Tony Phillips

Investigations
A trusted advisor, Tony protects and advises clients handling regulator inquiries, responding to whistleblower or hotline complaints, or navigating government enforcement efforts, including IG investigations. In private practice, Tony has investigated allegations of fraud, bribery, employee misconduct, embezzlement, discrimination and more, arising from the Racketeer Influenced Corrupt Organizations (“RICO”) Act, False Claims Act, Foreign Corrupt Practices Act, Stark Law, Anti-Kickback Statute, and other federal statutory schemes. Tony is also experienced at handling sensitive investigations to help clients formulate compliance and reporting strategies.

Disputes
Tony is a proven on-your-feet advocate with nearly two dozen federal court appearances for the U.S. Department of Justice and U.S. Air Force, combined. Tony has litigated before judges and juries in federal courts from Washington, DC, to South Dakota, to Puerto Rico; he has argued before the U.S. Circuit Court of Appeals for the District of Columbia Circuit; and he has tried cases and written appeals in Maryland state court. Most recently, Tony won total victory for his client in a $26 million binding EPC arbitration.

In private practice before going in-house, Tony was named to the National Black Lawyers “Top 100” (2021), the Lawdragon “500 Leading Lawyers” (2020), and the Lawyers of Color “Nation’s Best” (2019). Tony is also a thought leader working at the cutting edge of digital trust and safety, concentrating on beneficial, ethical and responsible AI, tech regulation and enforcement, and digital liability.

• Representing client involved in investigation by Office of Inspector General (OIG) and related grand jury subpoena.
• As in-house counsel for a major technology corporation, Tony led teams of lawyers working to understand, calibrate and mitigate legal risks, focusing on online harms to users (e.g., fraud and deception, misinformation and terrorism) and litigation risk to the company.
• Represented a power generation company in a $26 million engineering, procurement and construction (EPC) dispute, prevailing on all claims and defeating all disputed counter claims in a fully litigated panel arbitration.
• Regularly leveraged prior experience as a DOJ prosecutor, defense attorney and military JAG to guide clients in compliance program design, litigation strategy and regulator response matters.    
• Represented a genetic testing company in a seven-figure employment and contract dispute.
• Represented a commercial real estate developer in a seven-figure construction dispute.

• Named to 2019 Lawyers of Color “Nation’s Best” list.
• Awarded National Eagle Scout Association’s “NESA Outstanding Eagle Scout” award in October 2021.
• Awarded the Defense Meritorious Service Medal for leading major crimes investigations in Iraq while deployed to Baghdad during Operation Iraqi Freedom.
• Publications
  • “Will Generative AI Create a Break in the Impenetrable Wall That Is Section 230?” JD Supra, June 19, 2023 (with Jaria Martin). Author.
  • “Effective Investigations: The Whole Is Greater than the Sum of Its Parts,” Compliance & Ethics Professional (CEP) Magazine, May 1, 2019 (with David Searle). Author.
  • “Knowing the Unknown: Avoiding the Threat of FCPA Successor Liability,” Westlaw Journal on White Collar Crime, September 4, 2015 (with Bill Lawler). Author.