- Co-lead trial counsel in a multiweek jury trial related to a several-hundred-million-dollar acquisition that culminated in a verdict in the clients’ favor, including a favorable jury verdict related to claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of contract, and misappropriation of a commodity trading model.
- Co-lead trial counsel on a team that achieved a full defense victory in a bet-the-company commercial contract dispute.
- Represented an investments fund in pursuing RICO, fraud, and conspiracy claims against company insiders and co-conspirators arising from a years-long scheme that culminated in $1 billion in international asset transfers, including defeating multiple motions to dismiss and to compel arbitration, as well as defeating a motion to stay pending a petition for writ of certiorari to the U.S. Supreme Court regarding jurisdictional issues.
- Represented a commercial lender and its founders in defending federal litigation brought by their former employer asserting trade secret misappropriation under the Defend Trade Secrets Act, breach of fiduciary duty, and other business torts arising out of the formation of an allegedly competing venture that pursued a strategy that combined commercial lending and credit card payment processing.
- Represented an investment management firm in a lawsuit involving the defendants’ alleged breach of a letter of intent and exclusivity agreement related to the acquisition of several hundred million dollars of foreign trade receivables.
- Represented a global digital news organization and its CEO in multiple litigations regarding the ownership of a storied newspaper brand that included claims for breach of fiduciary duty, fraud, and theft of trade secrets.
- Achieved a complete defense verdict in a bet-the-company AAA International Arbitration seeking consequential damages arising from the alleged breach of a garment manufacturing agreement.
- Achieved a complete defense verdict in AAA arbitration asserting claims for fraud and breach of contract.
- Represented the former chief executive officer of a public company sued for breach of fiduciary duty and fraud and obtained a court order mandating the plaintiff entity to provide advancement and indemnification.
- Represented a leading cryptocurrency company in Delaware Court of Chancery litigation challenging the termination of a billion-dollar merger transaction.
- Represented a private equity fund and its founder and principal in derivative action alleging breach of fiduciary duty, including duty of oversight failures, related to the servicing of a portfolio of Chinese non-performing loans.
Partner,
- Phone: +1 212 905 9036
- Email: ryan.philp@alston.com
Ryan is a go-to lawyer for high-stakes cases involving corporate governance, breaches of fiduciary duty, fraud, and bet-the-company business disputes. He is an experienced trial lawyer that is equally adept at bringing parties to the negotiating table.
- Represented a private equity fund in a creditor derivative action asserting claims for breach of fiduciary duty to recover for the funds and other investors in a company looted by its management and other co-conspirators.
- Represented a business development company and its senior executives in breach of fiduciary duty action in the Delaware Court of Chancery.
- Represented the controlling stockholder of a global investment management firm and its chief executive officer in a stockholder class action in the Delaware Court of Chancery asserting breach of fiduciary duty claims concerning the stock-for-stock merger of commercial and residential real estate companies.
- Represented an international investor in direct and derivative litigation against its joint venture partner and a senior executive arising out of alleged misappropriation of trade secrets, breaches of contract and breaches of fiduciary duty in connection with a competing Chinese pharmaceutical technology venture.
- Represented a global specialty metals and mineral company in Delaware litigation related to the termination of a long-term supply agreement.
- Defended a mortgage executive in a multiweek jury trial in one of the largest and most significant cases brought by the Department of Justice arising out of the 2008 financial crisis.
- Represented a private equity portfolio company in various contractual rep and warranty actions, indemnification disputes and earn-out disputes arising out strategic acquisitions.
- Represented a private equity owned debtor in seeking bankruptcy protection and in adversary proceedings related to the alleged improper termination of franchise agreements.
- Represented an unsecured creditors committee in a bankruptcy court adversary proceeding seeking damages for fraudulent conveyances and preferential transfers to the controlling stockholder.
- Represented the largest creditor of a nationwide mortgage lender in challenging an expedited Bankruptcy Code Section 363 sale.
- Represented a private equity fund in challenging an expedited Bankruptcy Code Section 363 sale of a large power plant.
- Represented a solar developer in successfully defending an attempt to enjoin a solar development project.
- Represented investment banks in consumer class actions under FDCPA, TCPA and numerous other state and federal consumer protection statutes.
- Represented clients in Section 1782 discovery proceedings.
- Represented numerous clients in stockholder suits seeking to enjoin merger transactions based on an alleged disclosure deficiencies.
Ryan M. Philp is co-head of the firm’s Financial Services and Investment Funds Litigation Group. He represents a wide array of clients (including private equity firms, investment funds, and other financial institutions) in a broad spectrum of complex business, securities, and corporate litigation matters. Ryan has substantial expertise litigating cases alleging breaches of fiduciary duty or fraud arising from M&A transactions, securities offerings, and financing transactions, as well as indemnification claims, earn-outs, and rep and warranty disputes. He also provides counseling regarding fiduciary duty compliance and best practices.
Ryan has extensive trial experience. He has tried cases in state and federal courts (including bankruptcy courts) throughout the country, as well as commercial and international arbitrations and regulatory tribunals.
Ryan also litigates matters involving alleged trade secret misappropriation, including in cases involving commercial lending, payment processing, and pharmaceutical technologies.
Ryan is a frequent author and speaker on issues of corporate governance and director and officer liability. He was recognized by The Legal 500 US for Dispute Resolution: General Commercial Disputes and won JD Supra’s Readers’ Choice Award in the area of M&A for 2022-2023.
Bar Admissions
- New York
- New Jersey
Education
- Seton Hall University (J.D., 2003)
- Loyola University Maryland (B.A., 2000)