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Boston College Law School, J.D.
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Hamilton College, B.A.
- Rhode Island
- Massachusetts
- New York
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Boston Bar Association
- American Bar Association
- Fellows of the American Bar Foundation
- International Law Association
- American Society of International Law
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Philip
D.
O'Neill, Jr.
Edwards Wildman Palmer LLP
Partner
Boston
Tel 617.951.2253
Fax 888-325-9125
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Phil's international practice ranges from general corporate work to dispute resolution. He has acted as outside general counsel to a number of American and foreign clients in connection with projects in the U.S. and around the world, including joint ventures and private equity investments. Phil's international general counsel practice has involved matters/issues in as many as 45-50 countries per year. He has also represented both U.S. and foreign companies in cross-border and domestic arbitration as well as litigation matters in the U.S. and abroad for over 30 years. His experience as advocate or arbitrator includes international commercial disputes involving energy supply, joint ventures, health care, telecom, valuation and transfer pricing, as well as patent royalty and other intellectual property, technology transfer and licensing matters. He is a very experienced international arbitrator and is on panels or listed by arbitral institutions globally, including the American Arbitration Association, International Chamber of Commerce, WIPO, CPR, the London Court of International Arbitration, CIETAC and the Stockholm, Milan, Dubai, and Hong Kong Arbitration Centers. Phil is a chartered arbitrator and a fellow in both the College of Commercial Arbitrators and in England’s Chartered Institute of Arbitrators. He was previously on the American Panel of Arbitrators to resolve trade disputes under the North American Free Trade Agreement. Phil has been listed repeatedly in the International Arbitration section of The Best Lawyers in America. In 2011, he was appointed Vice Chair of the National Security Law and International Arbitration Committees of the American Bar Association's International Section.
Notable Experience
Guidance/Transactional:
- Phil provided post 9/11 guidance to the Chairman of a large Arab bank on anti-terrorist finance issues.
- He served as International Special Counsel to a NYSE listed company on joint ventures.
- He acted as International General Counsel on joint ventures and related industrial projects for Middle Eastern strategic financial partners and American technology partners.
- He served as International General Counsel to a Middle Eastern-financed offshore collective investment through special purpose corporations for U.S., European, North African and Middle Eastern investments.
Dispute Resolution:
- Phil authored a panel decision relating to a ten-figure patent/licensing royalty claim between an Asian pharmaceutical and an American biotech company.
- He was an advocate in a ten-figure energy long-term supply contract breach claim between American and African companies.
- He served as a panel chair in a nine-figure patent royalty claim between an American company and an Asian company in the telecom industry.
- Phil was a member of the panel for a nine-figure patent license dispute between American and Canadian companies over European and Latin American technology transfer.
Phil O'Neill is a partner in the litigation department. He frequently works with members of the life sciences group to craft appropriate alternative dispute resolution mechanisms in agreements. As an arbitrator he has adjudicated over a billion dollars in life science related patent license claims. He has represented both U.S. and foreign companies in cross-border and domestic arbitration as well as litigation matters in the U.S. and abroad for nearly 30 years. He is a very experienced international arbitrator and is on panels or listed by arbitral institutions globally, including the American Arbitration Association, International Chamber of Commerce, WIPO, the London Court of International Arbitration, CIETAC and the Stockholm, Milan, Dubai, and Hong Kong Arbitration Centers. Phil is a chartered arbitrator and a fellow in both the College of Commercial Arbitrators and in England’s Chartered Institute of Arbitrators. He was previously on the American Panel of Arbitrators to resolve trade disputes under the North American Free Trade Agreement. Phil has been listed repeatedly in the International Arbitration section of The Best Lawyers in America. In 2011, he was appointed Vice Chair of the National Security Law Committee of the American Bar Association's International Section, as well as to the steering group on the UN and International Institutions Committee. In addition, Phil was named Vice Chair of the International Arbitration Committee by the American Bar Association. Notable Experience Guidance/Transactional: - Phil provided post 9/11 guidance to the Chairman of a large Arab bank on anti-terrorist finance issues.
- He served as International Special Counsel to a NYSE listed company on joint ventures.
- He acted as International General Counsel on joint ventures and related industrial projects for Middle Eastern strategic financial partners and American technology partners.
- He served as International General Counsel to a Middle Eastern-financed offshore collective investment through special purpose corporations for U.S., European, North African and Middle Eastern investments.
Dispute Resolution: - Phil authored a panel decision relating to a ten-figure patent/licensing royalty claim between an Asian pharmaceutical and an American biotech company.
- He was an advocate in a ten-figure energy long-term supply contract breach claim between American and African companies.
- He served as a panel chair in a nine-figure patent royalty claim between an American company and an Asian company in the telecom industry.
- Phil was a member of the panel for a nine-figure patent license dispute between American and Canadian companies over European and Latin American technology transfer.
- More Examples...
Recent Speaking Engagements and Publications
- Phil frequently lectures and writes on private international law, arbitration and other business topics both in the United States and abroad.
- “International Arbitration: Case Studies and Materials Exploring Where Theory Meets Commercial Reality,” West Academic Publishing, 2011.
