Phil Yao is an associate in the firm's litigation & enforcement practice group. His practice focuses on complex civil litigation, appellate litigation, commercial litigation, antitrust law, and education law. His clients include numerous foreign defendants sued in U.S. courts, universities, private equity firms, banks, pharmaceutical companies, and closely held corporations. Phil also maintains an active pro bono practice, representing various plaintiffs in federal impact litigation as well as veterans seeking discharge upgrades. Under the firm’s longstanding partnership with the Middlesex District Attorney’s Office, Phil also served as a special assistant district attorney for Cambridge, Belmont, and Arlington, during which he first-chaired 15 jury and bench trials to verdict as well as argued 30 motions. Phil serves on the Board of Directors of the Asian American Lawyers Association of Massachusetts (AALAM) and on the Steering Committee of the Business and Commercial Litigation Section of the Boston Bar Association (BBA).
Prior to rejoining the firm in 2021, Phil clerked for then Chief Judge Jeffrey R. Howard of the United States Court of Appeals for the First Circuit. During law school, Phil served as the editor-in-chief of the Yale Journal of Law and Technology, and he also served for several years as a research assistant to California Supreme Court Justice Goodwin Liu. Additionally, Phil interned in the Civil Rights Unit of the U.S. Attorney's Office for the District of Massachusetts. Prior to law school, Phil received graduate degrees in education and business from the University of Oxford, which he attended as a Rhodes Scholar. He received his undergraduate degree in physics, summa cum laude, from Harvard College.
Experience
- Representing leading multinational bank in Middle East in tort-based lawsuits, securing numerous full dismissals in various federal courts, and in Section 1782 petition for litigation abroad in D.C. Circuit.
- Representing global investment management firm in multiple arbitrations/litigations regarding key disputes affecting investment services provider.
- Representing leading search engine company in successful Fifth Circuit mandamus proceedings and in continued litigation in California.
- Representing specialty pharmaceutical company in industry-wide generics antitrust litigation, securing numerous dismissals in multi-district litigation.
- Representing leading investment bank in Delaware Chancery litigation.
- Representing top Midwest health system in class action antitrust litigation.
- Representing Massachusetts healthcare company as plaintiff in restrictive covenant litigation and related disputes.
- Representing top private equity firm in RICO litigation in Massachusetts Superior Court and Massachusetts Appeals Court.
- Representing Massachusetts veteran in mental-health-related discharge upgrade.
- Representing leading asset management firm on challenge to SEC regulations at the Fifth Circuit.
- Represented top Japanese steel company in CFIUS-related briefing before D.C. Circuit regarding significant merger.
- Represented separate groups of prominent underwriters in prevailing in Second Circuit and Ninth Circuit securities appeals.
- Represented various individual plaintiffs in challenging free speech restrictions in Florida, securing preliminary injunction at district court, affirmance at Eleventh Circuit, and substantial fees.
- Represented leading sovereign wealth fund in navigating key federal statutory/regulatory schemes.
- Represented leading investment bank in non-party deposition regarding nearly $2B acquisition of Norwegian company.
- Represented electronics manufacturing services provider as plaintiff in complex contract dispute in California state court, securing favorable settlement.
- Represented prominent memorial/museum in defending against various tort claims brought by vendor, securing full dismissal of claims.
- Represented 1000+ member trade organization in filing amicus brief regarding complex federal preemption arguments.
- Represented leading specialty chemical company in post-acquisition purchase price adjustment dispute.
- Represented top social media management company in navigating high-stakes contract negotiations with top social media platform.
- Represented top university in financial aid class action antitrust action brought against 17 universities.
- Represented top sovereign wealth fund in analyzing the Foreign Agents Registration Act and the Foreign Sovereign Immunities Act.
- Represented leading biopharmaceutical company in navigating novel state drug pricing legislation.
- Represented oncology company in dynamic contractual dispute and negotiations.
- Represented the Commonwealth of Massachusetts in over 300 criminal cases as a special assistant district attorney for the City of Cambridge, including numerous jury and bench trials.
- Represented top pharmacy chain in pricing litigation involving various insurance companies.
- Represented top private equity firm in successful divestiture of assets, allowing $10+ billion merger to proceed.
- Represented leading financial firm in assessing risks and producing comprehensive report in advance of 2020 U.S. presidential election.
- Represented director of national agricultural producer in derivative action asserting breaches of fiduciary duty.
- Represented prominent vehicle manufacturer and its directors and officers in derivative action.
- Represented global food company in patent infringement suit in filing petition for certiorari and subsequently in federal district court litigation.
- Represented prominent university in complex withdrawal from athletic conference.
- Represented top Massachusetts private school in exposing/addressing sexual abuse on campus.
- Represented foreign elevator manufacturer in providing complex regulatory advice in the United States and China.
- Represented various Boston-area small businesses in securing COVID-19 governmental relief.
- Represented Colombian family of Steppingstone Scholar in securing cancellation of removal from the United States.
- Represented special needs student in negotiations with school district for out-of-district placement.