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Mr. Phillips is a partner in the Firm�s Litigation Group. He is an experienced trial lawyer, who focuses his practice on general commercial litigation with particular emphasis on trademark and unfair competition litigation, chancery practice, lender liability defense and real property litigation. His practice concentrates on complex, sophisticated litigations in state and federal courts throughout the country. Mr. Phillips has extensive experience representing banks and other lenders in recovery of funds and defense of lender liability actions, corporate dissolutions and shareholder rights actions and trademark and unfair competition litigation. He has tried numerous jury and non-jury cases in state and federal as lead counsel, and has participated as trial counsel in other trials as well. His cases have taken him before state and federal courts as well as the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office. Legal Experience LeClairRyan, New York, New York and Newark, New Jersey, December 2007-Present Seiden Wayne, New York, New York and Newark, New Jersey, 1991-2007 (merged with LeClairRyan) Fischer, Kagan, Ascione & Zaretski, Clifton, New Jersey, 1986-1989 Law Clerk, The Honorable Raymond W. Young, J.S.C., 1985-1986 Education Temple University School of Law, J.D., 1985 Wilkes University, B.A., Political Science, 1981 Extended Information Representative Matters Represented two individuals and their corporate entities in defense of $120 million RICO and fraud claims, ultimately leading to the dismissal of all claims and recovery of legal fees Led trial team that represented Long Island company against Philadelphia reinsurance broker and former employee on tortious interference, unfair competition and breach of duty of loyalty claims, resulting in million dollar plus verdict after a four week jury trial Represented lender in ten year long defense of lender liability claims, including four month trial, resulting in verdict for lender and dismissal of all claims of borrower Served as lead counsel in numerous jury and non-jury trials, in state and federal courts of New York and New Jersey Represented whistleblower against NY Stock Exchange Company and negotiated million dollar plus settlement on eve of trial Represented New Jersey corporation in prosecution of false advertising claims against major health care manufacturer Represented numerous plaintiffs and defendants in applications for injunctive relief for intellectual property infringements, as well as for use and theft of trade secrets and proprietary information Published Works The Subprime Litigation Explosion Is Here, New Jersey Association of Corporate Counsel Newsletter, October 8, 2007. Function Over Form: Patent Holders Should Not Be Able To Extend Protections Through Trademark or Trade Dress New Jersey Law Journal, Vol. 188, No. 3, April 23, 2007. Nominative Use of Mark Allowed: Third Circuit Adopts Nominative Fair Use as Affirmative Defense to Trademark Infringement, New Jersey Law Journal, Vol. 183, No. 11, March 13, 2006. Protecting Trademarks In Foreign Lands: The Ninth Circuit Revisits The Extra-Territorial Reach of the Lanham Act New Jersey Law Journal, Vol. 182, No. 8, November 21, 2005. Enforcing Arbitration Awards Against Foreign Entities The New Jersey Law Journal, August 29, 2005, reprinted in The Metropolitan Corporate Counsel Magazine, November 2005. Classes and Seminars Taught Enforcing Arbitration Awards Against Foreign Entities, New Jersey State Bar Association Annual Mid-Year Convention, Orlando, Florida, November 8, 2002. Litigating the Big Case for a Solo Practitioner, New Jersey State Bar Association Annual Convention, Atlantic City, New Jersey, May 19, 2005. Litigating the Big Case for a Solo Practitioner, New Jersey Institute for Continuing Legal Education, Fairfield, New Jersey, November 8, 2005 Prepare for the Subprime Mortgage Crises Legal & Regulatory Fallout: Lender Liability Issues, BankHorizons 2007 Convention, Edison, New Jersey, October 16, 2007. Professional Memberships New Jersey State Bar Association New York State Bar Association District of Columbia Bar Association American Bar Association Admissions New Jersey New Yor Pennsylvania (inactive) Washington, D.C. Place of Birth Elizabeth City, North Carolina. |
