PHILIP D. ROBBEN
Partner
(212) 808-7726
PHILIP D. ROBBEN Partner
I achieve superior results for clients by understanding their business needs, industry challenges and cultural perspective, and using that information to devise a strategy that achieves their goals.

Philip Robben is head of the firm’s International Arbitration team.  His practice focuses on international and domestic litigation and arbitration.  Philip’s experience includes the representation of multinational clients in disputes concerning bilateral investment treaties (BITs), allegations of fraud, insurance coverage, breach of contract and the U.S. False Claims Act, as well as state and local false claims laws.

Philip has represented companies involved in numerous industry sectors, including pharmaceuticals, business process outsourcing (BPOs), software and IT consulting, construction, logistics and shipping, banking and finance, life insurance, telecommunications, industrial manufacturing and consumer products.  A substantial part of his practice involves representing multinational companies that do business in the United States.

Philip’s outstanding writing skills and acute attention to detail are supported by his unwavering tenacity to resolve every dispute in his client’s best interests, whether it be by trial, arbitration hearing or settlement.  Philip strives to make the resolution of every dispute as easy as possible for his clients.  Philip’s clients value that he personally handles their cases (efficiently supported by more junior team members) and is highly responsive to their specific needs. 

Philip also understands the cultural miscues that can result when parties from different countries work—and fight—with each other.  Because many of his clients are international, and do not have an understanding of the U.S. legal system, Philip is appreciated for taking the time to explain their options in an actionable manner and advise them as to a recommended course of action that makes sense for their business and goals.

Community Activities

New York International Arbitration Center, founding board member

International Arbitration

Co-lead counsel for the claimant, a major international construction company, in HOCHTIEF AG v. Argentina.  This arbitration is pending before the International Centre for Settlement of Investment Disputes (ICSID) and makes claims under the Germany-Argentina bilateral investment treaty.

Preparing an investment treaty claim against a Middle Eastern country as lead counsel for a European client.

Defended a leading consulting firm in a AAA arbitration alleging breach of contract, among other claims, stemming from a project for the implementation of an enterprise resource planning (ERP) system. Achieved a favorable settlement after an award was issued.

Successfully defended an Abu Dhabi–based technology company in an ICC arbitration brought by a customer alleging the breach of a license agreement.

Defended a leading manufacturer, replicator and duplicator of high-quality CDs and DVDs in an ICDR arbitration over royalties allegedly due under a patent license agreement.  Achieved a favorable settlement after minimal proceedings.

Defended a North American telecommunications company in an ICC arbitration brought by a rival company seeking millions of dollars for alleged breach of an interconnection agreement.  Resolved the dispute on favorable terms prior to the appointment of an arbitral tribunal.

U.S. Litigation for International Companies

Defending a leading generic pharmaceutical company in a class action alleging fraud and unfair business claims in connection with the reported prices, and private insurance reimbursement, of the client’s products.

Defending a leading Indian consulting firm in a federal court litigation alleging trade secret misappropriation.

Advising a leading Indian IT services firm in a high-value dispute with a major U.S.-based client.

Advised a closely held German manufacturing company in connection with all aspects of a reorganization of its corporate structure and other risk-management activities.

Defended a leading publisher of fine art books, based in Germany, in a copyright infringement litigation filed in the Southern District of New York.  Achieved a favorable, early settlement.

Successfully defended a multinational Indian-government-owned bank in opposing an application for discovery under 28 U.S.C. § 1782 in connection with a proceeding before the Debt Recovery Tribunal I of New Delhi, India.

Successfully represented an Indian government-owned fertilizer company in an action to recover funds stolen in a fraudulent scheme with participants around the world.  Obtained a $2 million verdict after a two-week jury trial in New Jersey federal court.

Defended an Indian provider of debt collection services in a federal class action brought under the Fair Debt Collection Practices Act (FDCPA).  Achieved an early settlement, leading to the discontinuation of the case prior to class certification.

Represented an Indian government-owned bank in an action it brought against a former client and its guarantors alleging breach of contract and fraud arising out of a default under promissory notes worth several million dollars.  Achieved a favorable settlement before trial.

Commercial Litigation

Representing the operator of containerized shipping terminals in an insurance dispute concerning coverage for damage incurred during Superstorm Sandy.

Successfully represented a leading New York City beer distributor in a case alleging tortious interference with contract and trespass.  Obtained an order dismissing all claims, with prejudice, at the pleadings stage.

