Philip Le B.Douglas

Of Counsel

(T) + 1.212.326.3611

Philip Douglas has more than 40 years' experience successfully litigating complex disputes in the United States and in other nations. His work has been "highly commended" for innovative litigation by the Financial Times. Clients return to Phil for their most important disputes.

Phil successfully defended Garmin International against a $2 billion lawsuit regarding a hedge fund's efforts to establish a broadband network within the satellite spectrum; prosecuted a losing bidder's Schedule 13D fraud and deal protection breach claims against the Harbinger hedge fund and the target it acquired; prosecuted a $600 million lawsuit against the designer of nuclear power plants; litigated a $462 million lawsuit regarding the sale of Argentinean power assets; defended a $400 million claim arising out a pharmaceutical development agreement; litigated a contractor's $200 million claim against Amtrak regarding the Acela Project; prosecuted the first investor-state arbitration under NAFTA; arbitrated in Beijing under the China Economic and Trade Arbitration Commission; and defended an ICC arbitration regarding the development of an air-to-surface missile. He has successfully represented international manufacturers of transportation, power generation, and transmission facilities in infrastructure cases.

Phil's pro bono service includes a successful challenge to Defense Department regulations denying security clearance to categories of recently naturalized U.S. citizens and the successful defense of an environmental organization against a retaliatory "SLAAP" lawsuit.

Experience

  • Garmin® acquires Tacx, the leading manufacturer of indoor bike trainersJones Day advised Garmin Ltd. in its acquisition of the Tacx group, a Dutch family business that designs and manufactures high end indoor bike trainers, tools and accessories, as well as indoor training software and applications.
  • U.S. company evaluates issues associated with filing an antidumping or countervailing duty petitionJones Day is helping a U.S. company evaluate issues associated with filing an antidumping and/or countervailing duty petition targeting products imported from China.
  • Garmin wins Second Circuit affirmation of dismissal of $1.9 billion in breach of contract and fraud claimsJones Day client Garmin International, Inc. ("Garmin") obtained the dismissal of a multi-billion-dollar claim, as well as the plaintiffs’ payment of a confidential sum to Garmin, in settlement of a case brought by plaintiffs LightSquared, Inc., LightSquared LP; and LightSquared Subsidiary LLC (collectively, "LightSquared").
  • Essilor acquires controlling stake in Transitions Optical joint venture with PPG for $1.7 billionJones Day advised Essilor International SA in its $1.7 billion buyout of a 51 percent interest in Transitions Optical group from joint venture partner PPG Industries.
  • Satellite operator wins multi-million dollar award in arbitration against commercial satellite launcherIn April 2011, the AAA's International Centre for Dispute Resolution issued a multi-million dollar award in favor of a satellite operator, represented by Jones Day, in connection with its contract claim against a commercial satellite launcher.
  • NACCO resolves claims against Harbinger hedge fundsIn 2006, Applica Incorporated terminated its merger agreement with Jones Day client NACCO Industries, Inc. in favor of a competing offer from the Harbinger hedge funds.
  • Prince Jefri Bolkiah, member of Bruneian royal family, pursues claims of fraud and breach of fiduciary duty against two former advisorsJones Day represents Prince Jefri Bolkiah, a member of the royal family of Brunei, pursuing claims of fraud and breach of fiduciary duty against two former advisors of Prince Jefri, Faith Zaman and Thomas Derbyshire, and related parties.
  • Bombardier Trust and Fondation J. Armand Bombardier obtain dismissal of receiver action to recover payments by insolvent investment fundIn 2007, the receiver for Northshore Asset Management LLC, an insolvent investment fund, brought suit in the Southern District of New York to recover Northshore's payments on investments redeemed by Jones Day's clients Bombardier Trust (Canada) and Fondation J. Armand Bombardier.
  • NACCO makes $325 unsolicited tender offer for ApplicaJones Day advised NACCO Industries, Inc. in its $325.5 million unsolicited tender offer for Applica Incorporated.
  • Bombardier settles subpoena enforcement action related to Amtrak Inspector General investigationBombardier, Inc. was represented by Jones Day in a subpoena enforcement action related to an investigation by Amtrak's Inspector General.
  • Bombardier Transportation successfully defends against royalty claims arising out of license of monorail technologyJones Day represented Bombardier Inc. ("Bombardier") in an arbitration initiated by Disney Enterprises ("Disney") before the American Arbitration Association in Los Angeles.
  • The following represents experience prior to joining Jones Day.

