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Philip E. Cook

Philip E. Cook , Esq.

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General Biography
Practice Areas & Industries
Business Commercial
Class Action & Mass Tort
Employment Law
Health Care
Insurance
Intellectual Property
Product Liability
Real Property
Securities
Honors, Memberships, and Professional Activities
Background and Education
Philip E. Cook, Esq. is an accomplished dispute resolution professional. He founded Cook Mediation in 2015, devoting an increasing portion of his trial practice to mediating litigated disputes. Since 2004, he has served as a
court-appointed mediator for the California Court of Appeal, the Los Angeles County Superior Court and the U.S. District Court for the Central District of California. Mr. Cook also serves as a Temporary Judge for the Los  Angeles Superior Court. 

Mr. Cook draws upon decades of experience as a multistate trial lawyer to help parties resolve their disputes. Mr. Cook’s success in the courtroom runs the gamut of commercial litigation, including contract disputes; corporate
governance and securities and financial products claims; Business and Professions Code section 17200 claims and business torts; landlord/tenant, real estate, land use and environmental issues; product liability and toxic torts; antitrust, unfair competition and trade regulation; patent, trademark and copyright infringement; governmental claims and liabilities; freedom of speech and religious freedom under the First Amendment; health care; construction defect; and wrongful termination, employment discrimination and executive compensation.

Before attending law school, Mr. Cook spent 12 years in the computer and consumer electronics fields, with business experience ranging from marketing and management positions at national Fortune 500 companies to his own entrepreneurial ventures. 

Mr. Cook has mediated hundreds of matters spanning a wide range of disputes. He invites you to discuss with him any case you believe might be suitable for mediation.

