Michael Murphy focuses his practice on consulting and representing clients on issues related to antitrust and competition, product pricing and distribution, advertising and marketing, intellectual property, and e-commerce. Additionally, Michael represents clients in complex business litigation.
Michael advises product manufacturers on the design and implementation of distribution and resale price maintenance strategies focusing on removing unauthorized Internet resellers and limiting online price erosion. Michael has developed customized distribution strategies and legal foundations for product manufacturers in numerous regions of the world and across many product verticals. Further, Michael and his team assist clients in developing and enforcing gray market and counterfeit suppression strategies. He counsels clients on distribution and pricing strategies in North America, Europe, Asia, and Australia.
Michael consults and litigates on behalf of clients regarding a range of antitrust/competition issues, including monopolization issues under the Sherman Act and pricing issues under the Robinson-Patman Act.
Additionally, Michael has experience assisting clients with the procurement and negotiation of contracts with governmental agencies on the federal, state and local levels.
Besides antitrust litigation, Michael’s litigation experience includes disputes regarding complex business issues, real estate, and intellectual property.
Prior to joining K&L Gates, Michael was a partner at a national law firm. He previously clerked for the Honorable Judge Louis R. Meloni in the New Jersey Superior Court.
- Named Top Antitrust Lawyers by Boston Magazine (2023)
- Named to Massachusetts Rising Stars list for Antitrust Litigation (2016-2020)
- Co-Founder of Cradles to Crayons Emerging Leaders Council
- Previous board member of the Teach for America Greater Boston Alumni Advisory Board
- Has served on numerous campaign and finance committees including those of Senator John F. Kerry and Representative Michael E. Capuano
- IADC Trial Academy Alumni (International Association of Defense Counsel Trial Academy)
- Teach for America corps member
- Speaker, “Protecting Your Cosmetics Empire: Exploring IP Protections and Anti-Counterfeiting Strategies,” American Conference Institute, 29 September 2023
- Speaker, “What’s Permitted & What’s Not: Go-To-Market Strategies in the UK and Europe,” Trackstreet Webinar, 4 August 2022
- Speaker, “Robinson-Patman Act Primer: Prohibitions and Practical Applications,” American Bar Association, Section of Antitrust Law, 15 December 2021
- Speaker, “Enforcing on Unauthorized Sellers,” Trackstreet Webinar, 6 October 2021
- Speaker, “How Strong is Your Foundation? Authorized Resellers & Pricing Programs,” Trackstreet Webinar, 9 June 2021
- Speaker, “Authorized Reseller Agreements 101,” Saving Lifestyle Brands Podcast, 24 March 2021
- Speaker, “Building the Proper Legal Foundation to Gain Control of eCommerce Sales” and “Expert Panel Roundtable,” AMZ Atlas Summit, 11 February 2021
- Speaker, “Brand Protecion in a Digital World,” Chicago Bar Association, Intellectual Property Committee, 25 September 2020
- Speaker, “E-commerce & Amazon Marketplace in the time of Covid-19,” Howell & Associate Webinar, 5 May 2020
- Speaker, “Keeping Your E-Commerce Channel Safe,” Trackstreet Webinar, 21 April 2020
- Speaker, “The Intersection of Business, Government and Current Events,” 22nd Annual Sawyer Business School Honors Networking Event, 4 March 2020
- Speaker, “The First Pillar of a Successful Pricing Policy,” PriceSpider Podcast, 4 March 2020
- Speaker, “Legal Panel Discussion: Join some of the brightest legal minds in MAP as they address challenges and solutions facing MAP today,” ORIS Summit by PriceSpider, 17 October 2019
- Speaker, “4 Pillars of Online Protection,” ASD Market Week, July 30, 2019
- Speaker, 21st Anti-Counterfeiting & Brand Protection Conference, 28-30 January 2019
- Speaker, “Managing Marketplaces- The Legal Questions,” ORIS Intelligence Summit, 4 October 2018
Additionally, Michael regularly speaks at the national sales conferences of product manufacturers on a variety of topics related to brand protection.
- “Businesses Should Prepare For FTC Use Of Robinson-Patman,” Law360, 20 July 2022
- “Resale Price Maintenance Policies A Century After Colgate,” Law360, 30 May 2019
- “Manufacturers Need To Mitigate Risk Of Price Bias Claims,” Law360, 12 April 2019
- “Resale Price Maintenance in China: One Country, Two Systems,” LexisNexis, 19 June 2018
- “Disfavored Retailers Turn Up Volume On Robinson-Patman,” Law360, 20 February 2018
- “What To Expect From 7th Circ. In Robinson-Patman Case,” Law360, 16 March 2016
- “What is the Kennedy Act, And What Can it Do for Me?” Cradles to Crayons Blog post, January 2010
- “The Race for 2011 Appropriations: On Your EARmarks, Get Set, Go!,” ChannelWorks’ “ChannelWise,” December 2009
- ”Finally…Stimulus Money for Auto Parts Industry,” PWA Newsline, a publication of the Performance Warehouse Association and Performance Automotive Retailer, Vol. 39 Issue 3, 2009
- Quoted, “Defending Your Brand: Proactive Approaches To Combat Counterfeits,” Beauty Matter, 5 May 2024
