- Defeated class certification in a national class action regarding index universal life sales.
- Represented life insurance companies in California class actions involving the sale of 403(b) (tax-sheltered) annuities.
- Defended a life insurance company in a nationwide class action litigation alleging the client breach the terms of its universal life policies by failing to reduce cost of insurance rates.
- Defended a life insurance company against claims for violation of California consumer protection laws.
- Won a dismissal of a nationwide class action alleging violations of civil RICO state and consumer protection statutes under the laws of four states, and state law fraud claims.
- Won a Ninth Circuit appeal of a favorable summary judgment in a national class action involving an index annuity matter.
- Won a six-week jury trial regarding an annuity suitability and financial advice case in Orange County, CA.
- Defeated class certification in a national class action involving index annuity sales and performance.
- Secured dismissal of a false advertising and labeling class action involving protein supplements in New York federal court.
- Won summary judgment in an annuity class action alleging noncompliance with disclosure statutes.
- Phone: +1 415 243 1080
- Other Phone: +1 213 576 1080
- Email: bo.phillips@alston.com
- Won summary judgment in a national class action involving cost of insurance charges in universal life policies; affirmed on appeal in the Seventh Circuit.
- Won a directed verdict in a financial elder abuse jury trial.
- Won dismissal of a dietary supplement class action involving false advertising claims.
- Defended an advertising class action involving athletic apparel.
- Defeated class certification in a nationwide mortgage lending class action.
Robert D. Phillips, Jr., is a business litigator with decades of experience assisting numerous companies in high-stakes class actions and other litigation related to unfair competition, false advertising, privacy issues, product liability, labor and employment, life insurance, financial services, trade secret litigation, and food labeling.
Bo’s counsel extends to litigation involving financial products, consumer products, life insurance and annuity sales, advertising and labeling cases against manufacturers and retailers, employment issues, antitrust, and product liability.
In addition to serving clients throughout California, Bo serves as lead counsel in national class actions in jurisdictions across the country and has won numerous cases in state, federal, and appellate courts. Bo is recognized by Chambers USA in Insurance: Insurer (California), The Best Lawyers in America® and has been named a “Client Service All-Star” by BTI Consulting Group.
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Press Release June 5, 2025Alston & Bird Continues to Increase Rankings in Chambers USA 2025Alston & Bird has received significant recognition in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business, with 77 practice rankings and 164 leading lawyer listings.Press Release June 5, 2025Alston & Bird Continues to Increase Rankings in Chambers USA 2025Alston & Bird has received significant recognition in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business, with 77 practice rankings and 164 leading lawyer listings.
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Speaking Engagement March 11, 2025Classwide Damages Models in Misleading and False Advertising Consumer Class ActionsBo Phillips will lead a panel discussion about the types of classwide damages models that plaintiffs use to obtain certification and how to advance or oppose each of these types of damages.Speaking Engagement March 11, 2025Classwide Damages Models in Misleading and False Advertising Consumer Class ActionsBo Phillips will lead a panel discussion about the types of classwide damages models that plaintiffs use to obtain certification and how to advance or oppose each of these types of damages.
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Speaking Engagement December 3, 2024BASF Trial by Jury - Closing ArgumentsBo Phillips will speak on every aspect of closing arguments in the Trial by Jury series by the Bar Association of San Francisco.Speaking Engagement December 3, 2024BASF Trial by Jury - Closing ArgumentsBo Phillips will speak on every aspect of closing arguments in the Trial by Jury series by the Bar Association of San Francisco.
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Press Release June 6, 2024Alston & Bird Increases Practices and Attorneys Recognized in Chambers USA 2024Alston & Bird has received significant recognition in the 2024 edition of Chambers USA: America’s Leading Lawyers for Business, with 73 practice rankings and 153 leading lawyer listings.Press Release June 6, 2024Alston & Bird Increases Practices and Attorneys Recognized in Chambers USA 2024Alston & Bird has received significant recognition in the 2024 edition of Chambers USA: America’s Leading Lawyers for Business, with 73 practice rankings and 153 leading lawyer listings.
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Seminar October 25, 2022ALIC - 2022 Regional RoundtableBo Phillips and Kristin Shepard will be speaking on the “Life and Annuity Class Actions Update” panel at the Association of Life Insurance Counsel’s 2022 Regional Roundtable.Seminar October 25, 2022ALIC - 2022 Regional RoundtableBo Phillips and Kristin Shepard will be speaking on the “Life and Annuity Class Actions Update” panel at the Association of Life Insurance Counsel’s 2022 Regional Roundtable.