Representative Matters

  • Business Commercial
      • Mediated multiple lawsuits alleging breach of contract, tortious interference and fraud arising from the sourcing and delivery of PPE, including between a nationwide drug store retailer and an importer of PPE (masks), between a foreign manufacturer and a domestic reseller of PPE (gloves), and between an importer and a domestic distributor of PPE (masks) 
      • Mediated breach of contract and fraud claims between joint venturers and investors in harvesting and distribution operations for ocean-based food product 
      • Mediated breach of contract, fraud and indemnity claims among suppliers to national retailer over alleged lost retail sales and markdowns, as well as coop charges and penalties assessed by
        retailer 
      • Mediated breach of contract, performance and termination issues between national beverage company and co-packing company 
      • Mediated Unfair Competition Law (B&P 17200), defamation and tortious interference claims between producer of emergency water and former distributor/competitor 
      • Arbitrated (ICC) breach of contract and trade secret claims arising from joint development of photocurable polymers used in stereolithography systems (3D printing) 
      • Represented a commodities trading firm alleging breach of fiduciary duty and corporate governance claims against a former partner 
      • Represented an intervenor (acquirer) in class action lawsuits that sought to enjoin a multi-billion dollar oil industry merger, including Unocal doctrine and CFIUS issues 
      • Defended against a claim seeking an “anti-dilution fee” pursuant to a stock warrant 
      • Represented a minority shareholder exercising shareholder inspection rights and alleging breach of fiduciary duties and theft of corporate opportunities
  • Class Action & Mass Tort
      • Mediated multiple consumer class actions alleging product mislabeling, including contentions regarding the country of origin of pasta, a flavor ingredient of mints and quantities of dietary supplements
      • Defended class action for oil and gas royalties allegedly underpaid for exploration and production at a California oil field
      • Represented named plaintiff in class action against health care system arising from data breach
  • Employment Law
      • Mediated multiple individual and representative (class action and PAGA) wage and hour claims, including employees involved in interstate trucking, commissioned vehicle sales, warehouse operations, outside sales, account management, rental property management and retirement planning 
      • Mediated multiple lawsuits concerning founders’ rights and obligations upon separation from the company, including earnout disputes and trade secrets relating to proprietary source code 
      • Mediated multiple employment lawsuits involving joint employer defendants, including staffing/payrolling companies and businesses where workers were assigned 
      • Mediated multiple lawsuits with individual plaintiffs alleging disability discrimination, including failure to engage in the interactive process, failure to accommodate and retaliation 
      • Mediated multiple individual lawsuits alleging wrongful termination, including age discrimination, sexual harassment, disability discrimination and pregnancy discrimination 
      • Defended governmental employer against “permatemp” class action claims brought by contract workers to obtain civil service status and benefits 
      • Represented former CEO of publicly traded company in arbitration (AAA) in dispute about the terms of employment/resignation
  • Health Care
      • Mediated dispute between medical practice and party contracted to bill health plans and collect for services 
      • Mediated multiple member claims against health plan 
      • Represented California hospital group seeking unpaid reimbursement at 20 facilities that had provided medical treatment to health plan members, including Knox-Keene Act issues
  • Insurance
      • Mediated multiple lawsuits by policyholders suing under homeowner’s policies, including issues relating to cause and origin, number of losses, exclusions and replacement values 
      • Mediated lawsuit alleging failure to defend underlying negligence case against real estate broker 
      • Mediated lawsuit against insurance broker alleging negligence in placing coverage for fire loss 
      • Represented industrial manufacturer seeking coverage under boiler and machinery endorsement, alleging damage to 33-ton forging press was accidental and not caused by wear and tear 
      • Represented affordable housing developer alleging failure to defend underlying lawsuit challenging housing conditions 
      • Represented fast-food franchisee alleging failure to defend underlying disability discrimination lawsuit under EPL policy 
      • Represented construction materials manufacturer in California trial and appellate courts, as well as North Carolina bankruptcy court, concerning coverage for bodily injury caused by asbestos exposure, including number of occurrences, “anti-stacking” of policy limits, “horizontal exhaustion” and allocation among primary and excess insurers 
      • Represented public utility alleging coverage for environmental liabilities at over 30 former manufactured gas plant sites, including fortuity, trigger, “occurrence” or “accident,” and “owned property” / pollution exclusions 
      • Represented precious metals dealer seeking coverage in Delaware bankruptcy court under D&O policies for regulatory actions targeting the company’s business, advertising and marketing methods 
      • Represented fresh produce processor seeking coverage for bodily injury, property damage and business interruption claims arising from an E. coli outbreak at fast-food chain locations 
  • Intellectual Property
      • Mediated multiple lawsuits alleging trademark and service mark, trade dress and design patent infringement, including in the fields of medical services, compact air conditioners, trash receptacles, patio furniture, spa treatments, water and sports drink bottles, fashion and clothing lines, designer jeans, pet chew toys and packaging containers for consumer goods 
      • Mediated multiple lawsuits in which individual photographers and photography syndicators alleged copyright infringement (registered and unregistered), including against an international internet service provider, a regional retail chain and a travel website 
      • Mediated multiple lawsuits alleging copyright infringement from the use of fabric patterns 
      • Mediated lawsuit alleging utility patent infringement and breach of prior settlement agreement related to paint spray guns 
      • Mediated lawsuit alleging utility patent infringement for apparatus and methods used in spa treatments 
      • Mediated patent infringement lawsuit arising from cannabis product production and use 
      • Represented multiple fine artists (including several painters and a rug designer) alleging copyright infringement, including issues arising under the Digital Millennium Copyright Act (DCMA) and the Visual Artists Rights Act (VARA) 
      • Represented patentee alleging infringement relating to various materials used in solid free-form fabrication (3D printing) 
      • Defended against patent infringement claims alleged against acquired company in the field of selective laser sintering (3D printing)
  • Product Liability
      • Mediated a consumer class action, during the pendency of a NHTSA investigation, alleging automobile safety products were defective 
      • Mediated breach of contract and implied warranty claims for allegedly defective ambulance lift equipment  
      • Defended a respirator manufacturer against product liability claims brought by 50+ plaintiffs alleging respiratory disease from exposure to silica-based particles (calcined diatomaceous earth) 
  • Real Property
      • Mediated a dispute between a seller and buyer of lakefront property that arose when the transaction failed to close 
      • Mediated dispute between adjacent landowners concerning common property line fencing and property damage during construction 
      • Mediated commercial lease dispute involving car repair shop tenant 
      • Mediated tenant’s lawsuit alleging sexual assault by landlord 
      • Mediated multiple disputes alleging that residential rental units were uninhabitable 
      • Presided over multiple bench trials (as temporary judge, LASC) in unlawful detainer actions 
      • Represented commercial landlord in arbitration (JAMS) involving retail tenant 
      • Represented restaurant tenant alleging breach of lease in litigation involving shopping mall landlord
  • Securities
      • Defended claims alleged by two former employees of Chinese company that stock options were granted as compensation 
      • Defended shareholder derivative action for breach of fiduciary duty and corporate waste after oil company settled governmental investigations, including issues related to demand futility and special litigation committee report 
      • Defended third-party complaint against Chinese company seeking indemnity for claims arising from IPO on Hang Seng exchange 
      • Represented broker-dealer employees in multiple arbitrations (FINRA) defending claims related to auction rate securities (ARS) illiquidity
      • Represented municipality plaintiff who sought rescission of interest rate derivative swap transaction, disgorgement of transactional fees and fraud damages

