Phil Brown

Principal

Phil Brown is an experienced attorney and litigator who handles trials, appeals, and mediations. He helps clients with business cases, financial industry issues, real estate matters, employment concerns, and a range of other complex business legal issues. He defends clients all the way up to the Massachusetts Supreme Judicial Court and the First Circuit Court of Appeals and his experience traverses many industries. Phil also helps clients prepare contracts to mitigate business risk.  He works with executives, entrepreneurs and companies of all sizes, but what unites his clients is a mutual desire for fair, professional dispute resolution and legal representation. Phil is a thoughtful, creative and articulate attorney who produces top-quality legal services.

Phil has a distinct focus on building relationships. With a reputation as an honest and trustworthy attorney who produces top echelon work, he transitioned his traditional law firm experiences into a respected private practice helping clients work through sophisticated business litigation matters. He is a selected member of the Boston Bar Association’s Council, the organization’s governing body.

Community service is critical to Phil. He has served multiple terms on his town’s Zoning Board of Appeals and handles a variety of pro bono matters. Most notably, he was appointed Chairman of a commission created by the Massachusetts legislature in 2012 to investigate the public employee retirement system's group classification system. After a year of lively meetings, the Commission produced a report to the legislature, which he drafted. Subsequently, he was appointed by Governor Deval Patrick as one of the seven Commissioners to the Massachusetts Public Employee Retirement Administration Commission (also known as “PERAC”), which provides oversight, monitoring and regulation of the 104 public pension systems in the Commonwealth. In October 2014, his fellow Commissioners elected him as Chairman of the Commission. He was re-elected as Chairman in 2016 and most recently served as the Chair of the search committee to select PERAC’s new Executive Director. Finally, Phil is active as the Chair of the Community Benefits Committee and as a member of the Executive Committee of the Tufts Medical Center's Board of Governors. He is also currently a member of the Boston Bar Association Solo and Small Firm Forum Steering Committee and a fellow in the Boston Bar Foundation Society of Fellows.  

Before establishing Brown Counsel, Phil spent over 30 years in Boston-area law firms, first as an associate with Skadden, Arps, Slate, Meagher & Flom and then as a long-time shareholder with Adler Pollock & Sheehan, P.C. Subsequently, he was a Director in Rackemann Sawyer & Brewster, P.C in the firm’s litigation group. Through is work at these firms he first developed his reputation for resolving disputes effectively and with high-value results.

Notable Legal Results

• LEAD COUNSEL IN APPEAL TO MASSACHUSETTS SUPREME COURT
  Lead counsel in a case that presented an important Massachusetts securities law issue to the Massachusetts Supreme Judicial Court for the very first time. The Court agreed with his legal arguments and used the case to set forth what a plaintiff needs to prove in order to bring a case under the Massachusetts Securities Act.  

• DEFENSE ATTORNEY FOR HIGH TECH EMPLOYER
  Successfully represented tech-related company in non-compete case against former sales employees.

• RESOLVED CHALLENGE TO CONDO BYLAWS
  Won a victory in Appeals Court on behalf of a client challenging a condominium board's actions outside of its bylaws.

• ADVISED EMPLOYEES IN PRE-EMPLOYMENT AND SEVERANCE
  Successfully advised employees in connection with their employment agreements and negotiated severance agreements for senior executives.

• NEGOTIATED OUTSTANDING INTERNATIONAL TRANSACTIONS
  Negotiated the payment of all fees owed on behalf of a tech company that was owed money by a company located in Africa.

• ADVISED ON CONTRACTUAL AGREEMENTS
  Advised start-up tech company on employment and other necessary contractual agreements.  

• DEFENSE ATTORNEY FOR INTERNATIONAL SOFTWARE CLIENT
  After being sued as part of a class action in federal court, an Australian software developer retained Phil as its U.S. counter-part to its Australian-based defense team. Phil facilitated a mediated settlement, which was ultimately approved by the court, and helped to resolve issues surrounding insurance and indemnification issues.

• PROFESSIONAL LITIGATION FOR FINANCIAL FRAUD DISPUTES
  In two separate actions, Phil helped to represent two pension funds (one public and one private) in claims the funds brought against their custodian bank after the pension funds lost tens of millions of dollars resulting from an investment manager’s fraud. After extensive litigation, the clients resolved their claims through mediation to their satisfaction.

• DEFENDING CLIENT IN MASSACHUSETTS LAND COURT APPEAL
  Phil prevailed before the Massachusetts Supreme Judicial Court on an interlocutory appeal in a case of first impression regarding whether a defendant had preserved its right to a jury trial in the Land Court.

• BUSINESS MITIGATION SUCCEEDS IN TRIAL
  As lead counsel, Phil’s client won on all counts in a bench trial regarding a dispute over the sale of a business. The purchaser alleged being misled about revenues during the due diligence phase with his client being awarded damages, legal fees, interest and the return of certain equipment.

• DEFENDING COMMERCIAL PROPERTY OWNER AGAINST BANK INJUSTICE
  Phil’s client received a favorable jury verdict, including a finding that a bank committed an unfair and deceptive act or practice, for commercial property owners.

• INVESTMENT PROPERTY PROTECTED AGAINST REGULATORY AGENCY
  Phil helped a public client to successfully end probes commenced by the client’s regulatory agency and the Massachusetts Inspector General pertaining to the client’s renovation of an investment property.

• ASSISTED ANGEL INVESTOR IN PROTECTING INTERESTS
  Phil assisted an angel investor in protecting the investor's interests in companies in which he invested.

• ADVISED BOARD MEMBERS OF DUTIES TO BENEFICIARIES
  Advised board members of a major retirement fund on duties owed to beneficiaries in connection with a potential investment in an entity run by state government.

• ENFORCED EMPLOYEE NON-COMPETITION AGREEMENTS
  Obtained favorable settlement enforcing non-competition agreement against former employees who obtained and used confidential business information.  

The Story Beyond Being A Lawyer

Phil grew up outside Erie, Pennsylvania and graduated from Haverford College, a small, "quietly prestigious," college with Quaker roots. Following college, he worked in sales for Procter & Gamble before obtaining a master’s degree in politics and then attending law school. In his spare time, Phil is an accomplished swimmer, competing as a member of the Weymouth Waves and the New England Masters swim teams at regional and national competitions. He also does open water swims with the Narragansett Ocean Swimming Enthusiasts. Over the years, he has completed the infamous Boston Marathon, and also participated in sprint and Olympic distance triathlons. He enjoys reading almost every day, cooking, golf, and playing with his ever-faithful golden retriever. However, his all-time favorite activity is skiing with family, especially at Sugarloaf, Maine, and anywhere in the West.