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Phillip S. "Phil" McKinney

Partner, Executive Committee Member; Technology Committee Chair
T:404.420.4618
F:404.230.0956
M:404.550.0122
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pmckinney@rh-law.com
Best 2009 
 
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Assistant

Emily O. Valladares
Direct 404.954.7577
evalladares@rh-law.com

Education

  • J.D., cum laude, Harvard Law School
  • B.E.E., with highest honors, Auburn University

Judicial Clerkships

Bar Admissions

  • New York
  • United States District Court Southern District of New York
  • Georgia
  • United States District Court Northern District of Georgia
  • Supreme Court of Georgia
  • United States District Court Middle District of Georgia
  • United States Court of Appeals for the Fifth Circuit
  • Court of Appeals of Georgia
  • United States Court of Appeals for the Eleventh Circuit
  • United States Court of Appeals for the Eighth Circuit

Languages

Overview

Phillip McKinney has over thirty years of complex litigation and counseling experience (including numerous jury and bench trials and arbitrations), with a predominant focus on matters involving scientific, medical, technological, economic and psychometric issues. Phillip’s experience covers a broad substantive range, including the protection of intellectual property and trade secrets, enforcement of restrictive covenants, defense of employment and licensure testing, defense of toxic tort and product liability claims, and the protection of fair competition through the antitrust laws and competitive torts. He also has accumulated considerable experience with complex civil procedures such as class actions, mass actions, and multi-district litigation.

Representative Experience

  • Represented NCS Pearson Inc., a leading provider of custom teacher certification testing instruments, in defending against Title VII and ADA challenges to licensure tests in several states.
  • Represented Hostess Brands, Inc., a leading nationwide manufacturer of baked goods, in defending against a trademark infringement action seeking to enjoin use of its newly adopted national trademark.
  • Represented a leading manufacturer of technologically advanced medical products in defending against a claim of patent infringement by its principal competitor.
  • Represented Pfizer Inc. in defending against hundreds of asbestos exposure cases consolidated before a multi-district litigation panel in the Middle District of Pennsylvania.
  • Represented Wyeth Corporation in defending against dozens of claims of valvular heart disease allegedly caused by a Wyeth diet drug.
  • Represented Ameris Bancorp in defending against a trademark infringement action brought by a national insurance company seeking to enjoin use of the bank’s newly adopted trademark.
  • Represented The Evercare Company in defending against numerous false advertising claims brought by its leading competitor.
  • Represented a nationally known realtor in defending against claims of breach of fiduciary duty, breach of contract, misappropriation of trade secrets, and other competitive torts, brought by the realtor’s former firm (founded by and named after the realtor).
  • Represented several Fortune 500 chemical manufacturing companies in defending against chemical exposure claims involving industrial solvents and FIFRA-regulated pesticides.
  • Represented numerous companies and individuals in connection with assessment and litigation of respective post-employment rights and obligations arising from restrictive covenants, intellectual property rights, and duties arising from the employment relationship.

Professional & Community Activities

  • Electronic Discovery Committee, Defense Research Institute, 2007-date
  • Technology Committee, Defense Research Institute, 2007-date
  • Master, Lamar Inn of Court, 1998-2001

Speeches & Presentations

  • Presented on Restrictive Covenant Enforcement on 5/4/2002 to InterLaw Conference, Atlanta, GA
  • Presented on Drafting Enforceable Restrictive Covenants on 10/20/2000 to the American Employment Law Council Conference, Hot Springs, VA

Professional Recognition

  • Best Lawyers in America - Litigation - Labor & Employment - 2012
  • Best Lawyers Annual Guide to Commercial Litigation - 2009
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