Philip Khinda is a leading litigator and adviser to public companies, corporate boards, special committees, and financial institutions dealing with corporate crises, shareholder and derivative litigation, and government and internal investigations. His leadership of the CalPERS Special Review, its fee recovery of more than $200 million for the nation's largest state pension fund, and its public report on pay-to-play and public corruption issues are notable representative efforts. He has also successfully represented clients in many of the most significant securities matters over the last 25 years, including investigations and litigation involving Rite Aid, Enron, Adelphia, Global Crossing, Time Warner, Yahoo!, UBS, Credit Suisse, State Street Bank, Wells Fargo, and JPMorgan, among others, appearing before US and international securities regulators and prosecutors on their behalf. While Phil has served as successor and settlement counsel for a variety of clients, no corporation or individual that he has represented from the outset of an investigation has ever been sued by the SEC or indicted.
Internal Investigations and Governance Matters. In addition to CalPERS, Phil's other investigative engagements include his service as special counsel to the board of the Bank One funds (now JPMorgan), whose investment adviser was named in the New York Attorney General's first mutual fund market timing complaint, and the board of the AmSouth Funds, whose adviser was "Adviser A" in the SEC's landmark action against BISYS Fund Services and others for mutual fund marketing kickbacks. The vast majority of his other special counsel and board engagements remain, by their nature, confidential. However, his work on two matters, later made public, is now reflected in two business school case studies ("Doing the Right Thing" on the Bank One market timing matter, and a Columbia Business School case study on CalPERS).
White-Collar and Regulatory Defense. Phil regularly defends public companies and institutions, officers and directors, regulated entities, and others in matters before the SEC, federal and state prosecutors, and other regulatory authorities. He is well-known for the many government investigations and inquiries he has resolved for clients without any charges ever being filed, or any public disclosure of the government's interest ever being made. Those clients include a broad group of private equity firms, hedge funds, public companies, corporate executives, and public figures.
Diversity of Experience. Earlier in his career, Phil served with the SEC's Division of Enforcement and, earlier still, with Morgan Stanley & Company in New York. For the last 20 years, Phil has served as an adjunct professor of law at Georgetown University, and published and taught on financial reporting and accounting, corporate governance, crisis management, securities regulation, and SEC enforcement matters. He is a frequent public speaker on these topics, and his work and legal commentary have been covered widely by the press, including The Wall Street Journal, The New York Times, Financial Times, The Washington Post, the Los Angeles Times, the San Francisco Chronicle, Reuters, CNBC, and Bloomberg, among others. He also advises domestic and overseas entities and individuals on emerging securities law issues, including those involving digital currencies and blockchain technology.
Phil also actively supports Steptoe's pro bono program. As publicly reported, he led a team of lawyers that investigated allegations of a "fight club" instigated by counselors at a summer camp jointly run by the Boys & Girls Clubs of Greater Washington and the Washington Metropolitan Police Department. He also represented and protected the victim in high-profile date rape proceedings at a prominent university, and prevented a woman raising several of her grandchildren from being evicted from public housing following claims, later dropped, that drug crimes were being committed by others in her unit.
Born in New York to parents of Indian and Swiss descent, Phil is a member of the firm’s Multicultural Attorneys Group and a member of its Diversity Committee. He is also a member of the DC Bar's Global Legal Practice Task Force, and a former member of the Board of Trustees of the SEC Historical Society.
Phil is co-head of the firm’s SEC enforcement practice, and leads Steptoe’s corporate governance and crisis management practices. He also serves as vice chair of the ABA’s Corporate Governance Committee, and as chair of its Ethics and Investigations Subcommittee. Securities Docket has named him to each of its “Enforcement 40" lists, its compilation of the 40 leading securities enforcement defense attorneys in the country. He is also a fellow in the American College of Governance Counsel. Phil splits his time between the firm's New York and Washington offices.
- District of Columbia
- New York
- J.D., Columbia Law School, 1992
- B.A., Columbia College, 1986
Areas of Practice
"Silicon Valley Spotlight: Regulation, Enforcement and Prosecution Trends," Securities Enforcement Forum West 2018, May 10, 2018
"The Role of the Legal Team in Crisis Management," 2017 Joint Meeting of the American Bankers Association's General Counsel Groups, Washington, DC, November 10, 2017
"Managing a True Corporate Crisis/Major Internal Investigation," 2017 Securities Enforcement Forum, October 26, 2017
"Managing Financial Firm Data Breaches," Incident Response Forum, April 4, 2017
News & Publications
April 23, 2018
October 27, 2017
April 24, 2017
October 28, 2016
April 21, 2016
November 24, 2015
October 13, 2015
April 22, 2015
April 16, 2015
- Super Lawyers, Washington, DC, Securities Litigation (2015-2018)
- Fellow, American College of Governance Counsel
- Securities Docket, “Enforcement 40”
- Senior Counsel, US Securities & Exchange Commission, Division of Enforcement (1992-1996)
- Analyst and Associate, Morgan Stanley (1987-1989)
- Vice Chair, Corporate Governance Committee, American Bar Association
- Chair, Ethics and Investigations Subcommittee, Corporate Governance Committee, American Bar Association
- Member, DC Bar Global Practice Task Force
- Former Member, Board of Trustees, SEC Historical Society