Phil has extensive experience in all aspects of complex litigation. He specializes in financial, commercial, private equity, partnership, antitrust, contract, fraud employment, and appellate cases, working strategically to position his clients to win. He has led multiple trials, arbitrations, and appeals before U.S. District Courts, U.S. Courts of Appeal, U.S. Bankruptcy Courts, state trial courts, state appellate courts, and international and domestic tribunals.

Phil has represented numerous high-profile clients including those involved in investment banking, private equity management, airline transportation, credit card network services, hedge fund management, electric generation and distribution, technology, agricultural and genetic engineering, real estate development and investing, resort and gaming management and ownership, and cable television services as well as ultra-high and high net worth individuals.

These representations have spanned a wide array of matters including complex antitrust matters, high profile securities fraud matters, partnership disputes, breach of contract claims, a variety of aspects of energy litigation including environmental litigation, fraudulent conveyance and other bankruptcy adversary proceedings, shareholder derivative suits, securities and common law fraud claims, RICO suits, employment actions, and release disputes.

Before joining Boies Schiller Flexner in 1998, Phil was a litigation associate at Cravath, Swaine & Moore, where he worked directly for David Boies for most of his time at Cravath.

Some of Phil’s matters include representing:

  • XiO Fund and Athene Li in disputes concerning ownership and control rights arising from XiO’s involvement in private equity management and investments and related disputes
  • Daniel Dantas and Opportunity Equity Partners, Ltd. in disputes concerning ownership and control rights of multibillion-dollar Brazilian companies, private equity, partnership, and contractual disputes
  • Todd Anderson and Anderson’s Conn Valley Winery in a real estate dispute concerning the exercise of an option to purchase land
  • Jefferies in disputes involving tortious interference claims asserted by another Investment Bank concerning employment relationships of the respective firms’ investment bankers
  • American Express in antitrust actions by merchants and the U.S. Department of Justice
  • Caithness, an independent power producer, in billion-dollar litigation concerning environmental issues, in partnership and contract disputes, employment disputes, and in antitrust investigations and claims
  • Major banks that were investigated concerning their participation in mortgage-backed securities, credit default swaps, collateralized debt obligations, and other credit derivatives
  • Kerzner International in a trademark dispute involving the “Atlantis” marks
  • Delta Air Lines with respect to an antitrust challenge to Delta's merger with Northwest Airlines
  • Monarch Master Funding and Trilogy Portfolio in appealing from an adverse judgment in the TOUSA bankruptcy
  • Adelphia, in several actions involving securities fraud, RICO, and accountant malpractice, stemming from a major corporate scandal
  • Auction participants in price-fixing antitrust claims 
  • Lou Caiola in a securities fraud case that resulted in a Second Circuit ruling to include synthetic options as a security
  • Waterford Group in a partnership dispute related to the development of the Mohegan Sun Casino
  • Georgia-Pacific in a price-fixing class action related to commercial tissue and in toxic tort claims
  • 3Com in a class action shareholder derivative suit concerning share price decline following an earnings miss

  • University of Virginia School of Law, J.D.; Editorial Staff, Journal of Law and Politics
  • Cornell University, B.A., with distinction, Physics

Bars

  • New York
  • U.S. District Court: Southern District of New York
  • U.S. District Court: Eastern District of New York
  • U.S. Court of Appeals: Second Circuit
  • U.S. Court of Appeals: Eighth Circuit
  • U.S. Court of Appeals: Ninth Circuit
  • U.S. Court of Appeals: Eleventh Circuit
  • U.S. Court of Appeals: Federal Circuit