Phil is a trial lawyer. Although he will search for creative legal and business solutions for his clients, his more than two decades of trial experience for both publicly traded and privately held companies in state and federal courts throughout the country have taught him that some cases simply have to be tried to verdict. Representing companies that have both been wronged and accused of wrongdoing, Phil has honed his trial skills in cases involving complex business litigation (including fraudulent transfer and equitable subordination cases in federal bankruptcy court) and commercial torts (including unfair trade practices, fraud and misappropriation of trade secrets). Employing a strong work ethic and a comprehensive knowledge of his client’s business and industry—all while keeping legal costs in check—Phil’s clients have achieved successful results from verdicts to, when appropriate, favorable pre-trial resolutions.

Professional Activities

American Bar Association

Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

  • Co-chair in week-long trial representing private equity fund and its portfolio companies and their officers against unsecured creditors' committee 77-count complaint alleging fraudulent transfer, breach of fiduciary duty, equitable subordination and substantive consolidation. Although UCC sought $100 million dollar recovery, complete defense verdict obtained.
  • Fortune 500 home manufacturer in numerous actions alleging breach of contract, fraud and unfair trade practices, resolving matters through nuisance payments or favorable jury verdicts.
  • Publicly traded computer company accused of fraudulent transfers by committee of unsecured creditors, resolving multi-million dollar claims for fraction of demand.
  • Liquidating trustee in numerous adversary proceedings against various trade creditors alleging multiple claims including fraudulent transfers, obtaining substantial recoveries for trustee.
  • Fortune 1000 nutrition company in multi-million dollar action against manufacturer of defective food processing systems, obtaining refunded purchase price and lost profits from unrealized sales.
  • Medical device manufacturer accused by national distributor of providing defective product, breach of distribution agreement and unfair trade practices, obtaining favorable result following multi-week AAA arbitration. 
  • Multi-hospital health care system accused by relator of submitting hundreds of millions of dollars of False Claims, obtaining complete dismissal of all claims.
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Bar admissions

1997, North Carolina

Admitted to practice before:

  • North Carolina Supreme Court

Education

  • J.D., 1996,  Notre Dame Law School
    • cum laude
  • B.A., History, 1993, University of Notre Dame
    • magna cum laude
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