
Kenneth J. Philpot
Counsel
415-835-2206
kphilpot@tsklaw.com
Practice Areas
- Commercial litigation
- Securities Litigation
- Employment Litigation
- Insurance Coverage
- Professional Liability
- Intellectual Property Litigation
- Trust and Estate Litigation
Education
BA, Stanford University
JD, Stanford Law School, Phi Beta Kappa
Mr. Philpot is a career litigator with over 30 years experience handling a broad range of complex commercial disputes. His practice has generally focused on securities matters and business contracts, including representation of officers and directors of troubled companies, as well as disputes over employment issues and corporate control. He has substantial expertise in prosecuting and defending claims of corporate fraud for failed financial institutions against former insiders and in all aspects of complex business disputes between companies and individuals, including contracts, insurance coverage, professional liability, trade secret, patents and all forms of intellectual property, and fiduciary representation issues in complex probate disputes. He has extensive experience in and places great emphasis on finding creative ways to settle business disputes, including all aspects of alternative dispute resolution.
Representative Engagements
- Securities cases including representation of officers and directors of Triton Containers International, Charles Schwab, Technical Entities, Trinity Flywheel Power, TABNet, Osborne Computer and Western Community Money Center.
- Financial Institution cases including representation of the FDIC against the officers and directors of Eureka Federal Savings & Loan and the California Department of Insurance against the officers of Cal-American Insurance Company.
- Trust and Estate litigation involving representation of trust beneficiaries of the Shaklee Trusts in breach of fiduciary duty claims against attorney responsible for creating estate plan; representation of beneficiaries over claims and issues arising out of largest inland oil contamination in California caused by UNOCAL drillings near Santa Maria, California.
- Representation of majority shareholders of small family corporation in derivative action by minority shareholder seeking to reallocate $3.3 million dollar settlement proceeds and to dissolve corporation.
- Representation of manufacturing firm over stock purchase and exclusive manufacturing agreement of the company’s high technology energy storage device.
- Kona Coffee Litigation: representation of small family coffee business in series of lawsuits relating to a scheme to buy South American coffee and repackage it as Kona Coffee from Hawaii.
- Representation of selling shareholders of an internet web-hosting startup company in a dispute regarding alleged financial misrepresentations made to acquiring company.
- Representation of clients before the SEC regarding enforcement proceedings.
- Prior to joining Tufts, Stephenson & Kasper, Mr. Philpot was a partner at the law firms of Reed Smith LLP, Crosby Heafy Roach & May, and Jackson Tufts Cole & Black LLP.
Selected Publications & Presentations
- Chair, PLI Program July, 2002, "Hot Securities Litigation Issues in a Down Economy 2002: The Impact of Sudden financial Loss."
- Panelist, CEB Programs, “Conflicts of Interest and Disqualification;” “Representing Corporations and Their Directors, Officers and Shareholders;” and “Securities Litigation under the 1996 Reform Act.”
- Speaker, San Francisco Intellectual Property Section, May, 2002, "Securities Ethics and Insider Trading."
- Author, "Securities Liability Concerns of Target Defendants in a Down Economy," Practicing Law Institute (2002).
- Author, “The Black Holes in D&O Protection,” 11 Directors & Boards 22 (1987).
- Co-Author, “Judicial Review of Disputes between College Athletes and the NCAA,” 24 Stanford Law Review (1972).
Representative Clients
- Bay Alarm
- Heartspring, Inc.
- Helm Holding Corp.
- Klein Brothers International
- Charles Schwab and Company
- Rodney Strong Vineyards
- St. Jude Children’s Hospital
- Sunbeam Corporation
- Trinity Flywheel Power
- Triton Containers International
Bar Admissions
California