Phil Kaplan is a partner in the Orange County office and a member of the Litigation Division. With more than 30 years oflitigation successes, his broad-based trial practice focuses onsecurities, class action, product liability, insurance, real estateand environmental litigation.
Securities and M&A Litigation
Mr. Kaplan represents companies and shareholders in class andderivative actions alleging '33 and '34 Act violations, casesalleging fraud and non-disclosure under state blue-sky laws, pre-and post-closing M&A dispute resolution, and special committeeand governmental investigations.
Mr. Kaplan has defended companies, of all sizes and across awide range of industries, against class and otherrepresentative actions.
Mr. Kaplan has represented manufacturers in the automotive,battery, computer chip and medical device industries against claimsfor breach of warranty, product liability and unfair or deceptivepractices.
Mr. Kaplan has represented banks, insurance companies, mutualfunds and other financial services firms in challenges broughtunder the Investment Company Act of 1940 to their marketing anddisclosure practices, dividend determinations and feestructures.
Mr. Kaplan regularly handles high-stakes coverage matters,including bad faith denial and improper claims litigation and suitsinvolving asbestos, environmental and medical product liabilitycoverage
Mr. Kaplan has defended law firms against legalmalpractice, conflict of interest, breach of fiduciary duty andfraud claims.
Mr. Kaplan has litigated disputes involving the acquisition,construction, financing, and sale or lease of commercial,industrial and residential real estate developments.
Mr. Kaplan has litigated private party and administrativematters involving contribution, indemnity and regulatory complianceclaims relating to environmental pollution, including stateenforcement and private cost recovery groundwater contaminationcases. He has also litigated insurance coverage forenvironmental claims.
Honors & Awards
“Super Lawyer,” Southern California, 2005-2012.
Anti-Defamation League’s Marcus Kaufman Jurisprudence Prize for outstanding commitment to civil rights, 2010.
USC Public Interest Law Foundation's Paul Davis Memorial Award to USC Law Alumnus “Lawyer of the Year” for Pro Bono Work, 2008.
Orange County Public Law Center Law Firm Award for Outstanding Pro Bono work for the homeless for In re, Eichorn, 69 Cal. App. 4th 382 (1998), establishing the necessity defense for a homeless person cited for violating an anti-camping law 1999.
Court Strikes Blow Against Lawyer-Driven Securities Suits, Vol. 17 No. 2, Legal Backgrounder, Washington Legal Foundation, January 11, 2002.
“The Duties of Directors,” Chapman School of Business and Economics, Orange, CA, February 2009.
“Security and Privacy Actions: The Changing Landscape for Business Litigators,” ABTL Statewide Annual Seminar Panelist, October 2007.
“Stock Option Investigations,” O’Melveny & Meyers LLP Corporate Seminar Series, 2006.
“Ethics Issues for Corporate Counsel,” Orange County Bar Association Corporate Counsel Section, 2006.
“Sarbanes-Oxley Compliance,” Southern California ACCA, 2003.
“Crime in the Board Room,” Banyard Inns of Court, 2003.
“Attorney-Client Privilege,” Orange County Bar, Corporate Counsel Section, 2000.
“The Use of Computer Graphics in Environmental Coverage Cases,” CIGNA Claims Department, Philadelphia, 1996.
“Evidence for Corporate Counsel,” Orange County Bar, Corporate Counsel Section, 1995.
“Evidence,” Continuing Education of the Bar, 1994.
“Introduction to Practice in Federal Court,” Continuing Education of the Bar, 1993.