Gregory J. Phillips
Chair, Business Litigation Practice Group; Vice Chair, Litigation Practice Group
Overview
Greg litigates all aspects of complex business and commercial cases for public and private companies, as well as for individuals. Greg has argued successfully before the Ohio Supreme Court and the U.S. Court of Appeals for the Sixth Circuit, while litigating cases before numerous trial courts and arbitration panels around the country.
For the last six years, Greg has been named by his peers for inclusion in Best Lawyers in America® in the Commercial Litigation field. Best Lawyers in America® is based entirely on peer review and the consensus opinion of leading lawyers about the professional abilities of their colleagues. Since 2015, Greg has received accolades from Benchmark Litigation, including being named a “Litigation Star” for 2020, 2021, 2022, and 2023.
As one of Benesch’s lead commercial litigators, Greg has directly contributed to the upward progression of the firm’s litigation practice in recent years and to retaining and growing the firm’s litigation client base. During this time, Benesch’s Litigation Practice Group has more than tripled in size.
Since joining Benesch, Greg has served as lead counsel on a number of significant matters for Benesch’s clients, including two complex commercial arbitrations in which Greg obtained multimillion-dollar victories for his clients after trials on the merits. Greg’s clients include some of the largest companies in Northeast Ohio, as well as the largest U.S. debit and credit card processor; a global leader in sports, fashion, and media; and a leading international manufacturer with its U.S. headquarters in Silicon Valley.
Greg’s high-profile cases have attracted substantial media attention. His cases have been covered by prominent national and Ohio news outlets, including USA Today, Reuters, Sports Illustrated, ESPN, CBS Sports, Golfweek, Computerworld, Law360, Crain’s Cleveland Business, The Plain Dealer and The Columbus Dispatch.
As a member of Benesch’s Risk & Ethics Committee, Greg educates and trains colleagues on risk avoidance and mitigation, and provides advice and counseling on ethics matters when needed. Greg has significant experience in professional responsibility matters and the attorney-client privilege, having actively litigated legal malpractice claims and served as his former firm’s General Counsel and chair of its Ethics Committee.
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Experience
Represented an ENR-ranked Midwest specialty contractor in a cross-border dispute over cost overruns and withheld payments on a steel manufacturing plant. The contractor significantly underbid the project due to misleading actions by the owner. Benesch re-baselined the schedule, developed a damage model and used an estoppel argument to secure a favorable settlement in fast-track arbitration.
Defended FirstEnergy in a putative class action brought by Schwebel Baking Co. on behalf of itself and similarly situated, large commercial and industrial customers of FirstEnergy. The lawsuit challenged FirstEnergy’s decision to pass through to these customers certain regulatory costs incurred in January 2014, when the “polar vortex” caused temperatures across the region to plummet to historic lows and demand for electricity increased correspondingly.
Successfully defended publicly traded manufacturer that hired away a key executive-level employee from direct competitor that sued to enforce noncompete.
Obtained $10 million settlement for Fortune 500 company from supplier of defective components that were incorporated into machines sold around the world.
Defended nationwide mortgage servicer in putative class action filed in bankruptcy court. The debtors sought a class-wide contempt finding for alleged systematic violations of the discharge injunction. Fact-intensive filings revealed severe certification problems and triggered the court’s discretion in declining to activate rule for class proceedings.
Defense of two of the largest payment processing companies in putative nationwide class action consolidated in federal court in Georgia. The allegations concern the companies’ pricing and fee practices. It is expected that the plaintiffs will seek in excess of $100 million.
Successfully represented Eaton in breach of contract litigation against a Canadian licensee over approximately $4 million in overdue royalties. The case settled on highly favorable terms, with a $3.2 million payment to Eaton.
Represented Cooper Lighting LLC, a subsidiary of Eaton Corporation, in an action for replevin and emergency injunctive relief after the supplier of a critical subcomponent abruptly shuttered its factory’s doors, jeopardizing a suite of products produced by Cooper. After obtaining the emergency injunctive relief, the case settled on confidential terms.
Successfully enforced three noncompetes, including one against the former head of a U.S. division, on behalf of a major sports agency.
Successfully defended law firm from legal malpractice claim arising from complex commercial real estate transaction.
Settled for a nominal amount a putative national class action seeking in excess of $100 million in damages for a large international financial institution.
Successfully enforced noncompete against competitor that raided distribution network in Spain, obtaining court order enforcing noncompete on a worldwide basis.
Obtained $18.4 million settlement for Fortune 500 company in a complex breach of contract and fraud dispute with a telecommunications company.
Successfully defended CEO of HTV Industries, a Delaware corporation, from claims of breach of fiduciary duty and fraud brought by a minority shareholder and fellow board member. The lawsuit presented complex questions under Delaware corporate law. After multiple rounds of briefing, the Court granted our motion to dismiss in its entirety.
Successfully represented a major sports agency in three-week arbitration over trademark license and real estate development that was subject to extensive environmental regulatory oversight.
Obtained $22 million settlement for global media company in complex licensing dispute with international brand.
Representation of IMG College in a putative antitrust class action filed by Chris Spielman, a former collegiate and professional football star, against IMG College and The Ohio State University in federal court in Ohio. The allegations include claims of antitrust violations for price-fixing and concerted refusal to deal; violations of the Lanham Act; and violations of state right-of-publicity laws. In addition to class-wide damages of an unspecified amount, the plaintiff is challenging the structure of the long-term relationship between every NCAA college and its student-athletes.
Obtained complete defense victory on $4 million claim, along with $1.3 million award on counterclaim, for international manufacturer headquartered in Silicon Valley in arbitration filed by technology start-up.
Representing Cleveland Electric Illuminating Company (“CEI”), a FirstEnergy subsidiary, in litigation challenging the constitutionality of a municipality-owned competitor’s expansion into CEI’s exclusive service territory. The challenge seeks injunctive relief prohibiting Cleveland Public Power (“CPP”), a municipal electric utility operated by the City of Cleveland, from selling outside Cleveland, arguing that Cleveland is exceeding its powers under the “home rule” amendments to the Ohio Constitution.
Defended one of the nation’s largest home improvement companies in putative nationwide class action alleging a latent defect in the company’s product.
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Credentials
Education
- magna cum laude
Clerkships and Bar Admissions
More
- Member, American Bar Association
- Member, Ohio State Bar Association
- Member, Cleveland Metropolitan Bar Association
- Law Clerk for Judge Albert V. Bryan, Jr., U.S. District Court for the Eastern District of Virginia, 1998-1999
- Named 2025 “Lawyer of the Year” in Litigation – Mergers and Acquisitions in Cleveland by The Best Lawyers in America®
- Listed,The Best Lawyers in America®, Commercial Litigation, 2016-2026
- Listed, Benchmark Litigation, Litigation Star, 2020-2026
- Listed, Benchmark Litigation, Future Litigation Star, 2015-2019
- Listed, Ohio Super Lawyers, Business Litigation, 2016-2026
- Listed, Ohio Super Lawyers-Rising Stars, 2009-2010
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