Melissa Fundora Murphy

Biography

Melissa Fundora Murphy is a trial and appellate litigator with more than a decade of experience representing clients in high-stakes litigation, class actions, and multidistrict proceedings across the United States. She defends clients facing bet-the-company exposure in matters involving international mass torts, consumer fraud, product liability, and data privacy disputes.

Melissa counsels clients on complex issues at the forefront of developing law, from dispositive motion practice through appeals. She has substantial experience litigating in courts nationwide, including briefing and/or arguing matters in the U.S. Courts of Appeal for the Second, Third, and Eleventh Circuits and successfully defending clients in proceedings before the U.S. Supreme Court.

Melissa regularly represents multinational companies in disputes involving extraterritoriality, cross-border litigation, and personal jurisdiction issues in U.S. courts. She has deep experience defending claims brought under statutes such as the Anti-Terrorism Act (“ATA”), Torture Victim Protection Act (“TVPA”), and Alien Tort Statute (“ATS”). She also advises global clients navigating claims brought under foreign law and advises on compliance matters involving cross-border regulatory and litigation risk.

Melissa also has extensive experience defending consumer protection and false advertising claims, including under California’s Consumers Legal Remedies Act (“CLRA”), Unfair Competition Law (“UCL”), and False Advertising Law (“FAL”); Florida's Deceptive and Unfair Trade Practices Act (“FDUTPA”); and New York General Business Law (“GBL”) §§ 349 and 350.

Melissa’s practice also includes defending companies in data privacy litigation, including claims involving wiretapping, pixels, cookies, and other website-tracking technologies. She defends clients in data-privacy class actions brought under statutes such as the California Invasion of Privacy Act (“CIPA”), as well as constitutional invasion of privacy claims and other e-commerce-related matters.

Melissa represents clients across a broad range of industry sectors, including consumer-facing retailers, pharmaceutical and life sciences companies, telecommunications providers, food and beverage companies, and other multinational corporations. Her matters frequently involve parallel proceedings in multiple jurisdictions and coordination across large defense teams.

Melissa also represents clients in pro bono matters and was awarded Blank Rome’s Pro Bono Hero award for her successful representation of a juvenile client who had been unconstitutionally sentenced to life without parole. She has also been named to the First Judicial District of Pennsylvania’s Pro Bono Roll of Honor.

Melissa was selected as one of Pennsylvania’s “Lawyers on the Fast Track,” by The Legal Intelligencer and Pennsylvania Law Weekly, an honor recognizing only 30 attorneys statewide as the future leaders of the legal profession. She has also been recognized by Best Lawyers in America as “One to Watch” for commercial litigation.

Experience

Trial and appellate counsel for Chiquita Brands International in multidistrict litigation involving thousands of plaintiffs and claims arising under the ATA, ATS, TVPA, foreign law, and the laws of multiple U.S. states. Melissa served as trial counsel in a seven-week bellwether jury trial in the Southern District of Florida. She has also successfully argued multiple appeals on behalf of Chiquita in the U.S. Court of Appeals for the Eleventh Circuit, including securing a landmark victory on an issue of first impression involving cross-jurisdictional class action tolling. Melissa has also represented Chiquita in the Supreme Court of the United States, successfully defending against multiple petitions for writs of certiorari.
Trial counsel for one of the world’s largest telecommunications companies in Anti-Terrorism Act litigation arising from equipment sales in the Middle East. Melissa argued and won a motion to dismiss for lack of personal jurisdiction on behalf of the multinational corporation’s U.S. subsidiaries.
Counsel in Anti-Terrorism Act litigation on behalf of a global engineering and construction management firm stemming from contracting work in Afghanistan.
Trial counsel for a global eyewear company in putative class actions brought in California, New York, and Florida alleging false advertising and other consumer fraud claims. Melissa argued and won a motion for summary judgment securing judgment in defendant’s favor on key claims.
Trial counsel ?for a multinational corporation in putative class action asserting claims of wiretapping, illegal use of a pen register, invasion of privacy, and fraud stemming from alleged use of cookies, pixels, and other tracking technologies on its websites.
National litigation counsel for a major branded and generic drug manufacturer for product liability claims related to the use of opioids, including personal injury and wrongful death claims consolidated in the In re: National Prescription Opiate Litigation MDL 2804.
National litigation counsel for a major generic drug manufacturer for claims related to ranitidine, including claims consolidated in the In re: Zantac (Ranitidine) Products Liability Litigation MDL 2924.
Counsel in concussion litigation arising out of college athletic programs.