
30 Rockefeller Plaza New York, NY 10112 United States of America
+1 (212) 408-1157
pwilkinson@chadbourne.com
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Phoebe
A.
Wilkinson
Partner
Practice Description
Phoebe Wilkinson’s practice focuses on complex domestic and international disputes. She has a particular focus on products liability matters, especially on behalf of pharmaceutical and medical device companies. Ms. Wilkinson has significant experience before international arbitration tribunals operating under the auspices of all the major arbitration institutions. She is also the Chair of Chadbourne’s Pro Bono Committee.
Representative Matters
- Counsel to international medical device company regarding dispute over exclusive distributor agreement, intellectual property issues and related matters.
- Counsel to global pharmaceutical company regarding disputes arising out of a development and license agreement concerning a proprietary compound.
- National counsel to Brazilian mining and metals company in litigation concerning materials imported into the United States.
- Obtained $24 million jury verdict in 2009 after three-week trial in New York Supreme Court on behalf of a Swiss bank alleging that it was sold fraudulent promissory notes issued by a Parmalat subsidiary and sold by a large Italian bank.
- Represents asset-based lender in contract dispute with Italian manufacturer (Diesel) in the United States, and in related disputes abroad. Obtained complete defense verdict at trial, which was unanimously affirmed on appeal.
- Represented Dubai-based entity in an international arbitration involving the development of a port.
- Represented a natural gas company in an international arbitration against an international supplier.
- Represents pharmaceutical manufacturer in more than 2,100 high profile product liability litigations filed in state and federal courts throughout the United States.
- Represents several international manufacturers of consumer products on U.S. regulatory, risk management and product liability matters.
- Represented a major international cosmetics company in its products liability litigation.
- Counsel on several matters involving insurance brokerage disputes, including litigations concerning broker malpractice, breach of restrictive covenants, unfair competition, and breach of fiduciary duty.
- Litigations and arbitrations involving environmental indemnification disputes arising out of mergers and acquisitions.
- Advises on and litigates complex contract matters involving aircraft leasing agreements for a nationally known air cargo transportation services company, as well as a major international airline.
- Handled several litigations and mediations involving patent and intellectual property contract matters for a major international company in the motion picture industry, and a leading company in the bar code scanning industry.
- Litigated numerous securities arbitrations before the NASD.
- Practice in the field of bankruptcy litigation has included a number of debtor-creditor issues including automatic stay relief, preference and fraudulent conveyance actions, and planned confirmation issues.
- Litigated in the area of complex high profile probate litigations, including a battle in the largest estate ever probated in Kings County (Brooklyn), New York.
Honors
- Benchmark: Litigation: Recognized nationally as a leader in Product Liability Litigation and cited as a "New York: Local Litigation Star."
- Cited as plaintiff's counsel in a $14.6 million verdict, which was ranked 16th in The New York Law Journal's "Top 25 New York Verdicts in 2009."
- Chambers USA - America's Leading Lawyers for Business: Cited for products liability.
- The Legal 500 US: Recognized for product liability and mass tort defense: consumer products (including tobacco).
Activities and Affiliations
- Board Service:
- Brown University Sports Foundation;
- New York Lawyers for the Public Interest, Inc. (NYLPI);
- New York City Cyclones (a youth ice hockey organization); and
- The American Friends of St. Paul’s Girls’ School in London, England.
- Member: New York State Bar Association; DRI; ABA; and Federal Bar Council American Inn of Court.
- Chair of Chadbourne’s Pro Bono Committee.
- For several years served as Chadbourne’s solicitor for the Legal Aid Society Associates’ Campaign, setting records for contributions in each of the years she ran Chadbourne’s internal campaign. Ms. Wilkinson served as the Chair of the 1999-2000 Campaign on a city-wide basis.