    ABB, Inc.
    ABB Daimler-Benz Transportation (North America), Inc. v. National Railroad Passenger Corp. and New Jersey Transit, 14 F. Supp.2d 75 (D.D.C. 1998).  Successfully represented client in connection with claims arising out of the design and construction of a static frequency converter station. 

    L.K. Comstock & Company, Inc. v. ABB Traction, Inc., American Arb. Assoc. Case No. 13-110-00812-95.  Successfully defended client in AAA arbitration brought by consortium partner arising out of the design and construction of a static frequency converter for Amtrak and New Jersey Transit.

    Department of Water & Power of the City of Los Angeles, et al. v. ABB Power T&D Company, Inc., 702 F. Supp. 1178 (N.D. Cal. 1995).  Successfully defended client against claims arising out of a catastrophic fire at the Sylmar-East HVDC Converter Terminal for the Pacific Intertie. After filing at least 20 major briefs, we obtained a series of rulings dismissing plaintiffs’ fraud, tort, contract and RAM warranty claims and all demands for consequential damages.

    Combustion Engineering, Inc. v. R.E.G. Associates, Inc. and Robert E. Grisemer, Civil Action No. 2:92-00991, (D. Conn). Successfully defended client against claims relating to our client's waste-to-energy plants in Hartford, Detroit and Honolulu.

    Great Northern Nekoosa Corp. v. ASEA AB, et al., 657 F. Supp. 1253 (N.D. Ark. 1987).  Successfully defended client against claims arising out of the failure of a turbine-powered cogeneration facility.

    Fermenta Products, Inc. v. ASEA Industrial Systems, Inc., et al., No. 85 04473, Ct of Common Pleas of Chester County, PA; ASEA Industrial Systems, Inc., et al. v. Fermenta Products, Inc., No. 85-07250, Ct of Common Pleas of Chester Cty, PA.  Successfully defended client against claims arising out of failures of electrical drives causing Swedish pharmaceutical concern to lose penicillin production capacity.

    Matson Navigation Co., Inc. v. ASEA Stal AB, 609 F. Supp. 579 (N.D. Cal. 1985); Sea Land Services, Inc. v. ASEA Stal AB, No. 85-575 (D.N.J.)  Successfully defended client against California and New Jersey actions relating to failures of marine propulsion steam turbines.

    Abbott Chemicals, Inc. v. ASEA AB, Civil No. 86-1305, (D.P.R.)  Successfully defended client in Puerto Rico against claims resulting from failures of the world’s largest diesel-powered cogeneration facility. On our motion, the court dismissed the case in favor of arbitration in Sweden on the ground that our client was a third-party beneficiary of an arbitration clause to which it was not a party.

    ASEA Stal AB and ASEA Inc. v. Leaf River Forest Products, Inc., No. H-86-2676, (S.D. Tex); Leaf River Forest Products, Inc. v. ASEA Stal AB and ASEA, Inc., No. H-87-0037, (S.D. Miss.)  Successfully defended client against claims relating to failure of a turbine-generator located at a Mississippi pulp mill.

    Banco Internacional, S.A.
    United States of America v. $3,148,884.40 United States Currency, 76 F. Supp.2d 1063 (C.D. Cal. 1999); United States of America v. Banco Internacional/BITAL S.A., 110 F. Supp.2d 1272 (C.D. Cal. 2000).  Successfully defended client against civil forfeiture and civil money laundering claim arising out of FBI’s "Operation Casablanca" sting operation in Mexico and California. All claims were dismissed and all seized funds returned to client.

    Bombardier Inc.
    Fred E. Weiderhold, Jr., as Inspector General, National Railroad Passenger Corporation v. Bombardier, Inc., Alstom Transportation, Inc. and Northeast Corridor Maintenance Services Company, Case #1:05-mc-00367 (U.S.D.C. for the District of Columbia). Successfully defended client in multi-year Inspector General investigation and related litigation arising out of April 2005 suspension of Acela service due to brake problem. The litigation settled on March 15, 2007.

