Appenzeller, Jr., Phil C.
At Munsch Hardt, Phil is the firm's Vice Chairman, a member of the Management Committee and Section Head of the Business Litigation group, which consists of over 50 attorneys and paralegals in Dallas, Houston and Austin, Texas. He served as a Business Development Coordinator for two years. Phil’s experience involves large commercial/complex litigation cases. His practice largely focuses on representing bankruptcy trustees and creditors’ committees in litigation against former officers and directors and other professional advisors of failed companies. Phil also has experience in large breach of contract disputes, commercial mortgage backed securities litigation, patent infringement litigation, stockholder derivative litigation, officer and director liability, professional negligence partnership disputes and governmental contract disputes. He frequently represents clients in the technology, manufacturing, banking and financial industries.
Phil's trials include a recent successful international arbitration in the United Arab Emirates for a real estate developer. He also tried a large real estate fraud dispute on behalf of an appraiser in Dallas and received a complete defense verdict. He represented a publicly traded bankrupt technology company in the Northern District of Texas Bankruptcy Court and defeated a shareholder take over attempt. Phil represented a large public telecommunications company in a Judicial Arbitration Mediation Services (JAMS) proceeding and successfully defended the company in a large breach of contract dispute. Most recently, Phil completed a two week long trial in New York City, pursuing claims against the former manager of a CLO.
Phil routinely represents trustees and creditors' committees in litigation arising out of bankrupt entities. For example, most recently he has been retained as co-lead counsel for the Plan Administrator for the failed Texas Rangers Baseball franchise. In that representation, Phil is pursuing claims against the Ranger's former owner as well as defending several multi-million dollar claims against the estate. Phil also represented the trustee of a large failed telecommunications company, SmarTalk Teleservices, Inc. in various pieces of litigation around the country. Phil served as lead trial counsel on behalf of the litigation trustee of ETS Payphones, Inc. in the Northern District of Georgia in a $400 million Ponzi scheme case against the officers and directors and attorney/advisors of that company. ETS Payphones, Inc. was previously the second largest payphone company in the nation and the Ponzi scheme case was one of the largest in the country. Phil served as lead trial counsel for the creditors committee and/or the bankruptcy trustees of three other failed companies in Texas, Delaware and North Carolina regarding various claims against the officers and directors and professional advisors of those companies. Phil was lead trial counsel for the trustee in the VarTec bankruptcy in the Northern District of Texas and pursued director and officer claims in that litigation. Recently he was selected as lead trial counsel for a trustee of a failed ethanol company in Wisconsin and is representing a SEC appointed Receiver in an oil and gas Ponzi scheme.
Phil has represented the trustee of a large commercial mortgage backed securities pool in claims against the loan sellers and the investors in a collateralized loan pool in claims against the Collateral Manager.
Phil has tried cases in the federal courts for the Northern District of Texas, the Western District of Missouri and the Northern District of Georgia. His state trial experience includes litigation in both Texas and Missouri. Phil has tried cases in various arbitration proceedings. Finally, Phil sat on the Criminal Justice Panel for the Northern District of Texas and tried court appointed cases on behalf of defendants in various federal criminal actions.
Prior to joining Munsch Hardt, Phil practiced law for three years in the United States Army Judge Advocate General Corp. where he obtained the rank of Captain and tried cases in the United States District Court, Middle District of Georgia and United States Courts Martial. He also worked in the Dallas branch office of a large Washington, DC based firm.
Memberships & Affiliations
- City of Mesquite, Civil Service Commissioner
- Dallas Association of Young Lawyers
- Dallas Bar Association
- Mesquite Education Foundation, Board of Directors
- State Bar of Missouri
- State Bar of Texas, Litigation Section
- United States District Court for the Northern District of Texas, Criminal Justice Panel Member
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AV® Preeminent™ Peer Review Rated, Martindale-Hubbell
- Rising Stars, Thomson Reuters, 2004-2005
- Missouri
- Texas
- University of Missouri-Kansas City School of Law, Juris Doctor (UMKC Law Review, Administrative Editor)
- Evangel University, Bachelor of Science (Graduated with Honors)
group, which consists of over 50 attorneys and paralegals in Dallas, Houston and Austin, Texas. He also served as a Business Development Coordinator for two years. Phil’s experience involves large commercial/complex litigation cases. His practice largely focuses on representing bankruptcy trustees and creditors’ committees in litigation against former officers and directors and other professional advisors of failed companies. Phil also has experience in large breach of contract disputes, commercial mortgage backed securities litigation, patent infringement litigation, stockholder derivative litigation, officer and director liability, professional negligence partnership disputes and governmental contract disputes. He frequently represents clients in the technology, manufacturing, banking and financial industries.
Phil's trials include a recent successful international arbitration in the United Arab Emirates for a real estate developer. He also tried a large real estate fraud dispute on behalf of an appraiser in Dallas and received a complete defense verdict. He also represented a publicly traded bankrupt technology company in the Northern District of Texas Bankruptcy Court and defeated a shareholder take over attempt. Phil represented a large public telecommunications company in a Judicial Arbitration Mediation Services (JAMS) proceeding and successfully defended the company in a large breach of contract dispute.
Phil routinely represents trustees and creditors' committees in litigation arising out of bankrupt entities. For example, he also represented the trustee of a large failed telecommunications company, SmarTalk Teleservices, Inc. in various pieces of litigation around the country. Phil served as lead trial counsel on behalf of the litigation trustee of ETS Payphones, Inc. in the Northern District of Georgia in a $400 million Ponzi scheme case against the officers and directors and attorney/advisors of that company. ETS Payphones, Inc. was previously the second largest payphone company in the nation and the Ponzi scheme case was one of the largest in the country. Phil recently served as lead trial counsel for the creditors committee and/or the bankruptcy trustees of three other failed companies in Texas, Delaware and North Carolina regarding various claims against the officers and directors and professional advisors of those companies. Phil was lead trial counsel for the trustee in the VarTec bankruptcy in the Northern District of Texas and pursued director and officer claims in that litigation. Recently he was selected as lead trial counsel for a trustee of a failed ethanol company in Wisconsin.
Phil also has represented the trustee of a large commercial mortgage backed securities pool in claims against the loan sellers and the investors in a collateralized loan pool in claims against the Collateral Manager.
Phil has tried cases in the federal courts for the Northern District of Texas, the Western District of Missouri and the Northern District of Georgia. His state trial experience includes litigation in both Texas and Missouri. Phil has also tried cases in various arbitration proceedings. Finally, Phil recently sat on the Criminal Justice Panel for the Northern District of Texas and tried court appointed cases on behalf of defendants in various federal criminal actions.
Prior to joining Munsch Hardt, Phil practiced law for three years in the United States Army Judge Advocate General Corp. where he obtained the rank of Captain and tried cases in the United States District Court, Middle District of Georgia and United States Courts Martial. He also worked in the Dallas branch office of a large Washington, DC based firm.
Practice Area