Served as part of a team that prosecuted claims for approximately $1.2 billion on behalf of a major New York bank against 11 insurance companies over surety bonds written in connection with transactions that the bank entered into with a bankrupt customer.  Achieved a favorable settlement after closing arguments following a month-long trial.

Defended a national security services company in numerous actions brought by subscribers and insurance companies alleging breach of duties under alarm services contracts in response to burglar and fire alarms.  All claims were dismissed on motion or favorably settled before trial.

Successfully defended an insurance company in an action alleging fraud and other claims in connection with the sale of two high-value life insurance policies.  Obtained an order dismissing all claims at the pleadings stage, which was unanimously affirmed on appeal.

Successfully defended a national baking company in an action brought by a regional distributor in connection with a distribution and advertising services agreement.  Obtained summary judgment dismissing all claims against our client.

Defended a multinational consumer goods manufacturer in an idea misappropriation and breach of contract action in connection with a household cleaning product marketed and sold nationwide.  Achieved a favorable settlement before trial.

Defended a leading entertainment technology company in a dispute brought by a major Las Vegas casino hotel conglomerate over the construction and installation of motion picture–based amusement park rides.  Achieved a favorable settlement before trial.

Defended a national retailer of athletic apparel in a proceeding seeking to remove the company from a prime retail location in midtown Manhattan.  Achieved a favorable settlement after vigorous motion practice aimed at securing our client’s leasehold rights.

Litigation with Government Entities

Defending a leading India-based generic pharmaceutical company in connection with an attorney general’s investigation concerning pharmaceutical prices.

Representing an Indian BPO company in connection with an attorney general’s investigation.

Defended a U.S. manufacturer of generic pharmaceuticals in a multidistrict class action, as well as individual actions, brought by the U.S. Department of Justice and the attorneys general of several states alleging False Claims Act, fraud and other claims in connection with pharmaceutical pricing.  Achieved a favorable settlement of all actions before trial.

Defended a defense contractor in a dispute with the Defense Contract Management Agency concerning amounts claimed by the government under an Army contract.  Achieved a favorable settlement early on.

Fordham Law School Alumni Association

About

Philip Robben is head of the firm’s International Arbitration team.  His practice focuses on international and domestic litigation and arbitration.  Philip’s experience includes the representation of multinational clients in disputes concerning bilateral investment treaties (BITs), allegations of fraud, insurance coverage, breach of contract and the U.S. False Claims Act, as well as state and local false claims laws.

Philip has represented companies involved in numerous industry sectors, including pharmaceuticals, business process outsourcing (BPOs), software and IT consulting, construction, logistics and shipping, banking and finance, life insurance, telecommunications, industrial manufacturing and consumer products.  A substantial part of his practice involves representing multinational companies that do business in the United States.

Philip’s outstanding writing skills and acute attention to detail are supported by his unwavering tenacity to resolve every dispute in his client’s best interests, whether it be by trial, arbitration hearing or settlement.  Philip strives to make the resolution of every dispute as easy as possible for his clients.  Philip’s clients value that he personally handles their cases (efficiently supported by more junior team members) and is highly responsive to their specific needs. 

Philip also understands the cultural miscues that can result when parties from different countries work—and fight—with each other.  Because many of his clients are international, and do not have an understanding of the U.S. legal system, Philip is appreciated for taking the time to explain their options in an actionable manner and advise them as to a recommended course of action that makes sense for their business and goals.

Community Activities

New York International Arbitration Center, founding board member

Experience

International Arbitration

Co-lead counsel for the claimant, a major international construction company, in HOCHTIEF AG v. Argentina.  This arbitration is pending before the International Centre for Settlement of Investment Disputes (ICSID) and makes claims under the Germany-Argentina bilateral investment treaty.

Preparing an investment treaty claim against a Middle Eastern country as lead counsel for a European client.

Defended a leading consulting firm in a AAA arbitration alleging breach of contract, among other claims, stemming from a project for the implementation of an enterprise resource planning (ERP) system. Achieved a favorable settlement after an award was issued.

Successfully defended an Abu Dhabi–based technology company in an ICC arbitration brought by a customer alleging the breach of a license agreement.

Defended a leading manufacturer, replicator and duplicator of high-quality CDs and DVDs in an ICDR arbitration over royalties allegedly due under a patent license agreement.  Achieved a favorable settlement after minimal proceedings.

