Philip J. Kessler

Philip J. Kessler

  • 212.751.3003
    214.999.1576
  • 248.258.7901
    214.999.1576
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Partner

  • Thompson & Knight LLP
    900 Third Avenue
    20th Floor
    New York, NY 10022-4728 USA
    212.751.3003
    214.999.1576
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Phil Kessler is a distinguished trial lawyer with 39 years of experience and significant law firm leadership expertise. He concentrates his practice on the prosecution and defense of a wide variety of business disputes and intellectual property litigation on behalf of individuals, partnerships, and private and public corporations.

His extensive experience includes antitrust litigation, audit and actuarial malpractice, bankruptcy litigation, contract litigation, corporate control contests and derivative claims, distributorship litigation, false advertising claims, health care and pharmaceutical counseling and litigation, intra-corporate and partnership disputes, merger and acquisition-related litigation, probate and trust litigation, and securities fraud claims.

Phil's experience in intellectual property litigation includes copyright, trademark, trade secrets and unfair competition, and patent infringement claims.

He also works on a number of high profile and high risk arbitrations in conjunction with 12 Gray's Inn Square in London, one of the world's foremost legal chambers for international dispute resolution.

Experience

  • Represented a critical parts supplier as plaintiff in federal court litigation against a Fortune 100 company involving claims of breach of a long-term requirements contract in a one-month trial; obtained an eight figure jury verdict for the client

  • Represented a privately held company as claimant in an arbitration against an international actuarial firm for malpractice and obtained a substantial award for the client

  • Defended a Fortune 100 company in a suit brought by a competitor for patent infringement in a three-week jury trial with a nominal verdict for the plaintiff

  • Represented the University of Michigan through the United States Supreme Court as co-counsel in landmark federal court cases challenging the University's affirmative action policies in student admissions

  • Defended the American subsidiary of China's third largest privately held company in an automotive supplier dispute in federal court involving breach of contract claims; summary judgment for the defendant; affirmed on appeal

  • Obtained a substantial verdict for a public company automotive supplier as plaintiff in a federal court action for breach of contract; affirmed on appeal

  • Defended a private corporation in former executives' federal court action alleging breach of a deferred executive compensation plan

  • Defended a national health care certifying board in a federal court jury trial alleging antitrust and federal false advertising claims, resulting in one of the leading Sixth Circuit decisions on false advertising law

  • Defended a major regional hospital system in a federal antitrust suit alleging a conspiracy among a hospital and physicians to exclude a cardiologist from the hospital staff; affirmed on appeal

  • Defended a public company semiconductor manufacturer in a federal trademark infringement action; affirmed on appeal

Prior Experience

  • Associate Professor, Contract and Business Litigation, Detroit College of Law
  • Mediator, Oakland County Circuit Court

Distinctions/Honors

  • Fellow, American College of Trial Lawyers; President-Elect, Treasurer and member of the Executive Committee; Regent, 2005-2009

  • Trustee, Secretary, Executive Committee Member, U.S. Supreme Court Historical Society

  • Fellow, The International Society of Barristers

  • Fellow, International Academy of Trial Lawyers

  • Chambers USA by Chambers & Partners (Litigation: General Commercial); multiple years

  • The Best Lawyers in America® by Woodward/White Inc. (Antitrust Law, Bet-the-Company Litigation, Commercial Litigation, Intellectual Property Litigation); 1987-2013

  • Michigan Super Lawyers® by Thomson Reuters (Business Litigation); 2006-2012

  • Who's Who in American Law

  • Who's Who in the World

  • Who's Who Legal (The International Who's Who of Business Lawyers)

  • Martindale-Hubbell AV® Preeminent TM Peer Review Rated

Activities (Memberships/Affiliations)

  • Fellow, American College of Trial Lawyers; President-Elect, Treasurer and member of the Executive Committee; Regent, 2005-2009

  • Fellow, American Bar Foundation

  • Fellow, Michigan State Bar Foundation

  • Life Member, U.S. Court of Appeals, Sixth Circuit Judicial Conference

  • Member, Board of Visitors, The National Judicial College, 2007-2010

  • Former Member and Chair, U.S. District Court for the Eastern District of Michigan, Local Rules Committee