Phillip Hosp headshot.

F. Phillip Hosp

Partner

Phillip (Phil) Hosp is a partner in the firm’s Business Litigation & Dispute Resolution Practice who knows how to win in a courtroom, in arbitration, or at the settlement table. Phil provides pragmatic, creative, and business driven solutions to a broad range of financial institutions in complex commercial litigation, government investigations, enforcement actions, receiverships, and bankruptcy proceedings. His clients include banks, private credit funds, investment banks, direct lenders, private credit funds, private equity funds, real estate investment trusts, and fintech companies.

Before practicing law, Phil served four years as a tank officer in the U.S. Army. He achieved the rank of captain and received the Bronze Star in one of his two tours in Iraq. Because of his education and real-world experience, Phil understands that organization, preparation, strategy, and speed are of the utmost importance to achieving results. He fights hard for clients and seeks every opportunity to win.

Throughout his career, Phil has successfully represented clients in high-stakes disputes, navigating them through challenging litigation in both state and federal courts. He has a deep understanding of the financial services landscape, which allows him to provide strategic, tailored counsel on regulatory compliance, enforcement risks, and litigation strategies. His experience includes defending clients in investigations and litigation by the Securities Exchange Commission (SEC), the Federal Trade Commission (FTC), the California Department of Financial Protection and Innovation (DFPI), and District Attorneys’ Offices throughout California.

Phil is a board member of the Los Angeles Chapter of the Association of Business Trial Lawyers. In addition to litigation, he works closely with a team of transactional attorneys and reviews compliance programs, contracts, and lending policies through the lens of a litigator. By applying his business and finance litigation experience, he anticipates and addresses possible regulatory issues and potential contractual or investment disputes.

Representative Experience

  • American National Insurance Company in SEC receivership relating to a $300 million Ponzi scheme affecting commercial properties located in San Diego.
  • Southern California Regional Center in SEC investigation relating to $50 million raised under the EB-5 Immigrant Investor Program for residential golf course development, which resulted in the SEC declining to proceed with any enforcement action.
  • Leading Property Assessed Clean Energy (PACE) lender in investigation of lending practices conducted by a Joint Task Force of District Attorneys’ Offices throughout the State of California.
  • Medalist Partners, LP, and other lenders in receivership litigation, bankruptcy actions, and foreclosure proceedings arising out of developer fraud and misappropriation of funds affecting low-income housing projects throughout California.
  • Resort owner and developer in an FTC enforcement action in which the FTC sought over $100 million in restitution and damages relating to the sale and financing of residential development located in Belize.
  • Muse Family Enterprises, and other investors, in obtaining a $21 million jury verdict relating to fraudulent financing of real estate projects throughout the country.

Selected Publications

Phil has authored publications relating to the regulation of mortgage-backed securities and credit rating agencies, which have been cited by various journals in the finance and banking industry.

  • Author, “Problematic Practices of Credit Rating Agencies: The Neglected Risks of Mortgage-Backed Securities,” Lessons from the Financial Crisis: Causes, Consequences, and Our Economic Future, John Wiley & Sons (2010)
  • Author, “Problems and Reforms in Mortgage-Backed Securities: Handicapping the Credit Rating Agencies,” Mississippi Law Journal, Vol.7, No. 4 (2010)

 Recognition

Phil has been selected for inclusion in the Southern California Super Lawyers® Rising Stars lists (2014–2020)

Affiliations

  • Board Member of Association of Business Trial Lawyers (Los Angeles Chapter)
  • Member of the American Bar Association
  • Member of the State Bar of California

Community Involvement

  • Vice Chairman, Pasadena Center Operating Company
  • Ex Officio Member, Rose Bowl Operating Company
  • Coach, San Marino National Little League (Softball)
22 February 2023 Innovative Technology Insights

Kraken Settles SEC Charge That Its SAAS Model Was an Illegal Securities Offering

On February 9, 2023, the SEC announced that Kraken had settled charges alleging that it violated securities laws by failing to register the offer and sale of its “crypto asset staking-as-a-service program.”
07 February 2023 Foley Viewpoints

The SEC and State Regulators Target Crypto Lending in Nexo Settlement

On January 26, 2022, the California Department of Financial Protection and Innovation (DFPI) announced its participation in a $22.5 million multi-state settlement with Nexo Capital Inc. (Nexo) relating to unregistered securities offerings in connection with the company’s retail crypto lending product.
28 September 2022 Foley Viewpoints

The FTC Adopts New Strategy to Obtain Monetary Relief in California after the Supreme Court’s Ruling in AMG Capital

On September 19, 2022, the FTC and the California Department of Financial Protection and Innovation filed their first joint lawsuit in California federal court against several companies, and their alleged owners, for operating an allegedly illegal mortgage relief operation.
18 June 2020 In the News

Hosp, a Southern California Rising Star Honoree, Profiled in Super Lawyers Magazine

Partner Phillip Hosp was profiled in the Super Lawyers magazine article, “Bronze Star Recipient Phillip Hosp’s path to the law went through Iraq.”
09 June 2020 Press Releases

Foley Los Angeles Attorneys Named 2020 Southern California Rising Stars

Foley & Lardner LLP announced today that three Los Angeles-based attorneys have been named 2020 Southern California Rising Stars.
30 May 2019 Press Releases

Foley Los Angeles Attorneys Named 2019 Southern California Rising Stars

Foley & Lardner LLP announced today that three Los Angeles-based attorneys have been named 2019 Southern California Rising Stars.