Education
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Fordham University School of Law, J.D., 1989
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Columbia College, Columbia University, A.B., 1982
Bar Admissions
Court Admissions
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United States Supreme Court
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U.S. Court of Appeals for the 2nd, 4th, 11th, and District of Columbia Circuits
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U.S. District Courts for the Eastern and Southern Districts of New York
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Philip Smith represents plaintiffs and defendants in complex litigation and dispute resolution matters throughout the United States and around the world. He regularly represents clients in complex commercial and financial disputes, government investigations and proceedings, cross-border disputes and insolvency matters.
Specifically, Mr. Smith concentrates on securities class action defense, Securities and Exchange Commission (SEC) investigations and enforcement, corporate governance and control disputes, investigations of banks and other financial institutions, complex breach of contract and business tort claims, creditors’ rights and worldwide asset recoveries, private international law and white-collar criminal investigations and proceedings.
Before joining Patton Boggs, Mr. Smith was a partner in the New York office of one of the largest international law firms.
Representative Matters
- Representing an oil and gas company and its directors in numerous shareholder actions following the announcement of its intended $450 million sale to a major producer.
- Representing a major Canadian bank and subsidiaries in a securities fraud action commenced by 13 mutual funds and a hedge fund claiming losses of $60 million, following a successful challenge to certification of a putative class action alleging multibillion dollar investor losses arising from the infamous Bre-X gold mining scandal.
- Representing one of the founders and principals of a prominent foreign financial institution in an SEC enforcement proceeding following a five year investigation.
- Representing oil and gas companies and their officers and directors in securities fraud action brought by a hedge fund which lost a proxy fight in connection with an acquisition of a public oil exploration company.
- Represented founders and directors of a leading gaming industry service provider in shareholder derivative and securities fraud class actions in the District of Nevada.
- Successfully represented a minority shareholder in an expedited Delaware Chancery Court proceeding blocking the efforts by the majority shareholder, a major Swiss bank, to sell a leading mortgage originator and servicer.
- Represented a Canadian securities firm in defense of an $80 million claim in arbitration at FINRA; obtained complete dismissal of claims.
- Represented three major Canadian banks in the Southern District of New York defending a securities fraud action arising from a public offering by a Canadian gold producer.
- Represented a Tier-1 automotive supplier in multijurisdictional litigation with technology co-venturer.
- Represented heirs to a prominent family fortune in a protracted will contest by the decedent’s estate manager who was a large beneficiary under prior wills.
- Represented several Canadian broker-dealers in putative securities fraud class actions in both the United States and Canada arising from a Canadian initial public offering (IPO), where the plaintiffs alleged hundreds of millions of dollars of damages. Clients settled the claims globally for nuisance value.
- Represented one of the largest foreign manufacturers and retailers of eyewear, as well as its U.S. subsidiaries, in a securities class action claiming losses exceeding $500 million, resulting from a successful tender offer for a U.S. public company; favorably resolved case after discovery and filing motion for summary judgment.
- Represented one of the world’s most prominent businessmen and his family’s companies in U.S. and international civil and criminal proceedings emerging from “a significant international” banking scandal. Mr. Smith’s representation included conducting worldwide discovery and trying through judgment and appeals a $111 million dollar enforcement action brought by banking regulators, resulting in the payment of a fraction of the penalty sought and the release of domestically frozen assets totaling hundreds of millions of dollars; also obtained dismissal of a multibillion dollar RICO claim, served as lead counsel in coordinating more than 30 related actions in 11 countries involving multibillion dollar claims, represented related parties in several federal and state grand jury proceedings, and successfully defended a civil action brought by a federal banking receiver including two successful appeals to the Eleventh Circuit.
- Represented the chairman and CEO of a large food service company in a securities fraud class action and resolved the civil claims favorably; also negotiated with the SEC to take no action against his client in a related investigation.
- In a coordinated effort with the SEC and federal prosecutors, recovered most of a Japanese institutional investor’s damages after commencing a civil RICO action for the investor against an issuer and clearing bank in the infamous “Princeton Note” fraud.
- Successfully defended a real estate development company and its officers and directors in a large, complex RICO action, obtaining a complete dismissal which was upheld by the Second Circuit.
- Prosecuted a civil action through jury verdict and successfully recovered the bulk of millions of dollars lost by the client in sophisticated securities fraud.
- Defended a major tobacco manufacturer in a $100 million breach of contract and securities fraud claim action resulting from its sale of an international tobacco merchant. The litigation was favorably settled for nuisance value after extensive foreign discovery on an extremely fast track.
- Tried claims for a Korean petroleum refinery in a maritime arbitration against a supertanker’s owners arising from a late crude oil delivery; the owners paid significant damages to the client after the supertanker’s lack of seaworthiness was demonstrated to the arbitrators using sophisticated models and forensic engineering experts.
- Represented a Swiss bank investor claimant and related investment funds which were swindled in an infamous investment fund fraud, recovering almost all of his client’s multimillion-dollar losses by commencing litigation in Bermuda and asserting innovative claims in the ensuing insolvency proceedings.
Professional Affiliations:
New York State Bar Association
New York City Bar Association
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