Philip Bledsoe is a trial lawyer. But he knows that litigation, much less a trial, is rarely a client’s first choice, and in many cases settlement is the best and most appropriate option. Phil believes that handling a lawsuit is not an exercise in academic game theory; it calls for collaborative and practical problem solving, and a nuanced evaluation of the risk present in a dispute. Phil has guided clients through many difficult challenges in his 50+ completed trials and arbitrations, and his 30+ years of deep commercial litigation experience brings substance and practical judgment to the goal of solving client problems.
Disputes about real estate development, financial services and banking form the core of Phil’s broad experience. His substantive legal experience includes class actions, fiduciary duty matters, antitrust, contract and fraud claims. He has worked with publicly traded companies and many closely held businesses (both large and small). That range has included both local and multinational real estate companies and developers, community banks, organic food companies and national distributors and sellers of goods. His substantial experience is highlighted more fully in the listed key matters.
Phil's business-centric approach embraces active participation with the client to answer the question: what is the business goal? Achieving that goal is best accomplished by an active partnership between counsel and client. More often than not that partnership leads to a satisfactory result without a trial. But when it does not, Phil’s long track record in the courtroom is also available for the client’s benefit.
- Assumed representation for a bank on three related real estate loan “lender liability” cases resulting in a reversal in significant part in the first case; trying the second case before the same bankruptcy court, before the same judge, and resulting in a verdict in favor of the bank; and trying the third case in a Kentucky state court in a month-long jury trial to a favorable result.
- Represented multinational, publicly traded real estate development company in defending a substantial claim brought against the company and its subsidiaries for interference with contract, fraud, and piercing the corporate veil. The claim arose from the company's development agreement with the city. The verdict was in favor of the client, following a two-and-one-half-month jury trial.
- Represented the owner of a large office building on a claim of redevelopment blight against a longtime holder of “redevelopment rights.” The case resolved favorably one day before trial.
- Represented a national real estate broker in a suit involving a nationwide representation contract with a national casual dining company. The case was resolved shortly before trial.
- Represented a national restaurant company in a pad site ground lease dispute with strip-center developer. After a one-week trial, the case was resolved on appeal.
- Defended a bank client in a class action case on an issue of claim for restitution and recovery for “illegal” interest arising from a unique real estate loan program. The class was denied.
- Represented a distributor in breach of a national distribution agreement involving industrial electric motors. The case was arbitrated and $1.4 million was awarded in favor of the client.
- Represented a publicly traded software company in a contract dispute arising from startup of a marketing subsidiary and claim to pierce corporate veil. The jury verdict returned in favor of the client.
- Represented a publicly traded telecommunications company in its claim against a national long-distance carrier for breach of carrier contract. Amount of $2.7 million was awarded in favor of the client
- Represented an organic food company in defending class action allegations concerning labeling. The class certification was denied, and no appeal was taken.
- Represented a publicly traded, national uniform company claiming breach of a requirements contract by a multinational service company. The case settled for an amount in excess of the pretrial demand during the jury trial.
- Represented real estate owner/developer in nuisance and trespass case brought by neighboring business. Client was granted directed verdict during trial.
- Represented a class of coaches in a three week class action jury trial against a national sport organization for violation of antitrust price fixing rules. Result was a $30 million award to the class.
- Represented an insurance company in defense of a class action case concerning a coverage form for all policies sold in Colorado for a five-year time period. Resolved the matter early before certification, by corrective notice, with some return of the premium, and continued use of policy form.
- Represented an insurance company in a class action case involving homeowners casualty insurance where plaintiff’s purported class raised antitrust and fraud claims. The client’s motion to dismiss was granted, upheld on appeal and no class was certified.
- Represented minority shareholders of a locally owned community bank in a dispute regarding corporate governance and potential sale of the bank. The matter resolved after minority shareholders obtained a preliminary injunction.
- Represented a publicly listed company in a securities claim brought by investors/warrant holders in a claim for breach of the warrant agreements. The matter resolved following fairness hearing.