An Order of the Coif graduate of UCLA School of Law, Todd Phillips is a Member in Caplin & Drysdale's Washington, D.C., office. He focuses his practice on complex litigation, with particular emphasis on creditors' rights and bankruptcy litigation, commercial litigation, and class actions. Mr. Phillips is also a member of the firm’s Board of Directors and is Co-Chair of the Lateral Hiring Committee.
Since joining the firm, Mr. Phillips has represented a diverse group of litigation clients ranging from institutional investors to mid-size companies to nonprofit and labor organizations. The following are examples of litigation where he has played a key role:
- representing a private equity firm in multi-jurisdictional litigation and arbitration in disputes over partnership interest;
- representing bankruptcy trust advisory committees in litigation and arbitration;
- representing a beneficiary nonprofit organization in a dispute with trustees over management and distribution of trust assets;
- representing a pilots’ labor organization in an adversary proceeding in the American Airlines bankruptcy;
- representing a not-for-profit organization in a derivative lawsuit brought by a former officer and a director in New York state court;
- defeating summary judgment motion against foreign institutional investors in a securities action in the Southern District of New York;
- obtaining a dismissal with prejudice on a state court complaint based on fraud and other counts brought against a number of defendants, including political campaigns and presidential candidates;
- litigating and settling a consumer class action brought by a putative class against automotive dealership holding companies arising out of the purchase of a warranty product in Maryland state court; and
- litigating and resolving a putative consumer class action based on fraud in federal court.
In the bankruptcy arena, Mr. Phillips protects the rights and interests of creditors, tort claimants, official creditors' committees, and labor organizations. Currently, he represents official creditors’ committees in a number of pending bankruptcies, including: In re Paddock Enterprises, LLC (Bankr. D. Del.); In re ON Marine Services Company LLC (Bankr. W.D. Pa.); In re DBMP LLC (Bankr. W.D.N.C.); In re Aldrich Pump LLC (Bankr. W.D.N.C.); In re Cyprus Mines Corp. (Bankr. D. Del.); In re Kaiser Gypsum Co. (Bankr. W.D.N.C.); and In re The Fairbanks Company (Bankr. N.D. Ga.). Mr. Phillips previously represented the Official Committee of Unsecured Creditors in a lead‐paint related bankruptcy pending in Baltimore, titled In re City Homes LLC III (Bankr. D. Md.), which resulted in a confirmed plan.
Notable representations include the following bankruptcy matters:
- W.R. Grace & Co. (Bankr. D. Del.)
- Motors Liquidation Company (formerly, General Motors) (Bankr. S.D.N.Y.)
- The Great Atlantic & Pacific Tea Company (Bankr. S.D.N.Y.)
- Garlock Sealing Technologies LLC (Bankr. W.D.N.C.)
- AMR Corporation (American Airlines) (Bankr. S.D.N.Y.)
- New England Compounding Pharmacy, Inc. (Bankr. D. Mass.)
- Yarway Corp. (Bankr. D. Del.)
- City Homes (Bankr. D. Md.)
- Eagle, Inc. (Bankr. E.D. La.)
- Sepco Corporation (Bankr. N.D. Ohio)
- Kaiser Gypsum Company, Inc. (Bankr. W.D.N.C.)
- The Fairbanks Company (Bankr. N.D. Ga.)
- Rapid-American Corp. (Bankr. S.D.N.Y.)
- Paddock Enterprises LLC (formerly Owens-Illinois) (Bankr. D. Del.)
- ON Marine Services Company LLC (Bankr. W.D. Pa.)
- DBMP LLC (formerly CertainTeed) (Bankr. W.D.N.C.)
- Aldrich Pump LLC and Murray Boiler LLC (formerly Trane and Ingersoll-Rand) (Bankr. W.D.N.C.)
- Cyprus Mines Corporation (Bankr. D. Del.)
- Mallinckrodt plc (Bankr. D. Del.)
- Purdue Pharma L.P. (Bankr. S.D.N.Y.)