    United States Aircraft Insurance Group v. Dwiggins, LLC and Bombardier Capital, Inc., Civil Action No. 03-173 (U.S.D.C., District of Delaware). In a case arising out of a crash of a Learjet in Brazil, Plaintiff insurer sought to deny coverage to our client, the beneficiary of a lienholder’s endorsement to the insurance policy. After eliminating most of the issues in the case by means of a successful summary judgment motion filed with our answer, our client ultimately secured full coverage and reimbursement of all attorney's fees.

    Bombardier Transit Corp. v. Southern California Regional Rail Authority, (IFB No. EP 110-04). Successful prosecution of bid protest against Southern California Regional Rail Authority's disqualification of client in commuter rail procurement. After four months of administrative proceedings, the authority voluntarily agreed that the client had been improperly disqualified and ordered that the procurement be cancelled in favor of an entirely new request for proposals.

    Bombardier Corporation v. National Railroad Passenger Corporation, 298 F. Supp. 2d 1 (D.D.C. 2002), aff'd, 333 F.2d 250 (D.C. Cir. 2003).  Successful prosecution of multi-hundred million claim against Amtrak regarding the design and delivery of the Acela high-speed train.

    Cleveland Electric Illuminating Company
    The Cleveland Electric Illuminating Co., et al. v. General Electric Company, Case No. 1-91CV 1651, (N.D. Ohio). Over the course of seven years, represented the owners of a nuclear power plant in connection with their claims in Ohio federal court arising out of design problems and construction delays. The resulting litigation involved complex engineering questions and an analysis of the plant's 17-year construction history. Among other things, we supervised and integrated the efforts of 20 experts in various fields and prepared a 23-volume damages report.

    Ethyl Corporation
    Ethyl Corporation v. The Government of Canada, (Arbitration Under Chapter 11 of the North American Free Trade Agreement). In the first ever investor-state arbitration under the NAFTA, successfully represented the American manufacturer of a manganese fuel additive against the Government of Canada.

    Illinova Generating Company
    Illinova Generating Co. v. CNSAC, No. V99242. Represented an American joint-venture partner in CIETAC arbitration in China arising out of the design and construction of a coal-fired fluidized bed co-generation project in Hunan Province.

    Norsk Forsvarsteknologi a/s
    Grumman Aerospace Corporation v. Norsk Forsvarsteknologi a/s, No. 7405/ES, (ICC Court of Arbitration). Represented Norwegian defense contractor in an ICC arbitration in London, Oslo and New York, arising out of an international joint venture to develop and market anti-ship missiles.

    Pfizer Inc.
    Pharmacia & Upjohn Co. v. Elan Pharmaceuticals, Inc., 781 N.Y.S.2d 95 (1st Dep’t 2004). Successful defense of $400 million multi-district claim arising out of terminated cooperative agreement regarding development of Alzheimer vaccine.

    Public Service Enterprise Group
    PSEG Global, Inc., et al. v. The AES Corporation, et al., No. 601555-2002, (NY Co. Sup. Ct.) Representation of client in a $462 million suit in New York against a leading international independent power producer arising out of a terminated agreement to purchase the utility’s Argentine power assets.

    PSEG Resources Inc. v. Arizona Public Service Company, Case No. 71 Y 198 00308 00 (American Arbitration Association (Dallas Region)). Successfully represented an owner-participant against a lessee in a AAA valuation of a 225 MW, three-unit combined cycle electric generating plant before a three-member arbitration panel that included the former CEO of a major utility and two power industry economists.

    PSEG Resources v. Southwest Gas and Paiute Pipeline  (FERC, D.C. Court of Appeals and U.S.D.C. of Nevada).  Successful representation of client, the owner-participant of a liquefied natural gas facility and associated pipeline, in proceedings before the Federal Energy Regulatory Commission, the United States Court of Appeals for the District of Columbia Circuit and the United States District Court in the District of Nevada relating to the lessee’s efforts to reallocate the LNG facilities' local distribution company customers to a competing pipeline.