Publications
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"Claims for Fraudulent Practices in Mortgage Modification Program Partially Dismissed," Financial Services Litigation Newswire, April 2011
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"Arbitrators Have the Power to Award Fees and Costs Notwithstanding Contractual Provision Providing that Each Party Bear its Own Expenses," (co-author), International Bar Association's Arbitration News, Vol 15 No 1, March 2010
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"Outside Counsel: N.Y. Seeks to Join States Regulating Pay to Physicians," New York Law Journal, November 6, 2008
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"Is the Tide Shifting for Foreign Plaintiffs Wishing to Litigate Product Liability Claims in the US Courts?," Scrip World Pharmaceutical News, August 17, 2007
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"Defending Warnings-based Claims Against Manufacturers," (co-author), For the Defense, July 2007
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"Claims for Fraudulent Practices in Mortgage Modification Program Partially Dismissed," Financial Services Litigation Newswire, April 2011
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"Arbitrators Have the Power to Award Fees and Costs Notwithstanding Contractual Provision Providing that Each Party Bear its Own Expenses," (co-author), International Bar Association's Arbitration News, Vol 15 No 1, March 2010
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"Outside Counsel: N.Y. Seeks to Join States Regulating Pay to Physicians," New York Law Journal, November 6, 2008
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"Is the Tide Shifting for Foreign Plaintiffs Wishing to Litigate Product Liability Claims in the US Courts?," Scrip World Pharmaceutical News, August 17, 2007
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"Defending Warnings-based Claims Against Manufacturers," (co-author), For the Defense, July 2007
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"Foreign Plaintiff’s Attempts to Use U.S. Courts to Litigate Personal Injury Product Liability Claims," Products Liability, ABA Section of Litigation, Committee on Products Liability Litigation, Winter 2007
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"Chadbourne & Parke's Pro Bono Program: A Commitment to the Highest Aspirations of the Legal Profession," The Metropolitan Corporate Counsel, January 2007
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"A Products Liability Practice Meets The Challenge Of The Plaintiffs Bar," (co-author), Metropolitan Corporate Counsel, November 2006
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"Should Foreign Plaintiffs' Personal Injury Suits Be Litigated in U.S. Courts?," law.com, July 2006
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"Class Action Fairness Act of 2005," Client Alert, February 28, 2005
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"No-Injury Lawsuits and Constitutional Standing to Sue in Federal Courts," (co-author), International Law Office, March 2004
[ more publications ]
Speeches and Events
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"Things to Consider When Choosing New York Law for Contracts," Chadbourne & Parke Breakfast Briefing, São Paulo, Brazil, November 30, 2011
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"Corporate Governance, Compliance and Risk Management in the Current Regulatory and Legal Environment," 18th Annual Insurance Insolvency & Reinsurance Roundtable, Phoenix, AZ, March 30 - April 2, 2011
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"Strategies to Minimize Risk in Litigation and Government Investigations in the United States," Chadbourne & Parke Breakfast Briefing, São Paulo, Brazil, February 24, 2011
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"The Global Anti-Corruption Fight," Investing in Emerging Markets Conference, New York, NY, November 30, 2010
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Managing and Resolving Mass Tort Products Liability Claims Conference, New York, NY, September 29-30, 2010
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"Things to Consider When Choosing New York Law for Contracts," Chadbourne & Parke Breakfast Briefing, São Paulo, Brazil, November 30, 2011
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"Corporate Governance, Compliance and Risk Management in the Current Regulatory and Legal Environment," 18th Annual Insurance Insolvency & Reinsurance Roundtable, Phoenix, AZ, March 30 - April 2, 2011
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"Strategies to Minimize Risk in Litigation and Government Investigations in the United States," Chadbourne & Parke Breakfast Briefing, São Paulo, Brazil, February 24, 2011
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"The Global Anti-Corruption Fight," Investing in Emerging Markets Conference, New York, NY, November 30, 2010
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Managing and Resolving Mass Tort Products Liability Claims Conference, New York, NY, September 29-30, 2010
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Co-Chair, ABA Section of Litigation Products Liability Committee, 2009 Pharmaceutical and Medical Device Litigation Regional CLE Workshop, Kenilworth, NJ, November 12, 2009
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"Current Legal Issues in the Biopharmaceutical Industry," New York Pharma Forum, New York, NY, November 24, 2008
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Co-Chair, ABA Section of Litigation Products Liability Committee, 2008 Pharmaceutical Litigation Regional CLE Workshop, New York, NY, November 14, 2008
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"Class Actions: Are They An Effective Access to Justice Tool?," International Bar Association Conference, Pro Bono and Access to Justice Committee, Buenos Aires, Argentina, October 16, 2008
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"Preventative Medicine: Uncovering Business Practices That Are Warning Signs to Consumer Fraud Litigation," Defending Consumer Fraud Economic Injury Claims, Philadelphia, PA, September 23-24, 2008
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"Cross-Examining a Plaintiff's Regulatory/FDA Expert," 2nd Annual Drug & Medical Device On Trial Conference, New York, NY, June 24-25, 2008
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"Foreign Plaintiffs’ Ongoing Efforts to Litigate Personal Injury Suits in the United States," Fourth Annual Drug and Medical Device Conference, New York, NY, November 1-2, 2007
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"Cross-Examining a Plaintiff's Regulatory/FDA Expert," Drug and Medical Device on Trial, An Interactive Mock Trial of a Medical Products Company, New York, NY, July 18-19, 2007
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"Current Trends in U.S. Litigation -- Consumer Protection Statutes as a Means to Bring Medical Device Class Actions," C5's Advanced Legal, Regulatory and Commercial Guide to Medical Devices: Best Practices, Key Regulatory Issues and Future Prospects in the Changing Medical Device Market, Munich, Germany, February 26-27, 2007
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"The Increasing Attempts to Use U.S. Courts By Foreign Plaintiffs," ABA Section of Litigation Products Liability Committee, 2006 Pharmaceutical CLE Workshop: Current Issues in Pharmaceutical Law and Policy, Kenilworth, NJ, November 16, 2006
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"Aggregate Litigation: Plaintiffs' Tactics and Strategies to Defeat Them," Marcus Evans Drug and Medical Device Litigation Conference, New York, NY, April 25-26, 2006
[ more speeches and events ]
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