Defended a North American telecommunications company in an ICC arbitration brought by a rival company seeking millions of dollars for alleged breach of an interconnection agreement.  Resolved the dispute on favorable terms prior to the appointment of an arbitral tribunal.

U.S. Litigation for International Companies

Defending a leading generic pharmaceutical company in a class action alleging fraud and unfair business claims in connection with the reported prices, and private insurance reimbursement, of the client’s products.

Defending a leading Indian consulting firm in a federal court litigation alleging trade secret misappropriation.

Advising a leading Indian IT services firm in a high-value dispute with a major U.S.-based client.

Advised a closely held German manufacturing company in connection with all aspects of a reorganization of its corporate structure and other risk-management activities.

Defended a leading publisher of fine art books, based in Germany, in a copyright infringement litigation filed in the Southern District of New York.  Achieved a favorable, early settlement.

Successfully defended a multinational Indian-government-owned bank in opposing an application for discovery under 28 U.S.C. § 1782 in connection with a proceeding before the Debt Recovery Tribunal I of New Delhi, India.

Successfully represented an Indian government-owned fertilizer company in an action to recover funds stolen in a fraudulent scheme with participants around the world.  Obtained a $2 million verdict after a two-week jury trial in New Jersey federal court.

Defended an Indian provider of debt collection services in a federal class action brought under the Fair Debt Collection Practices Act (FDCPA).  Achieved an early settlement, leading to the discontinuation of the case prior to class certification.

Represented an Indian government-owned bank in an action it brought against a former client and its guarantors alleging breach of contract and fraud arising out of a default under promissory notes worth several million dollars.  Achieved a favorable settlement before trial.

Commercial Litigation

Representing the operator of containerized shipping terminals in an insurance dispute concerning coverage for damage incurred during Superstorm Sandy.

Successfully represented a leading New York City beer distributor in a case alleging tortious interference with contract and trespass.  Obtained an order dismissing all claims, with prejudice, at the pleadings stage.

Served as part of a team that prosecuted claims for approximately $1.2 billion on behalf of a major New York bank against 11 insurance companies over surety bonds written in connection with transactions that the bank entered into with a bankrupt customer.  Achieved a favorable settlement after closing arguments following a month-long trial.

Defended a national security services company in numerous actions brought by subscribers and insurance companies alleging breach of duties under alarm services contracts in response to burglar and fire alarms.  All claims were dismissed on motion or favorably settled before trial.

Successfully defended an insurance company in an action alleging fraud and other claims in connection with the sale of two high-value life insurance policies.  Obtained an order dismissing all claims at the pleadings stage, which was unanimously affirmed on appeal.

Successfully defended a national baking company in an action brought by a regional distributor in connection with a distribution and advertising services agreement.  Obtained summary judgment dismissing all claims against our client.

Defended a multinational consumer goods manufacturer in an idea misappropriation and breach of contract action in connection with a household cleaning product marketed and sold nationwide.  Achieved a favorable settlement before trial.

Defended a leading entertainment technology company in a dispute brought by a major Las Vegas casino hotel conglomerate over the construction and installation of motion picture–based amusement park rides.  Achieved a favorable settlement before trial.

Defended a national retailer of athletic apparel in a proceeding seeking to remove the company from a prime retail location in midtown Manhattan.  Achieved a favorable settlement after vigorous motion practice aimed at securing our client’s leasehold rights.

Litigation with Government Entities

Defending a leading India-based generic pharmaceutical company in connection with an attorney general’s investigation concerning pharmaceutical prices.

Representing an Indian BPO company in connection with an attorney general’s investigation.

Defended a U.S. manufacturer of generic pharmaceuticals in a multidistrict class action, as well as individual actions, brought by the U.S. Department of Justice and the attorneys general of several states alleging False Claims Act, fraud and other claims in connection with pharmaceutical pricing.  Achieved a favorable settlement of all actions before trial.

Defended a defense contractor in a dispute with the Defense Contract Management Agency concerning amounts claimed by the government under an Army contract.  Achieved a favorable settlement early on.

Memberships

Fordham Law School Alumni Association

Practices

Speaking Engagements
Publications
December 2016 | Books
Business and Commercial Litigation in Federal Courts (4th Ed. 2016)
November 2015 | Books
Commercial Litigation in New York State Courts, Fourth Edition (2015)
February/March 2015 | Articles
Practical Law The Journal: Litigation