People / Staff

Phil Goldberg

Phil Goldberg, the director of PPI's Center for Civil Justice, is a partner at Shook Hardy & Bacon LLP. As a public policy attorney, Goldberg has more than two decades of experience with liability-related public policies and public affairs. From 1993 through 2000, he worked for Democratic Members of Congress, including Rep. Steve Rothman (NJ), when Mr. Rothman served on the House Judiciary Committee. Since joining Shook in 2003, Goldberg has regularly testified before legislatures, filed amicus briefs in federal and state courts, spoken at judicial education programs, and authored legal scholarship on important liability-related matters.

Writings

Op-eds and Articles

By / 10.25.2018

The U.S. Supreme Court is about to get a look at the latest attempt by environmentalists and their political allies to bypass legislatures and use the courts to enact their climate-change agenda. So far, they have sued America’s energy producers in hopes of having judges, not regulators, set carbon emission limits and making energy producers […]

Blog

By / 9.24.2018

The U.S. Supreme Court is planning to decide this month whether it will hear a case that has started a seismic shift in how local governments look to fund their efforts to address pollution and other public health risks. This case, which deals with removing lead paint from homes, may not dominate national headlines the […]

Op-eds and Articles

By / 6.14.2018

The United States Conference of Mayors met in Boston last week, and a key topic was climate change. Mayors have been looking for ways to exert leadership on this issue, but one idea that should be tossed to the waste bin is suing America’s energy producers over so-called “climate change injuries.” These lawsuits, started by […]

Blog

By / 5.22.2018

The George Mason University’s Law & Economic Center hosted its Twelfth Annual Judicial Symposium on Civil Justice Issues on Monday, May 11, 2018. The program included many pressing topics of liability, including innovator liability against branded pharmaceutical companies, climate change tort cases against energy producers, litigation financing, and the implications of the U.S. Supreme Court’s […]

Blog

By / 3.23.2018

Yesterday’s science day in a federal courtroom in San Francisco underscores the problem with the recent spate of climate change tort suits.  These lawsuits, which we recently wrote about in The Hill, seek to impose massive liability against fossil fuel producers for selling energy products, including home heating fuel and gasoline for cars, that many scientists […]

Op-eds and Articles

By / 3.1.2018

Environmental activists are once again greeting a Republican administration’s resistance to setting carbon dioxide emission limits with lawsuits. In January, Mayor DeBlasio in New York City followed seven California cities that filed lawsuits over climate change last summer. These lawsuits, though, miss the point and their target. They are not suing the Trump administration. They […]

Blog

By / 9.21.2017

Debate has erupted in the past week and a half over Allergan’s surprise move to transfer all of its intellectual property rights to its blockbuster drug Restasis to the Saint Regis Mohawk Indian Tribe.  Allergan’s CEO Brent Saunders said he sold Allergan’s intellectual property rights in Restatis to protect it from the “double jeopardy” of […]

Op-eds and Articles

The pharmaceutical company Allergan shocked the prescription drug market this month when it transferred its intellectual property rights to its blockbuster drug Restasis, a treatment for dry eyes that generated $1.5 billion in sales last year, to the Saint Regis Mohawk Indian Tribe in exchange for an exclusive licensing deal. This bold tactic was intended […]

Op-eds and Articles

By / 9.18.2017

Phil Goldberg and Kathryn Constance discuss the impact that a recent Supreme Court decision could have on sanctions over discovery and other litigation disputes. The U.S. Supreme Court, in the little-known case Goodyear v. Haeger this past term, set important limits on a judge’s inherent authority sanctions, which could have significant implications in discovery disputes. […]

Op-eds and Articles

By / 8.11.2017

In New York and around the country, we count on judges and juries to get things right, but there is no way they can do their jobs if they are blindfolded from the facts. In the past few years, judges have exposed a national trend of plaintiffs’ lawyers hiding critical facts when suing over asbestos […]