Phil’s practice is focused on representing plaintiffs and defendants in the areas of antitrust and other complex commercial litigation.  Phil has extensive experience in federal and state courts throughout the country, including having led or co-led multiple jury trials through verdict. 

Since joining the firm in 2000, the results Phil has obtained for clients on both sides of the “v” speak for themselves.  On the plaintiff side, Phil has recovered more than $500 million for corporate victims of various price-fixing cartels.  On the defense side, Phil has obtained dismissals of a wide variety of antitrust and other claims brought against Fortune 500 companies, as well as large private and non-profit organizations.

Phil has also been active in the community throughout his professional life. He has handled a variety of pro bono cases, including representing multiple widows before the September 11th Victim Compensation Fund and other pro bono litigants in federal and state court.

Phil and his brother established a charitable foundation that, for the last 20 years, has provided substantial monetary assistance annually to hundreds of children throughout New York and Massachusetts from economically challenged families who suffer from chronic, life-threatening illnesses.  Phil is on the Board of the Beverwyck Lacrosse Club, which provides training, mentoring and academic tutoring to hundreds of underprivileged boys and girls in the Albany area, and he actively supports the WGA’s Caddie Scholarship Fund.

Phil has published multiple articles and received the NYSBA’s Legal Ethics Award for his article Restrictive Covenants, Non-Compete Agreements and DR 2-108.

Significant plaintiff matters:

  • Representing 12 corporate opt-out plaintiffs who were victims of a price-fixing cartel involving LCD panels, achieving total settlements of more than $500 million, exceeding 150 percent of the plaintiffs’ damage claims and more than 5 times what they would have recovered from the class action
  • Representing nine corporate opt-out plaintiffs who were victims of the price-fixing cartel involving Cathode Ray Tubes used in televisions and computer monitors, with total alleged damages exceed $550 million
  • Successfully representing a group of 3,700 retail pharmacies as opt-out plaintiffs in a federal antitrust action against drug manufacturers, achieving settlements far in excess of what they would have received from the class
  • Successfully representing a group of hedge funds on claims that JPMorgan Chase and Citigroup assisted Enron in obtaining bank loans through fraudulent accounting practices
  • Obtaining a substantial jury verdict in federal court for a well-known mystery author in a Lanham Act action against an entertainment/publishing company

Significant defense matters:

  • Defending Warhol Foundation in a case alleging they violated various antitrust laws; after more than three years of litigation, all claims were voluntarily dismissed for no compensation whatsoever
  • Representing AT&T in its opposition to the federal government's settlement of the United States v. Microsoft case
  • Successfully defending AT&T/SBC Communications against antitrust claims of monopolization involving its payphone business
  • Winning summary judgment for Philip Morris dismissing all claims that its wholesale distribution programs violated the antitrust laws
  • Successfully representing DuPont on DOJ's grand jury investigation into its use/study of PFOA

Restrictive Covenants, Non-Compete Agreements and DR 2-108 (N.Y.S.B.A. 1992)

Covenants Not to Compete and Confidentiality of Information, Employment Law Liability and Coverage (D.R.I. 1999)

Chapter 34: New York,Products Liability: 50 State Handbook (West 1995).

  • Albany Law School of Union University, J.D.; Articles Editor, Albany Law Review; Justinian Society; Albany Law School Academic Scholarship; NYS Bar Association Legal Ethics Award
  • Siena College, B.A., magna cum laude, Political Science

Bars

  • New York
  • Connecticut
  • U.S. Court of Appeals: Second Circuit
  • U.S. District Court: Southern District of New York
  • U.S. District Court: Eastern District of New York
  • U.S. District Court: Northern District of New York

American Bar Association

New York State Bar Association