A. W. "Chip" Phinney III, PhD
Firm: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Boston, MA 2111
Membership: Professional & Community Involvement:•Board Chair, New Repertory Theatre •Member, Event Planning Committee of the National Association of Corporate Directors New England Chapter •Member, Massachusetts State Advisory Committee to the U.S. Commis
University: Yale University, B.A., summa cum laude; Princeton University, Ph.D., Harvard University, J.D., magna cum laude
Admitted: 1993, Massachusetts; United States Court of Appeals for the Federal Circuit; United States Court of Appeals for the First Circuit; United States Court of Appeals for the Ninth Circuit; United States Court of Appeals for the Second Circuit; Unit
Biography: Chip practices in the area of complex corporate litigation, with a primary focus on shareholder and securities litigation and advising officers and directors on fiduciary duties and corporate governance. Chip has tried shareholder suits in state and federal courts and has represented corporations, directors, and officers in securities class actions, derivative suits, and cases before the Securities and Exchange Commission. In addition, he frequently works with the firm's Bankruptcy and Public Finance groups on matters involving distressed public and private debt, representing and advising bond trustees, bondholders, creditors, and other parties.Chip also maintains an active appellate practice and co-chairs the firm's Appellate Practice Group. He has briefed and/or argued cases before the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, the California Courts of Appeal, and the U.S. Courts of Appeals for the First, Second, and Ninth Circuits. He often consults with other members of the firm on appellate practice and procedure.Chip has written extensively on topics in appellate practice and corporate litigation and regularly participates in legal and corporate governance education programs. He authored the Massachusetts chapter for a volume on appellate practice throughout the United States, Appellate Practice Compendium, published by the American Bar Association (ABA); contributes to the chapter on derivative litigation in the ABA's annual review of business litigation; serves on the Event Planning Committee of the New England Chapter of the National Association of Corporate Directors; and has written and lectured for Massachusetts Continuing Legal Education (MCLE). Chip also launched and co-edits Mintz Levin's “Securities Matters” blog.Chip is actively involved in Mintz Levin's pro bono practice, and has been an author and counsel of record for several amicus briefs submitted to the U.S. Supreme Court on behalf of pro bono clients. Within the firm, he has also served on Mintz Levin's Diversity Committee and as editor of its Diversity Newsletter, and regularly participates in the firm's training and mentoring programs.In 1999 to 2000, Chip practiced as a special assistant district attorney while on leave from the firm, inaugurating Mintz Levin's rotation program with the Middlesex County District Attorney's Office in Massachusetts. During that time, Chip prosecuted over 100 criminal matters and tried numerous cases.Before joining Mintz Levin, Chip clerked for the Honorable John M. Ferren of the District of Columbia Court of Appeals and served as counsel for the U.S. Senate Committee on Labor and Human Resources and its chairman, the late Sen. Edward M. Kennedy. Prior to his legal career, Chip was assistant professor of English at Harvard University. Newsroom• Seventy-One Mintz Levin Attorneys Included in The Best Lawyers in America, 2016 Edition, (08.17.2015) • Eighty-Five Mintz Levin Attorneys Named 2014 Massachusetts Super Lawyers and Rising Stars, (10.17.2014) • Sixty-Two Mintz Levin Attorneys Included in The Best Lawyers in America, 2015 Edition, (08.18.2014) • Seventy-One Mintz Levin Attorneys Named 2012 Massachusetts Super Lawyers and Rising Stars, (10.22.2012) • Fifty-Two Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.21.2011) • Chip Phinney, Susan Cohen and Susan Finegan to be Recognized for Pro Bono Efforts in the Wake of the New Bedford Immigration Raid, (06.01.2007) Publications•Co-author, Derivative Litigation: Fundamental Concepts and Recent Developments, Annual Review of Developments in Business and Corporate Litigation, American Bar Association (2015) •Co-author, Rights and Duties of Shareholder-Employees in Closely Held Corporations under Massachusetts Law, 14th Annual Business Litigation Conference, Massachusetts Continuing Legal Education (2015) •Co-author, Business Judgment Rule Protects Board's Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk; But It Does Not Protect Transfers of Value from the Corporation to a Controlling Shareholder or Related Party, Bankruptcy & Litigation Alert (10.31.2014) •Co-author, Massachusetts Supreme Judicial Court Bows to U.S. Supreme Court on Class Action Waivers in Arbitration Agreements, Class Action Alert (08.06.2013) •Co-author, Recent Class Arbitration Decisions by Massachusetts Supreme Judicial Court and U.S. Supreme Court in Conflict, Class Action Alert (07.02.2013) •Co-author, Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements, Even if They Did Not Know the Statements Were False, Joint Advisory: Securities Litigation Health Care Enforcement Defense Securities (06.11.2013) •Co-author, Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During Credit Card Sales, Privacy and Security (03.14.2013) •Co-author, 5 Tools for Defending Against Copycat Derivative Suits, Corporate Counsel (10.08.2012) •Co-author, Requests for Documents and Things and for Entry upon Land, Massachusetts Discovery Practice, Massachusetts Continuing Legal Education, 2nd ed. (2012) •Author, The Insider's Guide to the Massachusetts Appellate Courts, Appellate Practice Compendium, American Bar Association (2012) •Author, Another Kind of Continuing Legal Education, Boston Bar Journal (09.2007) Speaking Engagements•Panelist, Writing to Win with Judge Gertner, MCLE, Boston, MA (01.25.2013) •Chair, A New World of Governance for Non-Profit Boards, National Association of Corporate Directors, New England Chapter, Boston, MA (04.12.2011) Recognitions & Awards•Best Lawyers in America: Appellate (2015 - 2016) •Massachusetts Super Lawyers: Appellate (2011 - 2012, 2014) •Certificate of Appreciation from the Standing Committee on Pro Bono Legal Services, Massachusetts Supreme Judicial Court (2007)