F. Phillip Hosp V

Partner

Overview

Phillip (Phil) Hosp is a partner at Foley & Lardner LLP in its Los Angeles office. He is a member of the firm’s Business Litigation & Dispute Resolution Practice.

Phil represents directors, officers, investment firms, public and private companies, family offices, and other parties in mergers and acquisitions litigation, SEC investigations, and other cases involving fiduciary duties, unfair competition, and corporate law claims. He also represents clients in disputes involving real estate purchase and sale contracts, secured loan transactions, partnership and joint venture agreements, commercial lease disputes, priority of lien issues, judicial and nonjudicial foreclosures, receiverships, and land use.

Phil is a veteran of the U.S. Army, where he served as an armor officer in the 3rd Infantry Division and achieved the rank of captain. During one of his two tours in Iraq, Phil was awarded the Bronze Star for leadership in combat and tactical guidance during an IED attack.

Representative Experience*

Securities and Corporate Litigation

  • Represented a real estate developer in a formal SEC investigation of potential securities fraud claims related to funds raised through the EB-5 Immigrant Investor Program, which concluded with the SEC taking no enforcement action
  • Represented a public company in securities fraud litigation arising out of its acquisition of Canada’s largest auto parts manufacturer
  • Defended a leading private investment firm in a lawsuit involving shareholder claims arising out of its investment in a chemical company, which were ultimately dismissed with plaintiff and his attorney being sanctioned for filing frivolous claims
  • Outside counsel to the United States Women’s National Soccer Team Players Association on governance matters and issues related to its reorganization

Real Estate Litigation

  • Represented investor plaintiffs in a jury trial involving the financing of various real estate projects, which resulted in a $21 million verdict and an alter ego finding against the clients’ former business partner
  • Represented lienholders in a two-week bench trial involving the priority of their lien on a $10 million residential property and subsequent judicial foreclosure proceedings
  • Represented secured creditors in bankruptcy proceeding to protect collateral, maintain their status and priority as secured creditors, and to recover millions of dollars that the debtor fraudulently transferred
  • Represented an insurer in litigation involving the purchase and sale of commercial office buildings in Pleasanton, California, and professional liability claims against the broker
  • Represented an international food franchisor in disputes concerning commercial lease and franchise agreements
  • Advised a privately held commercial real estate firm in dispute involving real estate commission dispute

Other Commercial Litigation

  • Represented a public company in breach of contract action involving investment banking fees allegedly owed in connection with stock issuance and negotiation of revolving credit facility
  • Represented an international insurance carrier in insurance coverage litigation involving numerous FINRA arbitrations alleging claims related to the due diligence and suitability of securities sold by the insured broker-dealer
  • Represented a public company in connection with the sale of shares held in an escrow account following a disputed company acquisition
  • Various pro bono cases, including lead counsel to special operations veteran in multi-week juvenile court trial, which concluded with the court dismissing all counts

*Certain of these matters were handled prior to joining Foley.

Recognition

Phil was selected for inclusion in the 2014 – 2019 Southern California Super Lawyers – Rising Stars® lists.

Community Engagement

Phil is a mayoral appointee to the board of directors for the Pasadena Center Operating Company and involved in supporting alumni activities at Loyola High School of Los Angeles. He has served as a volunteer at Big Brothers Big Sisters of Greater Los Angeles.

Education

Phil earned his law degree from Loyola Law School (J.D., magna cum laude, 2009) and his bachelor’s degree from Boston University (B.S., 2002).

Admissions and Professional Memberships

Phil is admitted to practice law in California as well as before the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Courts for the Central, Northern, and Southern Districts of California.

Phil is a member of the American Bar Association and the State Bar of California.

Selected Publications

  • Author, “Problematic Practices of Credit Rating Agencies: The Neglected Risks of Mortgage-Backed Securities,” Lessons from the Financial Crisis: Causes, Consequences, and Our Economic Future, John Wiley & Sons (2010)
  • Author, “Problems and Reforms in Mortgage-Backed Securities: Handicapping the Credit Rating Agencies,” Mississippi Law Journal, Vol.7, No. 4 (2010)