
Department, and Board of Equalization.
In most tax controversies, the taxpayer feels
intimidated by the process, the demands and the
power enjoyed by the tax agency involved. Murphy,
Pearson, Bradley & Feeney's tax group provides
our clients with confidence about their taxpayer
rights, a speedy assessment of the situation,
and advice regarding available options. Frequently,
negotiations with the tax authorities can yield
results that are faster and better than administrative
or judicial litigation. Our experience in litigation
has taught us what level of preparation is required
to produce results.
Timely analysis of tax problems and modeling
of various options provides Murphy, Pearson, Bradley
& Feeney's clients with the kind of broad
view vision that makes decision making much easier
and choices clearer. This same process can be
used for planning purposes before controversies
with tax authorities occur. Seeking IRS sanction
to treat transactions in a certain way by means
of Private Letter Rulings is just one service
we can provide in the planning area.
Contact
Sacramento: Gregory A. Bastian
San Francisco: Arthur V. Pearson or Joan E. Low
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| TRADEMARK-PATENT
LITIGATION | |
Murphy, Pearson, Bradley & Feeney has continued
to offer its clientele a wide array of services,
including litigation skills in patent and trademark
litigation.
Murphy, Pearson, Bradley & Feeney offers
its clients experienced trial lawyers, with excellent
expert consultation, at a rate that is economically
more reasonable for companies who cannot use mega-law
firms in handling their patent and trademark litigation.
Contact
San Francisco: Michael Bradley or Timothy Halloran
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