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Webinar August 25, 2022Classwide Damages Models in Misleading and False Advertising Consumer Class ActionsBo Phillips and Rachel Lowe will be speaking on a panel of this CLE webinar hosted by Strafford.Webinar August 25, 2022Classwide Damages Models in Misleading and False Advertising Consumer Class ActionsBo Phillips and Rachel Lowe will be speaking on a panel of this CLE webinar hosted by Strafford.
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General Publications November 2021A Practitioner's Guide to Class Actions, 3rd ed., American Bar Association, November 2021.Cari Dawson, David Carpenter, Bria Stephens, Bo Phillips, Sam Park, Giles Judd, Kathy Huang, Matt McGuire, Ryan Ethridge, and Caitlin Van Hoy contributed to this comprehensive guide to the intricacies of class action lawsuits along with a state-by-state analysis of the ways in which class action rules differ from the Federal Rule of Civil Procedure 23.General Publications November 2021A Practitioner's Guide to Class Actions, 3rd ed., American Bar Association, November 2021.Cari Dawson, David Carpenter, Bria Stephens, Bo Phillips, Sam Park, Giles Judd, Kathy Huang, Matt McGuire, Ryan Ethridge, and Caitlin Van Hoy contributed to this comprehensive guide to the intricacies of class action lawsuits along with a state-by-state analysis of the ways in which class action rules differ from the Federal Rule of Civil Procedure 23.
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Seminar November 13-16, 2021ALIC 2021 Fall Annual MeetingPatrick Gennardo will be moderating and Bo Phillips, Tiffany Powers, Tom Evans, and Samuel Park will be speaking on the panel “The Evolution of COI Litigation: Changing Theories and Impactful Developments in Recent Years” at the ALIC 2021 Fall Annual Meeting.Seminar November 13-16, 2021ALIC 2021 Fall Annual MeetingPatrick Gennardo will be moderating and Bo Phillips, Tiffany Powers, Tom Evans, and Samuel Park will be speaking on the panel “The Evolution of COI Litigation: Changing Theories and Impactful Developments in Recent Years” at the ALIC 2021 Fall Annual Meeting.
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Event August 3, 2021Federation of Defense & Corporate Counsel 85th Annual MeetingBo Phillips will be speaking on the “Déjà Vu All Over Again: New Angles on Old Theories in Life and Annuity Class Actions” panel at the 2021 FDCC Annual Meeting.Event August 3, 2021Federation of Defense & Corporate Counsel 85th Annual MeetingBo Phillips will be speaking on the “Déjà Vu All Over Again: New Angles on Old Theories in Life and Annuity Class Actions” panel at the 2021 FDCC Annual Meeting.
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Event December 8 - 9, 2020Compliance & Legal Sections Annual Virtual Meeting 2020Bo Phillips will be speaking on the panel “Litigation Update” at the Compliance & Legal Sections Annual Virtual Meeting 2020, sponsored by the American Council of Life Insurers.Event December 8 - 9, 2020Compliance & Legal Sections Annual Virtual Meeting 2020Bo Phillips will be speaking on the panel “Litigation Update” at the Compliance & Legal Sections Annual Virtual Meeting 2020, sponsored by the American Council of Life Insurers.
Bar Admissions
- California
- U.S. Supreme Court
Education
- Duke University (J.D., 1978)
- Davidson College (B.A., 1974)
Memberships
- American Bar Association
- Los Angeles County Bar Association
- Bar Association of San Francisco
- American Bar Association, Life Insurance Law Committee, former chair
- American Bar Association, Business Litigation Committee
- American Counsel Association
- Federation of Defense and Corporate Counsel
- Duke University School of Law, Board of Visitors
Court Admissions
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- Litigation
- Financial Services Litigation
- Class Action & Multidistrict Litigation
- Insurance
- Products Liability
- Insurance Litigation & Regulation
- Insurance Regulatory Guidance
- Insurance-Related Antitrust Defense
- FDA: Drug & Device
- Policyholder Class Action Defense
- High Exposure Claims, Coverage & Bad-Faith Defense
- Policy Drafting & Product Development