How Phil Helps Clients
Phil focuses on consumer finance, consumer protection, business disputes, and contract matters. He represents financial institutions, and telecommunications, healthcare and hospitality companies in single plaintiff and class action litigation arising from federal and state consumer finance and consumer protection statutes. His work with financial institutions extends to multiple business lines, including auto finance, credit card, retail bank, and mortgage.
Phil has extensive experience defending claims under the alphabet soup of consumer protection laws including the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA), Fair Housing Act (FHA), Equal Credit Opportunity Act (ECOA), and state consumer protection statutes.
Phil’s business litigation practice focuses on contract disputes, restrictive covenants, fraud-based business torts, misappropriation of trade secrets, and Lanham Act claims.
Phil was formerly a partner at an Am Law 100 firm, where he served as nationwide counsel for a national bank in offensive auto finance matters, and as regional counsel for defensive cases.
He was named Associate Fellow in 2016 by the Litigation Counsel of America and has been consecutively named to Washington, D.C. rising Stars for Business Litigation and Consumer Law, 2014-2018.
What Clients Can Expect
Clients rely on Phil’s strategic, practical, team approach to litigation and risk management. He leverages an in-depth knowledge of his clients’ business to mitigate litigation risk and exposure both before and after a lawsuit is filed. Pre-suit, Phil counsels clients on their policies and procedures, and recommends changes to avoid being sued. Post-suit, Phil diligently presents cost-effective, efficient solutions to resolve the litigation as quickly as possible and consistent with his clients’ long-term goals.
Outside the Office
Phil is actively involved in the greater Washington, D.C. community and has held leadership positions within organizations that promote issues he is passionate about, such as early education, diversity and inclusion in the legal industry, and hunger relief.
In his spare time, Phil mountain bikes, supports Liverpool FC, works on houses, and sees many concerts and movies.
Auto Finance Litigation and Counseling
- Served as national counsel for a major national bank to lead all nationwide, offensive auto finance litigation against dealerships related to TT&L, power-booking, down payment, residency, brokering, etc. fraud; breaches of reps and warranties ; third-party F&I products ; dealer reserve; and other origination and assignment-based claims
- Served as regional counsel for a major national bank to lead all defensive auto finance litigation alleging federal and state consumer protection/UDAAP claims related to origination and servicing/collections
- Negotiated the transfer and reassignment of vehicle titles held by dealership floor plan lenders on behalf of a major national bank
- Counseled national banks on CFPB enforcement strategy related to auto finance
Class Action and Consumer Protection
- Obtained early dismissals of state consumer protection claims in multiple class and single plaintiff cases for leading financial institutions based on preemption and arguments for a broad scope of fiduciary powers under the National Bank Act
- Obtained early dismissal of consumer protection claims for a global investment and advisory company in a Canadian class action
- Designed and supervised a remediation program for a financial services company to argue for state law safe harbor as to putative class members in secured lending/repossession case, resulting in a settlement for named plaintiff alone
- Argued for dismissal of federal and state privacy claims based on lack of cross-jurisdictional tolling, leading to favorable/nominal class settlement for a major online service provider sued under the Electronic Communications Privacy Act
- Devised strategy for a health care provider to trigger cancellation provision in a services contract, resulting in the voluntary dismissal of an injunctive relief class action
- Argued successfully for CAFA jurisdiction in multiple cases
- Established lack of successor liability based on historical 8-K and 10-K filings, resulting in the voluntary dismissal of a global hotel/resort corporation in a mass tort action
- Established lack of jurisdiction as to a Hungarian LLC, resulting in the vacatur of a 10-year old judgment, and mooting a motion to enforce judgment against the largest telecommunications company in Romania
- Represented financial institutions and other entities in multiple trade secret and business tort cases, as both plaintiff and defendant, resulting in favorable outcomes including injunctive relief, voluntary dismissals, and summary judgment
- Represented national banks in grand jury subpoenas for testimony and documents
- Defended financial institutions in single plaintiff actions alleging violation of consumer finance statutes related to credit card, retail bank, and mortgage products
- Counseled national bank on state laws related to mortgage origination/servicing, and design related 50-state surveys
George Mason University School of Law, J.D., 2007, cum laude
The College of William & Mary, B.A., 2001, government
- District of Columbia
- Supreme Court of the United States (SCOTUS)
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the District of Nebraska
- U.S. District Court for the Western District of Oklahoma
Smithsonian Early Enrichment Center, Board of Directors, 2015-2018
Asian Pacific American Bar Association, Board of Directors, Vice-President for Education, 2014-2016
Loudoun Hunger Relief, Board of Directors, 2009-2012