Philip advises and represents clients in all forms of commercial and business disputes and litigation. Philip’s experience includes contract disputes, business torts, fiduciary litigation, oil and gas disputes, insurance coverage, trade secrets, trademark prosecution and infringement, copyright infringement, environmental litigation, construction and design defects, real estate disputes, and civil rights and First Amendment litigation. Philip actively promotes pro bono programs both within the firm and in the Fort Worth legal community. Before joining Cantey Hanger, Philip served as law clerk to the Honorable Michael H. Schneider, U.S. District Judge (retired) for the Eastern District of Texas.
- Representation of Sabre in breach of contract action relating to Lufthansa’s imposition of a surcharge on customers who book tickets through Sabre.
- Co-counsel on behalf of Berkshire Hathaway in defense of putative class action brought under ERISA. Matter resolved favorably before trial.
- Representation of commercial real estate developer in dispute with former partner in connection with $60+ million development. Matter resolved favorably after defeating opponent’s Anti-SLAPP motion to dismiss.
- Co-counsel for Sabre in breach of contract and anti-trust actions brought against it by American Airlines claiming over $1 billion in damages. Cases settled favorably during jury trial.
- Defended Electronic Arts Inc. against breach of contract and fraud claims where plaintiff asserted millions in damages. Obtained summary judgment dismissing all claims before trial.
- Represented Wells Fargo Bank in litigation it filed in state court seeking declarations that certain investor-owned life insurance policies having death benefits over $40 million were valid and enforceable. Obtained favorable summary judgments and recovered $3 million in attorneys’ fees in a jury trial.
- Co-counsel on behalf of international entertainment franchise in disputes with franchisees over territorial rights.
- Represented landlord of industrial property in suit against former tenant for environmental contamination. Case was resolved favorably before trial.
- Represented Williamson-Dickie in a suit against insurer for coverage for losses attributable to environmental contamination. Case settled favorably before trial.
- Represented estate in dispute with IRS over tax owed on annuity. Case resolved favorably before trial.
- Represented helium producer in action against the Bureau of Land Management in connection with its administration of the federal helium reserve.
- Representation of business owners in disputes with partners, shareholders, and managers over breaches of fiduciary and contractual duties.
Oil and Gas:
- Representation of payees in royalty disputes, including underpayment, nonparticipating royalty rights, post-production deductions, and suspension issues.
- Representation of owners of mineral and water rights in title disputes and water and surface use agreements.
- Represented the City of Fort Worth and the Fort Worth Independent School District in suits filed in state court against Chesapeake Exploration and Total E&P for underpayment of royalties in connection with hundreds of oil and gas leases. Both cases settled favorably returning millions of dollars to taxpayers in past and future underpayments.
- Representation of working interest owners in claims against Chesapeake and Total E&P to recover for breaches of rights under joint operating and exploration and development agreements. Case resolved after obtaining summary judgments for clients confirming questions of liability.
- Representation of owner of mineral rights in West Texas in claims against life-tenant to recover for waste and to determine title. Case resolved favorably before trial.
- Represented natural gas producer and midstream companies in a dispute over construction of natural gas processing facilities in Tarrant and Parker counties.
- Representation of trademark owners in registration and prosecution of trademarks.
- Representation of trademark owners in actions to enforce trademark rights in state and federal courts and before the US Patent and Trademark Office.
- Representation as local counsel in patent disputes in the Eastern, Northern, and Western Districts of Texas.
- Representation of online retailer’s claims for trademark infringement and unfair competition. Case settled favorably before trial, resulting in withdrawal of oppositions pending before the Trademark Trial and Appeal Board.
- Representation of auto parts manufacturer in claims for trademark infringement and unfair competition. Obtained verdict after trial affirming validity of registered trademarks and finding willful unfair competition.
- Representation of packaged food manufacturer in dispute over alleged violations of Uniform Trade Secret Act and employee non-competition agreement. Case reached confidential settlement after defeating opponent’s motion for temporary injunction.
- Representation of software company in breach of contract suit against Dell Computer and in defense of claims for indemnity related to patent infringement. Case settled favorably after obtaining a ruling in client’s favor on Dell’s motion to dismiss.
- Representation in dispute over ownership and cancellation of trademarks related to professional sports franchise. Matter settled favorably before trial.
- Representation of search engine in defense of claims asserted by American Airlines for trademark infringement based on sale of keyword advertising. Matter settled favorably before trial.
- Represented international importer of consumer goods in suit alleging trademark infringement. Matter dismissed by agreement.
Other Representative Engagements:
- Representation of ExxonMobil in actions against attorneys general of New York, Massachusetts, and the US Virgin Islands challenging alleged violations of First Amendment rights about speech over climate change.
- Represented church in First Amendment/Religious Freedom Restoration Act case seeking to require public school to allow church to hold on-campus after school Bible club. Case resolved favorably after hearing on request for temporary injunction.
- Participate in independent investigations and analyses of abuse prevention policies and procedures on behalf of civic and religious institutions.