A Harvard Law School graduate with four decades of experience handling sophisticated litigation, Phil is a powerful advocate for businesses as well as individuals in resolving critically important disputes. Phil’s long-standing leadership extends beyond the courtroom to key roles in influential bar associations, state and local politics, and community organizations.
Selected to the list of New York Super Lawyers for five consecutive years, he has extensive background with a wide variety of litigation. He developed strong foundational skills at two of the country’s largest law firms – Cravath, Swaine & Moore and Weil Gotshal & Manges – and has a strong track record handling a diverse array of jury and bench trials as well as appeals in state and federal courts.
Phil has particular experience representing business and individual clients in matters including First Amendment issues, copyright infringement, partnership disputes, securities fraud allegations, Section 1983 civil rights, and real estate-related litigation. He has also represented college students accused of misconduct, arguing forcefully for students’ rights to due process in major Title IX lawsuits against universities. Phil’s significant victories include a landmark libel case at the appellate level, an extensive property-related jury trial in New York State Supreme Court, a two-month federal securities fraud trial, and reversal of discovery sanctions in a breach of contract case in New York County Supreme Court.
In addition to his client commitments, Phil has assumed leadership roles in bar associations, politics, and local nonprofits. His bar association involvement includes more than 10 years helping to uphold high standards of practice in the legal profession as a member of the professional discipline committees for the New York State and New York City bar associations. He has long been active in politics, and has served as local and county committeeman and delegate to the Republican National Convention. A lifelong baseball fan, he has contributed his time over many years to youth and adult leagues in his community.
Phil is the proud father of two accomplished military sons: a U.S Army Major who served four tours of duty, and earned a Bronze Star for his service in Iraq; and a Wounded Warrior U.S. Marines Captain who earned a Purple Heart for his service in Afghanistan.
- Harvard Law School, J.D.
- DePauw University, B.A. summa cum laude
- New York
- U.S. District Court – Southern District of New York
- U.S. District Court – Eastern District of New York
- U.S. District Court – Southern District of Ohio
- U.S. Court of Appeals – Second Circuit
- U.S. Court of Appeals – Sixth Circuit
- U.S. Court of Appeals – Eleventh Circuit
- U.S. Court of Appeals – Federal Circuit
- U.S. Supreme Court
- U.S. Tax Court
- Selected to the New York Super Lawyers List, 2012-2016
- New York State Bar Association
- Chair, Discovery in Disciplinary Proceedings Subcommittee
- Secretary, Professional Discipline Committee
- Former member, Trial Evidence Committee
- Former chair, Trial Evidence Rules Subcommittee
- New York City Bar Association
- Member, Professional Discipline Committee
- Former secretary, International Security Committee
- Advisory Council member, Republican National
- Lawyers Association
- Board member, Anglosphere Society
- American Bar Association
- Current general member
- Former member, Trial Evidence Committee
- Member, Federalist Society
- Recipient, DePauw University Community Service Award (2008)
- Former law clerk to the Honorable Judge John W. Peck of the U.S. Court of Appeals for the Sixth Circuit
Phil’s political and community involvement includes the following:
- New York Republican Party Committeeman for Suffolk County and Huntington, Long Island
- Delegate, 10th Judicial District Republican Nominating Convention
- Delegate, 2008 Republican National Convention
- Member, 2008 Lawyers for McCain
- Recording secretary, Long Island Ronald Reagan Republican Club
- Huntington Tri-Village Little League/Senior League Baseball Association
- Executive board member, legal advisor and former team coach
- Commissioner, manager and player, Long Island Stan Musial Adult Baseball League
- Elder, Central Presbyterian Church of Huntington
- Successfully defended scientist in libel allegations brought by a European pharmaceutical company in landmark libel case at the New York Court of Appeals
- Prevailed in defense of Manhattan real estate company in 2-month federal court trial against securities fraud allegations related to failed condominium conversion
- In New York State Supreme Court, successfully represented former IBM software executive in two-week property-related jury trial
- Secured reversal – in New York Appellate Division – of award of discovery sanctions for alleged spoliation of electronic evidence
- Won multi-defendant communications-related copyright infringement case in federal court in the Western District of Pennsylvania
- Prevailed on appeal in unwinding of a conversion of a New York limited partnership into a Delaware limited liability company
- Representing student accused of misconduct in high profile U.S. Court of Appeals Title IX case against Columbia University
- On behalf of garment industry business, won on summary judgment in copyright infringement case in federal court in the Southern District of New York
Quoted, “Columbia Male Student Urges Circuit to Revive His Bias Suit,” New York Law Journal.
Quoted, “Paul Nungesser’s Suit Against Columbia Over Mattress Protest Is Dismissed,” The Huffington Post.
Quoted, “Emma Sulkowicz carrying mattress at graduation further smeared student accused of rape, Columbia suit will allege,” New York Daily News.
Quoted, “Paul Nungesser’s Lawyers Accused Emma Sulkowicz of ‘Anti-Male’ Campaign,” Jezebel.
Mentioned, “Judge throws out DelShah’s $4M securities fraud lawsuit over SetaiWall Street conversion,” The Real Deal.
Quoted, “DelShah Loses Fraud Suit Over $4M Loss in Condo Conversion,” Law360.
Mentioned, Anthony Lewis’ Abroad at Home column “Abusing The Law,” The New York Times.