Experience

M&A Litigation

  • Achieved complete arbitration defense win plus attorneys' fees for venture firm in M&A dispute
  • Lead counsel for SPAC target company in lawsuit in Delaware Chancery Court by sponsor seeking to force closing
  • Lead counsel for acquiror in lawsuit in Delaware Chancery Court by target seeking to enforce merger agreement
  • Lead counsel for shareholder representative of selling shareholders of biotech firm in milestone dispute against buyer
  • Represented founder/seller against claims of equity ownership raised after announcement of company sale
  • Represented pharmaceutical company in deal exclusivity dispute
  • Represented founders/sellers of technology company against buyer for failure to pay holdbacks
  • Represented founder/rollover-seller of logistics company in fraud claims against buyer
  • Represented major bank in litigation by acquiror seeking to enforce merger agreement

shareholder/corporate governance

  • Represented biotech company in dispute with former shareholder following IPO
  • Represented private technology company in valuation dispute with shareholders
  • Secured trial win for Starr International against AIG regarding ownership of $4 billion of AIG stock

trade secrets

  • Lead trial counsel for biotech founder in arbitration alleging misappropriation of trade secrets relating to innovative cancer treatments
  • Lead counsel for fintech company in trade secret dispute with competitor
  • Lead counsel for technology company sued by competitor for trade secrets theft following hiring of competitor’s employee

antitrust

  • Lead counsel for pharmaceutical company in antitrust litigation against supplier of components in drug/device combo
  • Obtained dismissal for pharmaceutical company of orphan drug antitrust case brought by generic competitor
  • Represented American Express in antitrust litigation against Visa and Mastercard resulting in record-breaking settlement

bankruptcy

  • Represented founder/seller in fraudulent conveyance claims by the FTX bankruptcy estate
  • Lead counsel for cryptocurrency trading firm in dispute with counterparty in bankruptcy
  • Lead counsel for biotech company in adversary proceeding in bankruptcy court regarding license agreement
  • Represented creditors in Avon bankruptcy
  • Represented opioid creditors of Mallinckrodt in bankruptcy proceedings
  • Represented creditors in JC Penney bankruptcy

Licensing and collaboration disputes

  • Lead counsel for pharmaceutical company in trade secret litigation brought by supplier of components in drug/device combo
  • Lead counsel for biotech company in arbitration over wrongful termination of license agreement
  • Represented biotech company in IP dispute with licensee

securities and commodities

  • Lead counsel for major financial institution in defense of fraud claims by a foreign bank relating to collateralized debt obligations
  • Lead counsel for major financial institution in defense of fraud claims by a hedge fund relating to collateralized debt obligations
  • Represented global asset manager in class action alleging manipulation of Treasury market

other notable representations

  • Secured win for data center company in lease dispute litigation and arbitration
  • Represented Town of East Hampton in litigation concerning the East Hampton airport
  • Secured win for marine exploration company in NAFTA arbitration against Mexico concerning phosphate exploration
  • Lead counsel for America’s Cup defender Oracle Team USA in multiple lawsuits and arbitrations relating to the administration of the 2013 America’s Cup
  • Obtained dismissal of claims against executives of international healthcare company sued in U.S. for fraud by U.S. customer
Bio

Phil is a first-chair trial lawyer with over 25 years of experience navigating high-stakes commercial disputes. He tries cases in courts across the United States and regularly handles complex domestic and international arbitrations.

He represents founders, companies and investment management firms when their transactions, partnerships, and core assets face immediate and significant threats. He focuses his practice on M&A litigation, trade secrets/restrictive covenants and shareholder disputes. Because many of his cases involve emergency and expedited proceedings, Phil is known for his speed, strategic thinking, and sharp judgment.  

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Capabilities
Commercial Litigation
Capabilities
Financial Services Litigation
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