Philip J. Terry - Partner

 

Practice Focus

Civil litigation and trial practice, wine law, commercial contracts, real estate, corporate and partnership law, banking, construction, intellectual property, business torts, employment, will and trust disputes, insurance claims, and taxation.

Education

Bachelor of Arts, with High Honors, University of California, Berkeley, 1987
Juris Doctor, University of California, Hastings College of the Law, 1990

Experience


Philip J. (Jeff) Terry is a litigation and trial partner with Carle Mackie Power & Ross, LLP. Jeff has been practicing in Northern California since 1990 and is peer review rated AV (the highest rating possible) by Martindale-Hubbell. Jeff has successfully tried a wide variety of legal disputes to verdict before juries in both Federal and State court.

Jeff is dedicated to results driven litigation and counseling clients with respect to commercial and business disputes. Jeff is committed to finding the most practical and cost efficient solution to a difficult problem but to litigate aggressively and strategically where it is in his client’s best interest.

With over 25 years of extensive courtroom experience, Jeff has successfully litigated a broad range of legal issues: real estate disputes including seller and broker misrepresentation, easements, landlord issues, ADA claims, boundary and title matters; banking related cases, including lender liability, commercial lending, foreclosure, receiverships and guaranty enforcement; construction industry matters including defect cases, mechanic’s lien and contract enforcement; intellectual property disputes including trademark infringement and cancellation claims, copyright infringement and Digital Millennium Copyright Act claims; business torts including misappropriation of trade secrets, unfair competition, and fraudulent conveyance; investment and securities cases including securities fraud, investment advisor fraud and investor suitability issues; California and Federal employment claims involving discrimination, retaliation and wage and hour claims; disputes among shareholders, partners, limited partners, LLC members, trustee and beneficiaries; probate claims and litigation; premise liability and general insurance claims; and resolution of tax controversies through administrative and judicial process.

Since joining CMPR in 2002, Jeff has also worked with a large number of wine industry clients developing industry specific skills to tackle problems unique to wine producers, winegrowers, winemakers, distributors and suppliers. Jeff has successfully pursued and defended negligence and contract claims involving wine spoilage, cork taint and defective packaging. Jeff has also assisted many clients with contract disputes related to vineyard management and development, grape purchase contracts, distributorship and brand agency relationships, as well as custom crush and alternate proprietorship agreements.

Witnessing first hand how business relationships can sometimes deteriorate from a lack of foresight or adequate planning for contingencies, Jeff is able to counsel and assist clients in successfully negotiating, or negotiating on their behalf, a broad spectrum of commercial transactions, including the purchase and sale of a business, the formation and structuring of a corporate or partnership entity, as well as addressing and resolving tax related disputes.

Jeff is proficient in Spanish and French.


Bar Admissions

  • State Bar of California, 1990
  • Federal District Courts for the Northern and Central Districts of California
  • Federal Appeals Courts for the 9th Circuit and Federal Circuit in Washington D.C.
  • United States Tax Court

Notable Engagements

  • Defended real estate developers in Sonoma County case involving claims of over $6 Million for alleged real estate and securities fraud resulting in complete defense verdict by jury.
  • Defended independent dealership and principals in Sonoma County jury trial relating to claims of trade secret misappropriation resulting in complete defense verdict.
  • Represented winemaker in Napa County case over verbal agreement and business relationship stemming from heralded winemaking project resulting jury verdict in favor of winemaker and damages award of $250,000.
  • Represented wine producer in litigation over wine packaging and oxidation claim resulting in recovery of $1.4 Million settlements.
  • Represented multiple wineries in Federal District Court pursuing claims of cork taint resulting in over $3.3 Million in settlements.
  • Defended winemaker accused of negligence causing the loss of approximately $250,000 in fine wine resulting in settlement valued at pennies on the dollar.
  • Represented wine producer in litigation over wine taint arising from contract facility’s negligence resulting in significant recovery through settlement.
  • Defended winemaker in bench trial over claims of fraud and breach of contract by winery resulting in plaintiff dismissing claims after only one day of trial.
  • Represented party pursuing claims in Federal District Court against winery in copyright case resulting in jury verdict of infringement.
  • Represented employees in whistle blower action against corporate employer resulting in favorable jury verdict and $2.5 Million settlement.
  • Obtained $800,000 fraud judgment in bankruptcy court on claim of investment advisor fraud.
  • Defended corporate trademark owner in cancellation proceeding before USPTO and Federal District Court resulting in favorable settlement and dismissal of cancellation claims after repeated favorable rulings on 12(b) motions.
  • Represented Federal employee in EEOC disability claim resulting in settlement in excess of $500,000.
  • Represented vineyard owner in action against developer for fraud and breach of contract resulting in favorable jury verdict.
  • Represented winery and winegrower in successful Tax Court trial in San Francisco involving issues of proper depreciation of vineyard trellising.
  • Represented farm worker in Sonoma County claim of sexual harassment resulting in favorable jury verdict and award of attorney’s fees exceeding $500,000.
  • Represented state employee in whistle blower case in Federal District Court, second chaired trial resulting in a favorable verdict with an award in excess of $500,000.
  • Represented former airline pilot in personal injury arising from hotel shuttle negligence securing $500,000 settlement.

Professional Associations & Community Involvement

  • Member, Past Board Member, Sonoma County Bar Association
  • Member, Richard M. Sangster Chapter of the American Inns of Court
  • Member, San Francisco County Bar Association
  • Member, Los Angeles County Bar Association

Selected Speaking Engagements

  • Document Presentation at Trial, Continuing Legal Education Seminar May 2013, presented at the Sonoma County Bar Association.
  • Real Property Update, Continuing Legal Education Seminar May 2012, presented at the Sonoma County Bar Association.
  • Civil Litigation and Trial Update: 2011 Year in Review, Continuing Legal Education Seminar February 2012, presented at the Sonoma County Bar Association.
  • Real Property Update, Continuing Legal Education Seminar May 2011, presented at the Sonoma County Bar Association.
  • Real Property Update, Continuing Legal Education Seminar March 2010, presented at the Sonoma County Bar Association.

 

The Firm

"The firm commitment to higher standards is the distinguishing characteristic of the quality of legal services we provide".