Significant Matters

• When a drug developer breached its agreement to pay a bio-tech search firm its fee for obtaining funding, Phil and his AP&S team successfully developed a legal strategy that won a $2 million judgment for his client after summary judgment and trial—and which was upheld on appeal by the Second Circuit Court of Appeals.
•  After making a hedge-fund investment that lost over 65 percent of its value, a pension fund discovered that the hedge fund’s investments did not comport with representations made by its manager about the fund’s investment composition.  Phil developed the novel strategy of suing under the state Blue Sky Laws to recover the loss.  After a trial court dismissed the claims, he successfully appealed to the Supreme Judicial Court, which ruled, in a case of first impression, that his client had successfully stated a claim for relief.  The case is still ongoing.
• Prevailed before the Massachusetts Supreme Judicial Court on an interlocutory appeal in a case of first impression regarding whether a defendant had preserved its right to a jury trial in the the Land Court.
• He helped a public client to successfully end probes commenced by the client’s regulatory agency and the Massachusetts Inspector General pertaining to the client’s renovation of an investment property.
• He successfully represented a bank in its appeal of a denial of special permits necessary for the construction of a branch office.
• Phil obtained reversal by the First Circuit Court of Appeals of a summary judgment order in which the First Circuit set forth the parameters of partnership-by-estoppel in connection with a law firm’s practice.  This decision was cited by Massachusetts Lawyers Weekly as one of the 10 most important decisions of 2001.
• He successfully argued an appeal to the Massachusetts Supreme Judicial Court against the siting of a coal-fired cogeneration power plant.
• A client who sold a property was upset at the new owner’s plans to develop the property, which differed from his previously represented intentions.  Despite no longer having legal standing to challenge the owner’s plans, Phil and his AP&S team devised a strategy of appearing before the town’s planning board with appropriate experts, and persuaded the board and the owner to modify the plan in accordance with his client’s wishes. 
• He received a favorable jury verdict, including a finding that a bank committed an unfair and deceptive act or practice, for commercial property owners in December 2003.
• Phil received a favorable jury verdict, which was upheld on appeal, on the issue of liability for a client who argued that his United States employment relationship should be governed by Swedish law.  
• He helped obtain summary dismissals in several large securities-fraud class-action cases, including one case where the Court adopted a novel argument regarding same-day trading.
• He successfully represented several high-tech entrepreneurs in stockholder disputes involving allegations of breach of fiduciary duty and/or breach of employment agreements.
• He helped block developments in environmentally and historically sensitive areas, including the successful representation of an abutter opposed to the construction of a 180-car church parking lot in a historic district.

Honors & Distinctions

• AV Rated by Martindale-Hubbell, highest rating given to attorneys.
• Selected as a Massachusetts Super Lawyer each year since its inception, an honor that recognizes him as a leader in the legal community.
• Listed in Super Lawyers National Edition Corporate Counsel.

Community & Civic Activity

• Member of the Norwell Zoning Board of Appeals.
• Co-Chair of his class’ annual giving for Haverford College.
• Member of the Notre Dame Academy PASS Council.

News

• 30 AP&S Attorneys Named to New England Super Lawyers 2009
• Top Honors for Super Lawyers "Superstars" at AP&S
• New England Super Lawyers Includes 15 AP&S Attorneys
• AP&S Attorneys Named Top Business Litigators

Presentations & Events

• Phil Brown, Kelly Martin Malone and Ken Hill Participate in Panel Discussion

Publications & Seminars

•  Law Seminars International, Atlanta  Georgia – “The Unique Aspect of   Software and Systems Integration Projects and the Disputes Arising from Them: Upsides and Downsides of ADR.” '
• Inside The Minds Series, Addressing A Client's Litigation Issues, "A Client's Guide To The Litigation Process", Aspatore Books 2008.
• Speaker at panel discussion entitled "The Social Host - To Be or Not to Be!" at Notre Dame Academy, Hingham, MA.