- "The Power of Arbitrators to Award Monetary Sanctions for Discovery Abuse," Chapter 21 in the Handbook on Arbitration Practice of the American Arbitration Association 251-272, Juris Publications, 2010.
- "International Arbitral Jurisdiction: When Taking Control Goes Out of Control," Chapter 6 in the Handbook on International Arbitration Practice of the American Arbitration Association 53-76, Juris Publications, 2010.
- "Verification in an Age of Insecurity: The Future of Arms Control Compliance," author, Oxford University Press, 2009.
- "National Security and the Legal Process," author, Oxford University Press, 2008.
- "Getting Involved Early and Making an Impact," co-author, Best Practices for International ADR, 2007.
- “Update: Mass. Allows Arbitrators to Award $$ Sanctions to Remedy Discovery Abuse,” author, Dispute Resolution Journal, American Arbitration Association, May-August 2006.
- “The Interpretation of Arbitration Clauses,” author, Arbitration of Complex Business Cases, MCLE 2006.
- “Arbitration Clause Checklist,” author, Arbitration of Complex Business Cases, MCLE 2006.
- "The Power of Arbitrators to Award Monetary Sanctions for Discovery Abuse," author, Dispute Resolution Journal, American Arbitration Association, November 2005-January 2006.
- "International Arbitral Jurisdiction: When Taking Control Goes Out of Control," author, Dispute Resolution Journal, American Arbitration Association, May-July 2003.
- “Trends In The Drafting Of International Commercial Arbitration Clauses,” author, Part II in Doing Business in the International Arena, Boston Bar Foundation 1998.
- "International Commercial Dispute Resolution: An Overview," author, Part II in Doing Business in the International Arena, Boston Bar Foundation, 1998. (Earlier Edition Published in 1992).
- “Is the Exceptio Non Adempleti Contractus Part of the New Lex Mercatoria,” co-author, Chapter 4 in Transnational Rules in Commercial Arbitration, ICC Publishing, Paris, 1993.
- "General Considerations Concerning the Drafting of Arbitration Clauses and Selection of Arbitrators," author, Commercial Arbitration, MCLE 1991.
- "Has Switzerland Solved its Problems as a Site for International Arbitration," author, The Arbitration Journal, 1990.
- "Legal Ways to Get out of a Contract -- Hot Topics," author, Legal Ways to Get out of a Contract -- Hot Topics, MCLE 1990.
- "Developments in ADR and Arbitration in the Resolution of Transnational Commercial Disputes," author, Current Trends in Alternative Dispute Resolution, MCLE 1990.
- "American Legal Developments in Commercial Arbitration Involving Foreign States and State Enterprises," author, Practicing Law Institute, New York, October, 1988; reprinted in VI Journal of International Arbitration, Switzerland, March, 1989.
- "Recent Developments in International Commercial Arbitration -- An American Perspective," author, IV Journal of International Arbitration 7, Switzerland, March, 1987; reprinted in 53 Arbitration 177, England, August, 1987.
- "The Development of International Law Governing the Military Use of Space," author, Chapter 7 in National Interests and the Use of Space, (Durch, Ed.), Cambridge, Massachusetts, Ballinger Press, August, 1984.
- "United States Countervailing Duty Law: Renewed, Revamped and Revisited -- Trade Act of 1974," author, XVII B. C. Law Review 832, 1976.
- "FPC Summary Action in Natural Gas Pipeline Interim Curtailment Practice," author, XVII B. C. Law Review 266, 1976.
- "Legal Principles Governing Transfrontier Air Pollution," author, I B.C.J. Int'l and Comp. Law 35, 1975.
Besides Edwards Wildman
In 2007 Phil taught international business transactions at the Fletcher School of Law & Diplomacy. Phil served as Nomura lecturer in law at Harvard Law School on International Arbitration in 2005. His professorial career began at Boston College Law School in 1988, where he initially taught a seminar on "National Security Law" and has been teaching an "International Arbitration" course for over 20 years. He also teaches at Boston University School of Law, where he conducts a L.L.M. seminar on International Arbitration and previously taught a seminar on "National Security Law," from 2001 to 2009 and a L.L.M. level course entitled "American Foreign Policy and International Banking". Phil previously guest-lectured at the Harvard Law School on "International Arbitration" in the mid to late 1990s as well as 2006, and before that at Harvard Business School on venture capital.
Phil has long been active in Democratic politics, including service as National Co-Director of Lawyers for Kerry-Edwards. He has for many years advised Senators and Presidential aspirants alike on foreign and defense policy issues. For example, he served in the 2004-election campaign as a Senior Policy Advisor and Chairman of the Kerry campaign's Foreign Policy Task Force on Bilateral Relations with Arab and Islamic Nations. He also provided foreign policy guidance to Democratic Congressional candidates under the auspices of the Alliance for American Leadership. Currently he is a Senior Fellow of the Truman National Security Program. Previously he was an Adjunct Research Fellow on national security issues and associated with the John F. Kennedy School of Government's Center for Science and International Affairs from 1982 to 1988. He is a past Vice Chair of the American Bar Association's Committee on National Security Law. His prior service to the Boston Bar Association included chairing the International Section as well as its International Arbitration Committee. He is a fellow in the American Bar Foundation. Phil has been included in the New England Super Lawyers listing, a Thomson Reuters publication.
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