Phil Douglas is accomplished in complex and international commercial litigation involving transportation, power, and other infrastructure project disputes. Representative matters include a $200 million claim against Amtrak regarding its high-speed train project, arbitration in Beijing under the China International Economic and Trade Arbitration Commission, the first investor-state arbitration under NAFTA, ICC arbitration of a dispute between defense contractors regarding development of air-to-surface missiles, AAA arbitration regarding the fair market value of a 225 megawatt power plant, prosecution of a $600 million claim regarding the design and construction of a nuclear power plant, and the defense of various international manufacturers of transportation, power generation, and transmission facilities against contract, licensing, and tort claims.
In a case that received the Financial Times' 2011 highly commended rating for innovative litigation, Phil successfully prosecuted a losing bidder's Schedule 13D fraud and deal protection breach claims against a major hedge fund and the target it acquired. In that case, the Delaware Chancery Court ruled that Schedule 13D statements could give rise to common law fraud and that deal protection breaches could entitle the losing bidder to benefit-of-the-bargain damages.
Phil has represented clients in pharmaceutical industry litigation, including the successful defense of a major pharmaceutical company against a $400 million claim arising out of a terminated research and development collaboration agreement.
Phil also has defended defendants, targets, and witnesses in white-collar criminal matters, including the Iran-Contra, Ill-Wind, and Operation Casablanca defense contracting, insider trading, and money laundering investigations.
•Assistant United States Attorney, Southern District of New York, Criminal Division (1979-1984)
•U.S. company evaluates issues associated with filing an antidumping or countervailing duty petition
Garmin wins Second Circuit affirmation of dismissal of $1.9 billion in breach of contract and fraud claims
Essilor acquires controlling stake in Transitions Optical joint venture with PPG for $1.7 billion
Honors & Distinctions
•The Best Lawyers in America (2013, 2014, 2015, and 2016)
•Law Clerk to the Honorable Robert A. Ainsworth Jr., U.S. Court of Appeals, Fifth Circuit (1975-1976)