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PRACTICE AREAS
EDUCATION
J.D., 1966, Fordham University School of Law, Editor-in-Chief, Fordham Law Review
B.A., 1963, Wagner College

ADMISSIONS
New York; U.S. District Court, Southern District of New York; U.S. Supreme Court; U.S. Court of Appeals, Second Circuit; Sixth Circuit

PROFESSIONAL ACTIVITIES
Awards:
Named in Super Lawyers in the area of Business Litigation; Named in The Best Lawyers in America® in the area of Legal Malpractice Law, Bet-the-Company Litigation and Commercial Litigation

Membership:
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

Recent 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

Philip R. Forlenza
Partner

212-336-2140 | 212-336-2094 fax |
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Philip Forlenza is a senior litigation partner, co-Chair of the firm's Law Firm Defense Group and co-Chair of the firm's Mortgage and Credit Crisis Team.  His areas of concentration are law firm defense and complex commercial litigation.  He has more than 20 years' experience representing international, national, regional and local law firms in cases alleging malpractice, conflict of interest, breach of fiduciary duty and fraud.  He also represents law firms and law firm partners in compensation disputes.  His commercial practice is wide-ranging, with an emphasis on complex financial transactions, including derivatives, as well as business and securities fraud.

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 Legal Malpractice Law, Bet-the Company Litigation, and Commercial Litigation.

Representative Matters

Financial Litigation
Representing several financial guaranty insurers asserting billions of dollars of claims against major financial institutions relating to losses on mortgage-backed securities transactions. 

Represented five financial guarantee insurers in industry-wide dispute regarding credit derivative swaps.

Law Firm Defense
Representing national law firm in suit by former hedge fund client seeking $420 million in damages based on alleged malpractice, conflict of interest and fraud.

Obtained defense jury verdict in $46 million suit in one of the few cases the FDIC took to trial following the S&L crash.

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. 

Represented several law firms in malpractice actions relating to patents and patent prosecution.

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.

Retained as lead trial counsel on the eve of trial in two complex malpractice cases.