Nicole Phillis

Partner

Chair, Office DEI Committee (Los Angeles)

Nicole Phillis defends businesses and individuals in federal and state litigation, across the tech, media, financial services, insurance, entertainment, cannabis, and food and beverage industries. She focuses her practice on bet-the-company litigation, trade secrets and employee mobility disputes, shareholder disputes, internal and governmental litigations, consumer class actions, and complex contractual disputes. Nicole also regularly advises and counsels employer clients on high stakes on-boarding/off-boarding, confidentiality and proprietary information policies, employee mobility and restrictive covenants, remediation, and trade secret issues. Nicole also serves as co-chair of DWT's Cannabis Industry Group. Nicole also co-chairs DWT's Los Angeles Office Diversity & Inclusion Committee.

A former 9th Circuit law clerk for the Honorable Milan D. Smith Jr., Nicole has briefed unfair competition, false advertising, employee misclassification, and copyright appeals to the 9th Circuit. Nicole serves as the Diversity and Inclusion Officer for the North American Forum of the International Bar Association and the Vice President of the Board of Directors for the California Cannabis Industry Association.

In her civic and political life, Nicole is a former two-term elected official for the City of Santa Monica, where she served as a commissioner on the Santa Monica Rent Control Board from 2014-2022. In her spare time, Nicole volunteers with large and giant breed animal rescue in Los Angeles. Nicole also maintains an active pro bono practice, which she has devoted primarily to representing immigrants seeking lawful status in the United States.

Confidential arbitration

Defended art manufacturer in false advertising, unfair competition, and trade secret action brought by former retailer seeking over $10 million in damages. Obtained complete defense verdict following nine-day arbitration and award of full relief on client's counterclaims. Awarded 100% of client's costs and fees. (JAMS Arbitration 2019)

Director and officer breach of fiduciary duty and defamation action

Obtained dismissal for individual officer and director in long-running dispute with nonprofit public benefit corporation board. (2018)

False Claims Act defense for medical laboratory

Obtained summary judgment in False Claims Act qui tam action for medical laboratory in Central District of California. (C.D. Cal. 2017)

Piekoff v. Paramount Pictures Corporation*

Obtained dismissal with prejudice of putative consumer class action alleging violations of the FCRA regarding propriety of credit report disclosures. (2015)

Coleman-Anacleto v. Samsung Electronics America, Inc.*

Successfully obtained favorable settlement after defeating remand and winning motion to dismiss in consumer class action alleging claims under the UCL, CLRA, Song-Beverly Act, and for negligence and strict liability for alleged damages related to Ultra Slim Wall Mount series. (2017)

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Admitted to Practice

California, 2013
2010
U.S. Court of Appeals, 4th Circuit, 2014
U.S. Court of Appeals, 5th Circuit, 2014
U.S. Court of Appeals, 6th Circuit, 2014
U.S. Court of Appeals, 7th Circuit, 2014
U.S. Court of Appeals, 9th Circuit, 2013
U.S. Court of Appeals, 10th Circuit, 2014
U.S. District Court, Central District of California, 2013
U.S. District Court, Northern District of California, 2013

Education

J.D., Emory University School of Law, 2010
- Charles Watkins Scholar
- Order of the Coif
- Executive Articles Editor, Emory Law Journal
- Top 10% Oralist, Spring 2008 Legal Writing Competition Oral Advocacy Award
B.A., Political Science and Women's Studies, Providence College, 2007
- Valedictorian
- Forand Scholar
- Honors Thesis distinction in Political Science, focusing on comparative empirical analysis of Latin American state stability
- Liberal Arts Honors Program Certificate

Memberships & Affiliations

- Chair, Los Angeles Office Diversity & Inclusion Committee, 2023-present
- Diversity & Inclusion Officer, North American Regional Forum, International Bar Association, 2023-present
- Vice President, Board of Directors, California Cannabis Industry Association, 2021-present
- Board of Directors, Law Clerks for Diversity, 2020-present
- Vice-chair of Communications, Cannabis Section, Los Angeles County Bar Association
- Firm Representative and Committee Member (IP, HR & Insurance and Legislative), California Cannabis Industry Association, 2019
- Co-chair, Women in Cannabis, Project W, 2019
- Convener, 50th Assembly District Election Meeting (ADEM), California Democratic Party, 2017, 2019
- Delegate, California Democratic Party State Convention, 2017-present
- Commissioner (elected 2014, 2018), Former Chair, Santa Monica Rent Control Board, 2014-present
- Commissioner, Vice Chair, Former Chair (appointed), Santa Monica Commission on the Status of Women, 2013-2018
- Housing Committee Member, Santa Monicans for Renters' Rights, 2013-present

Professional Recognition

- Selected to a list of "Ones to Watch" in Commercial Litigation (Los Angeles) by Best Lawyers, 2024
- Selected to "Best LGBTQ+ Lawyers Under 40," National LGBTQ+ Bar Association, 2024

Background

- Associate, TroyGould PC, Los Angeles, 2016-2017
- Associate, Kendall Brill & Kelly LLP, Los Angeles, 2014-2016
- Associate, Munger Tolles & Olson LLP, Los Angeles, 2012-2014
- Law Clerk, Hon. Milan D. Smith, Jr., U.S. Court of Appeals, 9th Circuit, El Segundo, Calif., 2011-2012
- Associate, Summer Associate, Jones Day, Atlanta, 2009, 2010-2011
- Field Placement Extern, U.S. Securities & Exchange Commission, Atlanta, 2010