Philip A. Toomey is a Partner at Leech Tishman and a member of the Employment, Corporate, Litigation and Real Estate Practice Groups. Phil is based in Leech Tishman's El Segundo, CA office and serves as the firm's West Coast Business & Employment Client Relations Partner, where he manages California business, labor and employment matters.
Phil serves as the trusted outside general counsel for international, privately held, and small to mid-market companies in the aerospace, transportation, manufacturing, food production, office and retail services industries, among others.
Phil has more than 37 years of successful business and courtroom experience in helping business owners and organizations sustain and build their enterprises. Clients rely on his rare combination of business experience and legal expertise to meet their needs. Phil regularly advises clients on issues involving commercial & civil litigation, employment law, insurance and risk management, ethics and business compliance, real estate, intellectual property, internal/external investigations, strategic transactions, corporate structure issues and other business law matters.
Phil is in demand as a frequent panelist, moderator, and expert speaker at industry events and seminars, and has authored professional articles offering business and legal advice in numerous publications including Accounting Today, PEO Insider, Progressive Grocer, Nation’s Restaurant News, and The Deal Magazine.
Employment & Litigation
Phil is a well-respected litigator in employment and business law matters, and has a successful track record of litigating claims for both public and private employers involving:
Affirmative Action and OFCCP compliance
Collective bargaining agreements/grievance administration
Defense of class action wage and hour claims
Disability accommodation & ADA compliance
Disciplinary action and termination
Discrimination claims involving disability, race, age and ethnicity
Diversion of corporate opportunities
Drugs/alcohol in the workplace
Employment agreements, hiring and contracts
Employee benefits consulting
Employee handbooks/policies & procedures
Family/medical leaves of absence
Misuse of confidential information
Planning and defending reduction in force initiatives, corporate campaigns and union organization activity
Pre-employment testing and background checks
Public policy/whistleblower claims
Restrictive covenants and confidentiality agreements
Severance agreements, waivers and releases
Strikes, picketing & boycott advice
Trade secret/unfair competition
Unemployment compensation claims
Unfair labor practice complaints
Unionized employee arbitrations
Use of temporary/leased/contract employees and independent contractors
Violation of civil rights
Wrongful termination/employment at-will
Phil regularly advocates on behalf of public and private employers before federal and state agencies include the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor, the Public Employee Retirement Board, the California Department of Fair Employment and Housing, and the California Employment Development Department.
Phil is also a Los Angeles Superior Court trained mediator. In addition, he has investigated and resolved numerous sensitive in-house matters, involving corporate ethics, senior level management and key employees. Phil has successfully closed several senior level separations, and advised management and boards on successor employer liability, Sarbanes-Oxley, and fiduciary obligations.
On the corporate side, Phil has set up, dissolved, kept compliant, merged and acquired hundreds of privately held businesses. He has negotiated and documented exit strategies, including leveraged management buy-outs. Phil has also successfully negotiated with a host of Fortune 1000 companies.
Insurance & Risk Management
From the perspective of risk management, Phil has reviewed hundreds of insurance policies and negotiated coverage disputes.
Phil regularly handles Employment Practices Liability Insurance (EPLI) covered claims as pre-approved counsel. He has also managed outside or assigned attorneys, driving discussions of risk, strategy, planning, cost and impact.