Philip B. Sineneng
Columbus Chair, Diversity, Equity & Inclusion Initiative
Philip is an associate in the firm's Corporate Transactions & Securities practice group. He focuses his practice on the financial services industry with a concentration on the regulatory and compliance matters related to the organization, registration and operation of investment companies and advisers.
Philip regularly advises mutual funds, closed-end funds and exchange traded funds and their investment advisers on issues relating to the development and launch of new funds, mergers, liquidations and restructuring of funds. He assists regulated entities in examinations by the U.S. Securities and Exchange Commission (SEC) and provides ongoing advice to mutual fund boards of directors on matters of fund governance. Philip routinely represents clients’ interests in interactions with staff of the SEC.
Philip also has nearly 15 years experience in complex commercial litigation, and has represented clients in matters involving contractual disputes, intellectual property, products liability and labor and employment.
- Structuring and developing fund registration statements, board materials, proxy statements, exemptive applications and compliance procedures for mutual funds, closed-end funds and exchange traded funds.
- Working closely with portfolio management and distribution teams on all aspects of an investment product during its life cycle.
- Assisting advisers in the preparation of 15(c) materials for mutual fund clients
- Representing boards of directors and advisers in reorganizations, mergers, acquisitions and other business combinations of investment companies, including negotiating and drafting plans of reorganization, tax opinions and related due diligence and closing documents.
- Obtaining directed verdict in favor of Fortune 100 company's award of state contract worth approximately $900 million annually, and defeating challenge by two other losing bidders which was affirmed on appeal.
- Obtaining jury verdict for international bank in a $10.3 million breach of contract claim concerning the banks role as servicer of four large pools of automobile loans totaling $500 million.
- Successfully arguing certified question of state law before Ohio Supreme Court.
- Winning reversal of summary judgment in Twelfth District Court of Appeals to hold individual shareholders accountable for debt of limited liability company.
- Successfully defending a prestigious health care facility from allegations that it violated the Family & Medical Leave Act.
- Winning summary judgment in federal court on claims of breach of express and implied warranties, product liability and negligent design, on behalf of an agricultural equipment manufacturer.
- Defeating negligence, negligent misrepresentation, intentional infliction of emotional distress claims, and sexual, gender, and national origin harassment claims brought by former employees against a military intelligence support government contractor in federal and state courts.
- Ongoing representation of large and small businesses in contested statewide electric rate cases and applications for special arrangements related to renewable energy standards before the Public Utilities Commission of Ohio.
- Representing small businesses impacted by proposed wind turbine farms before the Ohio Power Siting Board.
- Assisting team in defeating class certification in defense of a global package and freight carrier from proposed nationwide breach of contract class action lawsuit.
- Ongoing representation of a prominent motor carrier in a patent infringement law suit after successful consolidation of individual actions into a multi-district litigation for pretrial proceedings.
- Assisting team in successful $35 million settlement on behalf of a pharmaceutical client in multi-jurisdictional litigation based on claims for misappropriation of trade secrets, breach of contract and fraud.
- Representing public and private entities in Native American land claims and related litigation, resulting in important U.S. Supreme Court and Second Circuit precedents on the availability of equitable defenses in Native American land claim law.
- Representing a generic drug manufacturer in various state Attorney General suits asserting common law fraud claims, consumer protection claims and alleging violations of RICO and the false claims act.
- Defending a syndicate of lending bankers alleging fraudulent conveyance and breach of fiduciary duty in connection with an insurance company's emergence from bankruptcy.
- Representing an agent bank in an adversarial proceeding arising from the bankruptcy of a large cable company.
- Assisting team in defending an international bank in securities litigation and related lawsuits in connection with the Enron bankruptcy.
- Obtaining dismissal of contract, fiduciary duty, negligence and tort claims brought by participants of a U.S. visa program against the program administrator.
- “SEC Adopts New Rule for Fund of Funds Arrangements,” Thompson Hine Investment Management Update, October 2020
- “2 Investment Advice Rulings Offer Lessons On Insider Liability,” Law 360, July 2020
- “SEC Temporarily Exempts Open-End Funds from Some Short-Term Funding Requirements,” Thompson Hine COVID-19 Update, March 2020
- "SEC Seeks Comment on Amending 'Names Rule' to Eliminate Misleading Fund Names," Thompson Hine Investment Management Update, March 2020
- “Advisory Firm Fined $15 Million for Improper Fees on Inactive Accounts and Failure to Disclose Conflict of Interest,” Thompson Hine Investment Management Update, September 2019
- “SEC Adopts Regulation Best Interest and Other Measures for Broker-Dealers and Investment Advisers,” Thompson Hine Investment Management Update, June 2019
- “SEC Proposes New Rule for Fund of Funds Arrangements,” Thompson Hine Investment Management Update, January 2019
- “SEC Suspends Pending Administrative Proceedings in Wake of Lucia Decision,” Thompson Hine Investment Management Update, July 2018
- “SEC Proposals Promote Distribution of Research on Investment Funds,” Thompson Hine Investment Management Update, June 2018
- “SEC Proposes Changes to Liquidity Risk Disclosures,” Thompson Hine Investment Management Update, March 2018
- “OCIE Announces 2018 Examination Priorities,” Thompson Hine Investment Management Update, March 2018
- “Most Common Advertising Rule Compliance Issues Raised in OCIE Deficiency Letters,” Thompson Hine Investment Management Update, October 2017
- “Advisers Must Offer Investors the Lowest-Fee Share Class Available,” Thompson Hine Investment Management Update, September 2017
- “Supreme Court Ruling Limits SEC Disgorgement Recoveries,” Thompson Hine Investment Management Update, June 2017
- “Federal Court Upholds Attorney-Client Privilege in Discovery Dispute,” Thompson Hine Investment Management Update, May 2017
- “OCIE Identifies Five Most Common Adviser Compliance Deficiencies,” Thompson Hine Investment Management Update, February 2017
- “SEC Guidance for Funds Offering Sales Load Variations and New Share Classes,” Thompson Hine Investment Management Update, January 2017
- “Federal Court Permits Fiduciary Exception to Attorney-Client Privilege,” Thompson Hine Investment Management Update, December 2016
- Selected for inclusion in Forty Under 40, Columbus Business First, 2013
- Recipient of the 2014 Ohio Diversity Council’s Multicultural Leadership Award
- Recipient of the 2013 Leadership Columbus Walk the Talk Award
- Selected as an Ohio Super Lawyer by Ohio Super Lawyers, 2017-2020
- Selected as an Ohio Rising Star by Ohio Super Lawyers, 2012-2016
- Selected as Top Lawyer by Columbus CEO, 2015
- Recipient of the 2005 inMotion, Inc. Commitment to Justice Award
- Ohio State Bar Association
- Columbus Bar Association
- Leadership Council on Legal Diversity Fellows Program, Class of 2021
- Asian and Pacific American Bar Association of Central Ohio, Board Member
- Ohio Business Week Foundation, Board of Trustees (2015-2020), Secretary (2018-2020)
- Ohio State Bar Foundation, Fellow
- Ohio State Bar Association Leadership Academy, Class of 2013
- Leadership Columbus, Class of 2012
July 09, 2020