Robert W. Phillips

As an experienced bankruptcy lawyer with extensive knowledge of complex commercial and bankruptcy matters, Robert Phillips brings a valuable perspective and depth to SimmonsCooper’s practice.  His understanding of the intersection between personal injury mass tort law and federal bankruptcy law is a tremendous asset to our clients that is not found at most law firms.  As an example, in 2005 and again in 2006, Robert led teams of lawyers who successfully blocked attempts by solvent asbestos defendants to extend the protection of bankruptcy injunctions to enjoin claims against them as well, resulting in the recovery of millions of dollars for clients otherwise at risk.

Prior to joining SimmonsCooper, Robert worked at a large national law firm and represented numerous large companies and national financial institutions in commercial litigation and bankruptcy matters before trial and appellate courts around the country, including:

• Lead counsel to the financial lending arm of a Big Three automaker in numerous litigation and bankruptcy matters involving business loans ranging from $1 million to $20 million per matter;
• Lead counsel to a national financial institution in numerous litigation and bankruptcy matters involving real estate and business loans ranging from $1 million to $15 million per matter;
• Part of the core team serving as debtors’ counsel in the chapter 11 bankruptcy case for a publicly-traded gaming company;
• Part of the core team serving as counsel to the primary lender in the bankruptcy of a $250 million agribusiness alleged to be a Ponzi-scheme defrauding investors and lenders; and
• Either lead counsel or part of the core team serving as counsel to official creditors’ committees or secured lenders in numerous chapter 11 bankruptcy cases.

Over the last several years, through his work representing asbestos victims in bankruptcy cases and against asbestos personal injury trusts, Robert has helped recover over $150 million on behalf of numerous clients.*  He also has served on bankruptcy court-appointed committees representing asbestos victims in several pending and now-resolved asbestos bankruptcy cases, and on advisory committees to established trusts.  Robert’s mix of skills and experience has led to frequent invitations to speak at business and legal conferences around the globe on a variety of bankruptcy and mass tort subjects.

* Please note that recovery results vary per client. The recovery amounts in each case reflect the specific facts of that case. Further, recovery amounts in past cases are not a guarantee of future results. 

News & Publications

Bankruptcy Practice, MoBar CLE Deskbook, 2nd edition (Reviewing Editor), 2007

Missouri Secured Transactions, MoBar CLE Deskbook (Reviewing Editor), 2005

Cass County Music Co. v. C.H.L.R., Inc.: Law, Equity, and the Right to Jury Trial in Copyright Infringement Suits Seeking Statutory Damages, 51 Ark. L. Rev. 117, 1998

Classes/Seminars Taught:

"Multinational Litigation: How Are Corporations Managing Asbestos Liability Abroad?"  Butterworth's International Litigation Conference, London, United Kingdom, October 17, 2007

"The Intersection Between Traditional Litigation and the New Bankruptcy Trusts,"  Panelist and Co-Chairman, Mealey's Asbestos Bankruptcy Conference, Chicago, Illinois, June 7-8, 2007

"Bleeding Over Into Bankruptcy Litigation-The Next Chapter of Alleged Fraud in the System," Mealey's Silica & Asbestos Claims Conference, Philadelphia, Pennsylvania, November 9, 2006

"Victims, Companies & Insurers: What Does the Future Hold?" Mealey's International Asbestos Conference, London, United Kingdom, November 2, 2006

"Bolt-on Bankruptcies: The Case for Not Extending the 524(g) Injunction," Mealey's Asbestos Bankruptcy Conference, Chicago, Illinois, June 8, 2006

"The United States Greets Chapter 15" in "Developments in Cross-Border Insolvencies: The Changing Landscape of U.S. and Foreign Law," American Bar Association, International Section Spring Meeting, New York, New York, May 6, 2006

"Attorney Responsibilities Under the New Act" in "Hidden Bankruptcy Traps: What Personal Injury Lawyers Need to Know," Association of Trial Lawyers of America Teleseminar, October 18, 2005

"A Survey of Recent Cases Decided Under Revised Article 9 of the Uniform Commercial Code," Missouri Bar Association, Commercial Law Committee Spring Meeting, Jefferson City, Missouri, May 7, 2004

"Fundamentals of Bankruptcy Law and Procedure in Missouri," National Business Institute Seminar, St. Louis, Missouri, May 3, 2004

"Revised UCC Article 9 Secured Transactions: What Missouri Practitioners Need to Know," National Business Institute Seminar, St. Louis, Missouri, August 25, 2003

Professional & Community Affiliations

• American Association for Justice
• American Bankruptcy Institute
• American Bar Association
• Bar Association of Metropolitan St. Louis
• Illinois State Bar Association
• Illinois Trial Lawyers Association
• International Bar Association
• Missouri Bar Association
• International Association of Restructuring, Insolvency & Bankruptcy Proffesionals (INSOL)