Philip R. Schenkenberg

Phil concentrates his litigation practice on fiduciary and wealth transfer disputes, disputes arising out of closely-held businesses, and complicated matters involving telecommunications and technology. He has handled and tried complex cases across the country. He works with clients to set a litigation strategy early in a case, and then aggressively implements that strategy to win or settle the case.

Phil’s cybersecurity practice focuses on data governance, contract obligations, transactional due diligence and breach response.

Phil’s representative work includes:

• Assisted the due diligence team for a large transaction on risks arising out of privacy obligations, cybersecurity and data security.
• Helped a client successfully challenge a family member’s alleged undue influence of another family member with diminished capacity.
• Represented individuals in several interrelated disputes arising out of the control of a closely held business. The claims included corporate waste, minority shareholder oppression, defamation and invasion of privacy
• Assisted a large, consumer-facing company in working through response and remediation issues caused by a cyber attack.
• Advised an entity subject to Gramm-Leach-Bliley on its contracts with vendors who obtained access to customer information.
• Advised clients as they evaluated their cyber insurance needs and coverage options.
• Represented long-distance carrier in federal court regarding access charge compensation claims related to calls to chat lines and conference bridges.
• Represented telecommunications carriers state public utility proceedings addressing state and federal rights and obligations.
• Obtained order from federal district court in California sanctioning plaintiff for spoliation of forensic evidence and ordering adverse jury instructions.
• Obtained a favorable trial verdict on behalf of a trust beneficiary.
• Represented an individual in a defamation case arising out of a family dispute.
• Represented client, pro bono, in obtaining damages for $86,885 due to improper home inspection.
• Represented long-distance company in state commission complaint proceeding against company not properly certificated by state commission.
• Represented plaintiff in dispute arising out of letter of intent to sell business.

Publications

• Author, “The SEC’s Proposed Cybersecurity Rules: Is Your Company Ready?” Cyber Security Summit Newsletter, June 14, 2023.
• Co-author, “Don’t Say Breach,” Cyber Security Summit Newsletter, Feb. 9, 2021.
• Co-author, “Minimizing Risk in Loan Participation Litigation Following COVID-19,” Taft Law Bulletin, March 27, 2020.
• Author, “Cyber Due Diligence Increasingly Important in Business Transactions,” Taft Law Bulletin, Nov. 22, 2019.
• Author, “The California Consumer Privacy Act of 2018: It’s Time for Businesses to Get Serious,” Taft Law Bulletin, July 9, 2018.