Honors, Memberships, and Professional Activities

Honors

  • Public Counsel’s inaugural President’s Award for Outstanding Pro Bono Service, 2024
  • Public Counsel’s Volunteer of the Year in 2021 (for litigation representing a Ph.D. candidate with claims against the university), in 2017 (for work representing operators of family childcare homes), in 2013 (for work representing victims of mortgage and other consumer fraud) and in 2012 (for work representing applicants for childcare centers and homes)
  • Recognized by The Best Lawyers in America for “Commercial Litigation” and “Litigation– Securities,” by Chambers & Partners in Chambers USA: America’s Leading Lawyers, by ALM Media and Martindale-Hubbell as a Top-Rated Litigator, and as a Southern California “Super Lawyer”
  • AV Peer Rated by Martindale Hubbell 

Memberships and Professional Activities/Affiliations

  • President, Los Angeles Chapter, Association of Business Trial Lawyers, 2012–2013; Member, Board of Governors, 2004–2013; Chair, ABTL Annual Seminar, 2008
  • Member and Past Chair, Board of Directors, Public Counsel, 2006–2025; Member, Executive Committee, 2013–2025
  • Member, Executive Committee, Litigation Section, Los Angeles County Bar Association, 2013–2025; Co-Chair, LACBA Complex Court Symposium, 2014–2016
  • Pro Bono Chair, Jones Day, Los Angeles Office, 2000–2013
  • Adjunct Law Professor, Trial Practice, Pepperdine Law School, 1994–1996
  • Participated in seminars and workshops teaching mediation advocacy, legal research skills, privilege and work product, civil procedure before trial, deposition, oral advocacy and trial techniques, and has appeared on the faculty at local, state and national continuing legal education programs
  • Planned, organized and participated as a moderator and panelist in multiple continuing legal education programs presented by The Rutter Group™, including a periodic presentation of Civil Procedure Before Trial
  • Admitted to State Bar of California, all U.S. District Courts in California, U.S. Court of Appeals for the Ninth Circuit, and pro hac vice in courts in Indiana, Oregon, North Carolina, Texas, Washington and Hawaii

Background and Education

  • Mediator, Cook Mediation, 2015–2025
  • Managing Attorney, The Cook Law Firm, 2015–2024
  • Temporary Judge (Judge Pro Tem), Los Angeles County Superior Court, 2021–2025
  • Court-Appointed Mediator, United States District Court, Central District of California, 2015–2025
  • Court-Appointed Mediator and Neutral Evaluator, Los Angeles County Superior Court, 2006–2008, 2024–2025 
  • Court-Appointed Mediator, Second District Court of Appeal, 2004–2025
  • Partner, Jones Day, 2001–2014
  • Associate, Jones Day, 1995–2000
  • Associate, Riordan & McKinzie, 1992–1994
  • Associate, Skadden, Arps, Slate, Meagher & Flom, 1990–1991
  • Law Clerk to the Honorable Consuelo B. Marshall, U.S. District Court, Central District of California, 1991–1992
  • J.D., UCLA School of Law, 1990
    • Editor, Law Review
  • B.A., Psychology, Pacific Christian College (now Hope University), 1979

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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