LOS ANGELES-When premier litigation firm O'Neill, Lysaght & Sun, also known as "the Brians," shook
the legal community with its dissolution in 2003, most of the attention went to the movements of
the senior partners: Brian Lysaght left for DLA Piper, and the other name partners, Brian O'Neill and
Brian Sun, were scooped up quickly by Jones Day.
But in the background, another drama was developing among some of the younger partners. Paul Murphy
and David Rosen turned down offers at Jones Day to strike out on their own, forming the Santa Monica
litigation boutique Murphy Rosen & Cohen, with law-school buddy and sole practitioner Philip Cohen.
"We were kind of the young guns at O'Neill, Lysaght & Sun," Murphy, 41, said recently. "We learned a lot from them, but we got to a point where we started running our own cases and gaining our own clients. We talked about starting our own firm."
At the time, Robert Meylan, a partner at O'Neill, opted not to join Murphy and Rosen and instead became a partner at Greenberg Traurig.
Last week, Meylan, 46, an experienced business litigator with clients such as underwriters at Lloyd's of London and manufacturer Bearing Point, reunited with Murphy and Rosen at Murphy Rosen & Cohen, which deals primarily in business litigation and criminal defense. He joins the firm after a year with Richardson & Patel.
"I thought at the time I needed a larger firm," Meylan said of his earlier choice not to join the boutique. "I've realized since that it was a big mistake. I should have joined them right away."
Meylan was in the middle of two major trials during the transition and, he said, believed he needed a large platform for his clients. One of the cases, against toy giant Mattel Inc., led to a $20 million verdict in 2004 on behalf of Meylan's client, Hong Kong-based Realtoy. In the other case, Meylan obtained a $5 million judgment in 2005 on behalf of Honda Trading America Corp. in a botched joint-venture deal.
He said partnering again with Murphy and Rosen feels like he's coming home. He said he comes to the firm seeking the camaraderie he once had at O'Neill, Lysaght & Sun as well as the legal excellence.
"I think a niche remains for small litigation boutiques in Los Angeles," Meylan said. "I think the goal is to attempt to replicate the O'Neill, Lysaght & Sun model, which was a combination of good trial lawyers, experienced civil litigators, as well as white-collar lawyers."
Murphy Rosen & Cohen has remained largely under the radar since it started, and it has grown to a firm of four partners and five associates and of-counsel. The firm has had some small but notable victories, including successfully defending Philip Morris USA in a breach of contract and defamation case and representing a client against the Securities and Exchange Commission's allegations of improper debt forgiveness that led to the case's dismissal.
In 2007, Cohen, 42, obtained an acquittal for the lead defendant in a deadly weapon case in which the victims were Glendale police officers. The co-defendant was represented by Mark Geragos.
The firm counts among its corporate clients Nu Image, Mortgage It and Extreme Entertainment Group. Individual clients include actors Brian Presley and Sasha Mitchell as well as former NBA coach Don Casey.
But can the firm one day become another O'Neill, Lysaght & Sun?
At least one industry observer believes the firm has the potential to mimic the glory days of the Brians.
"I like their determination, I like way it's set up. I think it's off to a good start," said legal recruiter Alan Miles. "I think if they keep doing what they're doing and adding people like Meylan, ... in several years, they can have a firm very similar to O'Neill Lysaght & Sun."
Murphy said the firm is eager to make its footprint in the litigation field.
"We want to grow, but the question is, How fast and how far?" Murphy said. "We're young, we're aggressive, we like to have fun and we realize sometimes there are bigger things than lawyering."
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