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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

    • Apr 08, 2021

C. William Phillips

Partner

New York +1 212 841 1081

  • About
  • Representative Matters
  • Credentials
  • About

    Will Phillips is adept at creating a winning strategy. He has tried cases before judges and juries across the country, and has rarely lost a trial. He uses creative strategies, coupled with a deep involvement in the details of his matters and a highly competitive spirit, to attain a remarkable record of success for clients.

    These achievements have earned Mr. Phillips recognition as a fellow of the American College of Trial Lawyers.

    C. William Phillips staffs cases leanly, recognizing that clients want his full and personal engagement. His positioning, grasp of his clients’ key concerns at every stage and his tough negotiating posture often create a favorable settlement environment for his commercial cases (which include media, M&A, securities fraud, corporate control, derivative, and contract cases). He has achieved notable trial victories for Commerzbank, Bank of New York, New Media Holdings, the Tennis Channel, and Russian media oligarch Vladimir Gusinski. He also has achieved highly favorable pre-trial outcomes for securities and financial claims brought against SandRidge Energy, Johnson & Johnson, Sterling/PNC, JPMorgan Chase, and Freddie Mac.

    Will's clients refer to him as a “real courtroom counsel,” noting his commanding presence at trial and skill in cross examinations. He is co-chair of the firm’s Securities and Financial Litigation practice.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Trials

    • Co-trial counsel in GSN v. Cablevision, which resulted in a significant victory for our client GSN in a carriage claim against Cablevision after a two-week bench trial.
    • Co-lead trial counsel for defendant Commerzbank in Structured Capital Solutions v. Commerzbank, a five-day trial in the Southern District of New York concerning the mechanics and tax implications of a complex structured finance transaction. After trial, the court dismissed all claims against Commerzbank.
    • Lead arbitration trial counsel for the nation’s pre-eminent energy resource provider in a dispute with the purchaser of those resources. The matter settled favorably after three days of trial.
    • Co-lead arbitration trial counsel representing the former head of the New York office of a consulting firm in a dispute with his former employer. The trial lasted twelve days. The arbitrator dismissed nearly all claims against our client.
    • Lead trial counsel for Black Diamond Capital Holdings and BDCM Fund Adviser in a trial concerning the application of sourcing principles under Connecticut and federal tax law, and the valuation of securities distributed as part of carried interest.   

    • Lead trial counsel for The Bank of New York in In re Bank of New England Corp., recovering a judgment for $100 million after trial.
    • Lead trial counsel for New Media Holding and its sister-company, New Media Distribution, in a multi-national corporate control dispute over the ownership of the TVi Channel, a Ukrainian television network. The court awarded a substantial judgment for New Media after a five-month trial.
    • Lead trial counsel for the defendants in Bernard National Loan Investors v. Traditions Management, which resulted in a complete defendants’ verdict after trial.
    • Lead trial counsel in Tennis Channel v. Comcast, representing Tennis Channel in an eight-day trial on claims that Comcast discriminates against Tennis Channel and in favor of its own sports channels in its carriage decisions. The court ruled in favor of Tennis Channel (later reversed on appeal).
    • Lead trial counsel for the National Football League in its dispute with Comcast Cable Communications over the terms of carriage of The NFL Network. The matter settled favorably after trial but before a decision was rendered.

    Securities and Financial Class Actions

    • Lead counsel for Johnson & Johnson and its top management in a securities class action arising from allegations that the Company and certain executives failed to disclose quality issues that led to the largest product recalls in the Company’s history.
    • Lead counsel for SandRidge Energy, Inc. in pending securities class and derivative litigation asserting claims arising out of the consent solicitation for control of SandRidge's board of directors.
    • Lead counsel for JPMorgan Chase in its defense against claims of securities fraud and breach of fiduciary duty in connection with Bank One's role as co-placement agent and indenture trustee for $2 billion in asset-backed securities.
    • Lead counsel for Sterling Financial Corporation (now owned by The PNC Financial Services Group, Inc.) in consolidated securities class action litigation concerning a fraud at a Sterling subsidiary that resulted in a $200 million earnings restatement.
    • Lead counsel for Freddie Mac in defense against twenty securities and derivative class actions that were consolidated into a single multi-billion dollar lawsuit in New York federal court.

    Media

    • Lead counsel for Sony BMG against the bands The Allman Brothers and Cheap Trick, which brought purported class actions on behalf of artists seeking to impose a comprehensive change to the method that the royalties are paid for all digital downloads.
    • Lead trial counsel in Tennis Channel v. Comcast, representing Tennis Channel in an eight-day trial on claims that Comcast discriminates against Tennis Channel and in favor of its own sports channels in its carriage decisions.  The court ruled in favor of Tennis Channel.
    • Lead trial counsel for the National Football League in its dispute with Comcast Cable Communications over the terms of carriage of The NFL Network.  The matter settled favorably after trial but before a decision was rendered.

    Areas of Expertise

  • Credentials
    Education
    • Harvard Law School, J.D., 1982
    • Vanderbilt University, B.A., 1978
    Accolades
    • Legal 500 US, Dispute Resolution - Securities Litigation (2016-2017); Securities: Shareholder Litigation (2014-2015); and Litigation: Securities (2012-2013)
    • New York Super Lawyers, Business Litigation and Securities Litigation (2006-2017)
    • Lawdragon, 100 Lawyers You Need to Know in Securities Litigation (2008)
    Memberships and Affiliations
    • Director of MFY, a non-profit legal organization that provides pro bono legal services.
    • Director of Job Path, a non-profit organization whose mission includes customized employment for autistic adults.

    Areas of Expertise

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