Philip J. Terry - Partner
Professional Focus
Civil Litigation and Trial Practice, Wine Law, Commercial Contracts, Real Estate, Corporate and Partnership Law, Banking, Construction, Intellectual Property, Business Torts, Employment, Will and Trust Disputes, Insurance Claims, and Taxation
Contact - Jeff
Phone: (707) 526-4200 x139
Fax: (707) 526-4707
Philip J. (Jeff) Terry leads CMPR’s Commercial Litigation Group. He is peer review rated AV (the highest rating possible) by Martindale-Hubbell and selected to the Northern California Super Lawyers list.
With over 30 years of extensive courtroom experience, Jeff is a problem solver dedicated to results driven litigation and committed to finding the most practical and efficient solutions for his clients.
Jeff has a successful track record litigating to verdict complex commercial, corporate, partnership, investor, real estate and banking related disputes.
Since joining CMPR in 2002, Jeff has expanded his litigation practice to issues unique to the wine and alcoholic beverage industry. Jeff has successfully pursued and defended multiple claims involving wine spoilage, cork taint, defective packaging, bottling lines, distribution contracts, alternate proprietorship agreements, issues related to vineyard management and development, grape purchase contracts and IP related disputes.
Jeff has a history of supporting local non-profit organizations including assisting several with obtaining their IRC 501(c)(3) tax exempt status. Jeff is also active with the north bay area legal community as a member of several bar associations, participating in Inns of Court, serving over 15 years as a Pro Temp settlement conference panelist with the Sonoma County Superior Court and for two years teaching real property law as an adjunct professor at Empire College of Law in Santa Rosa.
Jeff is proficient in Spanish and French.
- Board Member, Member Sonoma County Bar Association, Co-chair Real Estate Law Section
- Member, Richard M. Sangster Chapter of the American Inns of Court
- Member, San Francisco County Bar Association
- Member, Marin County Bar Association
- Bachelor of Arts, with High Honors, University of California, Berkeley, 1987
- Juris Doctor, University of California, Hastings College of the Law, 1990
- Lead trial counsel in a complex commercial case brought by a transportation company against an international distributor and local last-mile alcoholic beverage delivery company resulting in dismissal of adverse claims and favorable judgment issued in 2022 in excess of $1.2 million on cross-complaints after summary adjudication and five-week-long bench trial (live with masks) in San Francisco County.
- Represented LLC members in three-day JAMS arbitration (Zoom) in 2021 of Sonoma County buy-out and real property and business valuation dispute in Sonoma County resulting in the favorable award based on clients’ proposed appraised value of $41 million.
- Defended bank client in Sonoma County case resulting in dismissal of various lender liability claims through summary judgment and $1.6 million judgment plus an award of attorneys’ fees in favor of client after one week (Zoom) trial by JAMS judicial reference in 2020.
- Lead counsel in complex multi-party construction defect/contract dispute in Napa County and responsible for successfully negotiating confidential settlement of claims in 2020.
- Successfully negotiated settlement in 2019 of complex partition action and access dispute in Sonoma County resulting in revised access and sale of developable real property.
- Defended start-up high-tech company in Los Angeles County trade secret misappropriation case resulting in voluntary dismissal with prejudice of claims against clients by the publicly-traded plaintiff.
- Defended developers in Sonoma County case involving claims of over $6 million for alleged real estate and securities fraud. After a two-month trial, the jury returned a complete defense verdict in favor of the clients.
- Represented wine producer in Napa County case with claims arising from wine oxidation resulting in the recovery of $1.4 million in settlement funds from third-party and first-party insurance.
- Represented employees in Sonoma County whistleblower action resulting in a jury verdict of general damages in favor of clients as well as a finding of fraud against corporate employer resulting in a $2.5 million settlement.
- Defended independent automotive dealership and principals in two Sonoma County jury trials on claims of trade secret misappropriation resulting in complete defense verdicts on behalf of all clients.
- Represented heralded winemaker in Napa County case over disputed business relationship (covered by the Wine Spectator) resulting in a jury verdict in favor of client and damages award of $250,000.
- Represented multiple wineries in multiple Federal District Court and State Court matters (US Federal District Court for the Northern District, Sonoma County, and Napa County), pursuing claims of cork taint resulting in over $3.8 Million in settlements.
- Defended winemaker accused of negligence causing the loss of approximately $200,000 in fine wine resulting in settlement valued at pennies on the dollar.
- Represented wine producer in litigation over wine taint arising from contract facility’s negligence resulting in significant recovery through settlement.
- Defended winemaker in bench trial in Napa County over claims of fraud and breach of contract alleged by winery resulting in plaintiff winery dismissing claims against winemaker client after only one day of trial.
- Represented party pursuing claims in Federal District Court against winery in copyright case resulting in jury verdict of infringement and damages.
- Obtained $800,000 fraud judgment in bankruptcy court on claim of investment advisor fraud.
- Defended corporate trademark owner in cancellation proceeding before USPTO and Federal District Court resulting in favorable settlement and dismissal of cancellation claims after repeated successful rulings on 12(b) motions.
- Represented Federal employee in EEOC disability claim resulting in settlement in excess of $500,000.
- Represented vineyard owner in Sonoma County action against developer for fraud and breach of contract resulting in favorable jury verdict.
- Represented winery and winegrower in Tax Court trial in San Francisco resulting in favorable rulings on disputes related to depreciation of vineyard trellising.
- Represented farmworker in Sonoma County claim of sexual harassment resulting in favorable jury verdict and award of attorney’s fees exceeding $500,000.
- Represented property owner in easement dispute with adjoining property owner resulting in complete vindication for client after bench trial in Mendocino County.
- Represented state employee in whistleblower case in Federal District Court, second chaired trial resulting in a favorable verdict with an award in excess of $500,000.
- Represented former airline pilot in personal injury case arising from hotel negligence resulting in $500,000 settlement.
- Successful summary judgment motion for bank client in commercial lending dispute resulting in settlement and resolution of bank’s outstanding claims.
- Participated in complex multiparty litigation over student loan trustee obligations and liability claims.
- Real Property Update, Continuing Legal Education Seminar June 2021, presented at the Sonoma County Bar Association.
- Real Property Update, Continuing Legal Education Seminar March 2020, presented at the Sonoma County Bar Association.
- Real Property Update, Continuing Legal Education Seminar March 2019, presented at the Sonoma County Bar Association.
- Real Property Update, Continuing Legal Education Seminar March 2018, presented at the Sonoma County Bar Association.
- Real Property Update, Continuing Legal Education Seminar March 2017, presented at the Sonoma County Bar Association.
- Document Presentation at Trial, Continuing Legal Education Seminar May 2013, presented at the Sonoma County Bar Association.
- Real Property Update, Continuing Legal Education Seminar May 2012, presented at the Sonoma County Bar Association.
- Civil Litigation and Trial Update: 2011 Year in Review, Continuing Legal Education Seminar February 2012, presented at the Sonoma County Bar Association.
- Real Property Update, Continuing Legal Education Seminar May 2011, presented at the Sonoma County Bar Association.
- Real Property Update, Continuing Legal Education Seminar March 2010, presented at the Sonoma County Bar Association.