    Portland General Electric Company v. U.S. Bank Trust National Association, 38 F. Supp.2d 1195 (D. Or. 1999) and 38 F. Supp.2d 1202 (D. Or. 1999), rev’d, 218 F.3d 1086 (9th Cir. 2000).  Represented an owner-participant in litigation in Oregon federal court and in the U.S. Court of Appeals for the Ninth Circuit against a lessee regarding the residual value of gas turbines.

    Scandinavian Airlines System
    Shire Equipment Leasing Corp. v. McDonnell Douglas Corp. and Scandinavian Airlines System, No. C88-418D (U.S.D.C., Western District of Washington). Representation of client in a $250 million action brought by an aircraft broker against SAS and McDonnell Douglas alleging tortious interference in connection with Boeing 747 and McDonnell-Douglas DC-10 aircraft transactions with Nigeria Airlines.

    REPORTED DECISIONS 
    Project & Energy Disputes
    Bombardier Corporation v. National Railroad Passenger Corp., 298 F. Supp. 2d 1 (D.D.C. 2002), appeal dismissed, 333 F.3d 250 (D.C. Cir. 2003)

    Portland General Electric Co. v. United States Bank Trust N.A., 38 F. Supp. 2d 1195 (D. Or. 1999) and 38 F. Supp.2d 1202, rev’d, 218 F.3d 1086 (9th Cir. 2000)

    ABB Daimler-Benz Transportation (North America), Inc. v. National Railroad Passenger Corp. and New Jersey Transit, 14 F. Supp. 2d 75 (1988)

    Department of Water & Power v. ABB Power T&D Co., 902 F. Supp. 1178 (C.D. Cal. 1995)

    Great Northern Nekoosa Corp. v. ASEA AB, 657 F. Supp. 1253 (W.D. Ark. 1987)

    Matson Navigation Co. v. Stal-Laval Turbin AB, 609 F. Supp. 579 (N.D. Cal. 1985)

    Criminal & Money Laundering
    United States v. Banco Internacional/Bital, S.A., 110 F. Supp. 2d 1272 (C.D. Cal. 2000)

    United States v. 3,148,884.40 United States Currency, 76 F. Supp. 2d 1063 (C.D. Cal. 1999)

    United States v. James, 708 F.2d 40 (2d Cir. 1983)

    United States v. Lartey, 716 F.2d 955 (2d Cir. 1983)

    In re Doe, 711 F.2d 1187 (2d Cir. 1983)

    United States v. Lo Russo, 695 F.2d 45 (2d Cir. 1982), cert. denied, 460 U.S. 1070 (1983)

    United States v. Fisher, 571 F. Supp. 1236 (S.D.N.Y. 1983)

    United States v. Ostrer, 481 F. Supp. 407 (S.D.N.Y. 1979)

    Merger & Acquisition Litigation
    NACCO Industries, Inc. v. Applica Inc. and Harbinger Capital Partners, 997 A.2d 1 (Del. Ch. 2009)

    Pro Bono
    Phong T. Huynh, Vien U. Huynh and Ann Tang v. Frank C. Carlucci, Secretary, Department of Defense, 679 F. Supp. 61 (D.D.C. 1988)

    Speaking Engagements

    • January 2006
      Arbitration Issues in Project Finance, New York City Bar Association seminar
    • 1998
      International Arbitration: The Unwritten Rules, New York City Bar Association seminar
    • May 1998
      Investor-State Arbitration Under the NAFTA, Union Internationale des Avocats seminar
    • 1997, 1996, 1995, 1994 and 1993
      Resolving Project Disputes, International Infrastructure Projects, American Conference Institute
    • October 1997
      The 'Addiction' and 'Manipulation' Issues in Tobacco Litigation, Insight Information Inc. seminar
    • October 1996
      The Legal, Procedural and Practical Issues in Tobacco Litigation, American Conference Institute seminar
    • February 1996
      Litigation Management in the 90s, chair, American Conference Institute seminar
    • 1994
      The Use of Computer Animations and Simulations in Complex Litigation, panelist, Construction Litigation Committee Program, American Bar Association Annual Meeting
    • May 1994
      Legal Texts of the United Nations Commission on International Trade Law, panelist, Union Internationale des Avocats seminar
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