Antitrust Update Blog is a source of insights, information and analysis on criminal and civil antitrust and competition-related issues. Patterson Belknap’s antitrust lawyers represent clients in antitrust litigation and counseling matters, including those related to pricing, marketing, distribution, franchising, and joint ventures and other strategic alliances. We have significant experience with government civil and criminal/cartel investigations, providing the unique perspectives of former...
Practice Expertise
- Law Firm Defense
- Complex Commercial Actions
- Class Action Litigation
- Alternative Dispute Resolution
Areas of Practice
- Alternative Dispute Resolution
- Class Action Litigation
- Complex Commercial Actions
- Law Firm Defense
- Litigation
- Securities and Derivatives Litigation
- Securities Litigation
- Structured Finance Litigation View More
Profile
Philip Forlenza has extensive experience representing clients in high-stakes disputes over complex financial instruments, including residential backed mortgage securities, collateralized debt obligations, credit default swaps and other derivatives.
Mr. Forlenza is former Chair of the firm's nationally-recognized Law Firm Defense Group. For over 30 years, he represented law firms in cases alleging malpractice, conflict of interest, breach of fiduciary duty and fraud. He also represented law firms and law firm partners in compensation disputes. He has been highly successful with dispositive motions, obtaining dismissal of claims against clients at an early stage in many cases.
Mr. Forlenza has extensive trial and arbitration experience and has argued appeals before the United States Supreme Court, Second Circuit Court of Appeals and New York Court of Appeals. He has conducted numerous investigations of sensitive corporate matters for Fortune 500 and major foreign companies. He has been selected for inclusion in The Best Lawyers in America® for Bet-the-Company Litigation, Legal Malpractice Law, Banking & Finance, and Commercial Litigation and recognized as a "Litigation Star" for New York by Euromoney Institutional Investor PLC’s Benchmark: America's Leading Litigation Firms and Attorneys.
Representative Matters
Financial Litigation
Served as lead trial counsel representing financial guaranty insurers asserting billions of dollars of claims against major financial institutions relating to losses on mortgage-backed securities transactions.
Represented five financial guaranty insurers in industry-wide dispute regarding credit derivative swaps.
Law Firm Defense
Defended major international law firm against accusations that it committed malpractice in drafting the waterfall provisions for three CDO transactions and caused the client to lose more than $80 million.
Obtained defense jury verdict in $46 million suit in one of the few cases the FDIC took to trial following the S&L crash.
Represented national law firm in suit by former hedge fund client seeking $420 million in damages based on alleged malpractice, conflict of interest and fraud.
In a case of first impression nationwide, obtained a summary judgment ruling (seven weeks after suit was commenced) declaring unenforceable per se a “no hire” provision in an agreement between two law firms contemplating merger.
Mounted a vigorous defense that led to the voluntary dismissal of a $100 million malpractice and RICO suit against an AmLaw 100 firm over a complex international financing transaction.
Represented several law firms in malpractice actions relating to patents and patent prosecution.
Retained as lead trial counsel on the eve of trial in two complex malpractice cases.
Bar Admissions
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit; Sixth Circuit
- U.S. District Court, Southern District of New York
- New York
Education
- Fordham University School of Law (J.D., 1966)
- Editor-in-Chief, Fordham Law Review
- Wagner College (B.A., 1963)
Areas of Practice
- Alternative Dispute Resolution
- Class Action Litigation
- Complex Commercial Actions
- Law Firm Defense
- Litigation
- Securities and Derivatives Litigation
- Securities Litigation
- Structured Finance Litigation
Professional Career
Professional Activities and Experience
HONORS: Named in Super Lawyers in the area of Business Litigation; Listed as a "Litigation Star" for New York in Euromoney Institutional Investor PLC’s Benchmark: America's Leading Litigation Firms and Attorneys
MEMBERSHIPS: Member, Departmental Disciplinary Committee of the First Judicial Department, New York Supreme Court, Appellate Division (for six years, three as panel chair); Association of the Bar of the City of New York; American Bar Association
SPEAKING ENGAGEMENTS: "Aggressive Defense of Malpractice Claims," The Law Firm Liability Forum, New York, New York, May 2005; "Defending Lawyers: Reflections of a Trial Lawyer," The Law Firm Liability Forum, New York, New York, June 2004; "The Habits of Highly Effective Litigators," ABA National Legal Malpractice Conference, Miami, Florida, April 2004
Blogs
Data Security Law Blog
DataSecurityLaw.com is the firm’s resource for the latest news, analysis, and thought leadership in the critical area of privacy and cybersecurity law. Patterson Belknap’s Privacy and Data Security practice provides public and private enterprises, their leadership teams and boards with comprehensive services in this critical area. Our team of experienced litigators, corporate advisors and former federal and state prosecutors advises on a broad range of privacy and data protection matters...
Misbranded
Misbranded is Patterson Belknap’s blog covering false advertising litigation—both consumer class actions and competitor suits—with a particular focus on FDA-regulated products (foods/beverages, pharmaceuticals, cosmetics, and dietary supplements).
New York Commercial Division Decisions
The blog is a source for insights and developments related to practice in the Commercial Division of the New York State Supreme Court. This blog reviews key developments in the Commercial Division, including important decisions handed down by the Commercial Division and appellate court decisions reviewing Commercial Division decisions. The blog also covers changes and proposed changes to Commercial Division rules and practice, including revisions to the rules since January 2015. The...
Second Circuit Criminal Law Blog
The Second Circuit Criminal Law Blog is your place to follow the criminal law decisions rendered by the U.S. Court of Appeals for the Second Circuit. With a rich 225-year history of legendary judges like Learned Hand and Henry Friendly, the Second Circuit has long been known for writing important and thoughtful opinions on many subjects, including the criminal law. We review every published criminal law opinion handed down by the Second Circuit in order to provide you with a summary of the...
Meet our Firms and Professionals
WSG’s member firms include legal, investment banking and accounting experts across industries and on a global scale. We invite you to meet our member firms and professionals.
