Todd E. Phillips

Todd E. Phillips is an associate in Caplin & Drysdale's Washington, D.C. office. He joined the firm in 2008. Prior to joining Caplin & Drysdale, Mr. Phillips practiced civil litigation at an international law firm in Los Angeles, California. He received his undergraduate degree from George Washington University and law degree from the UCLA School of Law. 

Services

Mr. Phillips focuses his practice on complex litigation with an emphasis on securities and financial litigation and consumer class actions. He handles a broad range of cases in state and federal courts around the country. He has participated in a variety of commercial litigation matters during his career, representing individuals and companies in various industries, including finance, aerospace, energy, and defense contracting. He has experience in toxic tort litigation, cost recovery, securities litigation and government investigations. In addition, Mr. Phillips participated as a member of the trial team in a multi-billion dollar antitrust action.  

Since joining the firm in 2008, Mr. Phillips has represented businesses, institutional investors, exempt organizations, and creditors' committees in matters including:

• General litigation
• Class actions
• Securities (10b-5) litigation
• Commercial litigation relating to derivatives
• Bankruptcy, fraudulent transfer and creditors' rights litigation

Highlights

Mr. Phillips was instrumental in successfully defeating a summary judgment motion against foreign institutional investors in a securities action in the Southern District of New York. He has played a substantial role in briefing complex issues of first impression before bankruptcy courts, district courts, and courts of appeals. He has extensive experience in briefing and analyzing complex insurance coverage issues, the rights of foreign investors to sue for violations of the United States securities laws, and the practical and constitutional issues involved in bifurcating a securities fraud trial.

Recent Publications

• Stipulation Limiting Damages Cannot Circumvent CAFA Jurisdiction, Mondaq (March 2013)Supreme Court to Consider Impact of Stipulation Limiting Damages on CAFA Jurisdiction, Lexology (September 2012)
• Making Their Mark: The Supreme Court Clarified and Reshaped Class Action Law in the October 2010 Term, Mondaq (August 2011)
• United States Supreme Court Holds That Loss Causation Is Not Required To Obtain Class Certification In A Securities Class Action, Mondaq (June 2011)
• Supreme Court Holds That Agreements With Arbitration Clauses Can Properly Waive Class Action Rights, Lexology (May 2011)
• Securities Fraud Class Action Alert: The Supreme Court to Hear Arguments on Whether Loss Causation Must be Established For Class Certification, Mondaq (April 2011)