Philip N. Yannella

• Successful defense of a major bank in a TCPA class action. Retained an expert to assess ascertainability of class members based on structured dialer data.
• Counseled a nonprofit hacked by Chinese nationals and coordinated a response with the FBI. Guided the client through an initial investigation of criminal attack on staging server, including engagement of a forensic team, collaboration with governmental entities to pursue the attackers, and review of forensic analysis.
• Counseled an auto finance company in connection with a data breach of customer personal information, involving multi-state reporting.
• Counseled a biotech in connection with theft of trade secrets by a former contractor.
• Counseled a university in connection with a data breach stemming from inadvertent posting of student social security data in an internet kiosk.
• Counseled a major telecom company on potential legal exposure arising out of review of hacked Sony emails posted to WikiLeaks.
• Conducted an internal investigation for a major retailer arising out of suspected violations of access and identity management policies, resulting in developer access to production environments.
• Represented a gaming company in connection with an investigation into suspected exfiltration of customer social security information held on unencrypted webserver.
• Counseled a pharmaceutical client in response to a series of spear phishing attacks. Guided the client through an initial investigation, assisted in delisting of its domain, advised on WHOIS search, and prepared filings to the FBI cybercrime unit.
• Counseled a gaming company in response to a suspected credit card skimming operation. Guided the client through an initial investigation, engagement with credit card fraud units and government entities, and advice on data breach notification procedures.
• Successful defense of a major bank in an overdraft class action. Retained, developed, and elicited expert testimony concerning limitations of structured data and impact on the plaintiff’s damages model.
• Defense of a clinical laboratory in a multi-state attorney general investigation alleging overpayment of Medicaid costs. Served as national discovery counsel, worked with an expert to model damages from legacy datasets.
• Represents a manufacturer in multi-state products liability litigation relating to property damage allegedly caused by an herbicide.
• Served on a national coordinating counsel team for a major pharmaceutical manufacturer in litigation relating to an anti-anemia medication.
• Served on a national coordinating counsel team for a medical device company in litigation relating to latex gloves.
• Served on a national coordinating counsel team for a biologics company in litigation relating to Factor IX products.
• Served on a national coordinating counsel team for a major cigarette manufacturer in multi-state litigation. Obtained multiple summary judgment awards in favor of a major cigarette manufacturer in Pennsylvania state court.
• Served as a member of the team that created new Pennsylvania law by successfully arguing that the "heeding presumption" was inapplicable to consumer products voluntarily purchased and consumed.
• Obtained summary judgment on behalf of a university in asbestos litigation venued in Philadelphia court.
• Obtained a favorable result for a major pharmaceutical manufacturer in trial relating to weight loss medication.
• Served as lead counsel for a pharmaceutical device company in a toxic tort class action arising from the alleged release of chemicals from the company's North Carolina facility.
• Successful representation of an oil refiner in litigation arising from alleged benzene exposure at a refining plant.

E-Discovery & Information Governance

• Served as national discovery counsel for a major pharmaceutical manufacturer in litigation relating to a COX-2 inhibitor.
• Served as national discovery counsel for a pharmaceutical joint venture in litigation relating to statin.
• Served as national discovery counsel for a major pharmaceutical manufacturer in litigation relating to an antipsychotic medication.
• Serves as national discovery advisor to a major accounting firm.
• Successful defense of a pharmaceutical company in a spoliation motion arising out of the loss of SAS program files. Led the investigation, including forensic exam, and developed and presented expert testimony.
• Successful representation of a major stock exchange in a regulatory investigation and class actions arising out of the failure of an IPO pricing engine. Managed and coordinated eDiscovery, including forensic examinations and ESI investigation, for over 100 employees.
• Successful representation of a pharmaceutical company in a spoliation hearing stemming from the loss of data held in a wiki used for regulatory submissions.
• Developed records retention and IG programs for two dozen companies in the following industries: auto finance, automotive, car rental, aerospace, pharmaceutical, medical device, commercial paint products, banking, real estate lending, and insurance.