Philip Barilovits has extensive litigation experience in a broad range of matters. He has taken lead roles in all phases of the litigation process, from pre-suit negotiations, to motions practice (including class certification), to trial and appeal.
Mr. Barilovits has represented clients in both state and federal court and before regulatory agencies (including the United States Securities and Exchange Commission, the California Medical Board, and the International Trade Commission).
On behalf of his clients, Mr. Barilovits has on multiple occasions defeated attempts to certify class actions in a number of cases brought by experienced and formidable plaintiffs’ firms. He has won favorable appellate decisions for his clients from the United States Court of Appeals for the Ninth Circuit and from the Federal Circuit.
Mr. Barilovits earned his Bachelor of Arts degree, with high honors, from the University of California at Berkeley, in 1993. He earned his juris doctor degree, cum laude, from Harvard Law School in 1998.
Prior to joining Hinshaw & Culbertson LLP, Mr. Barilovits was an associate at Dechert LLP, and was special counsel at Severson & Werson.
Representative Matters :
- Obtained outright denial of class certification in a case litigated by a prominent plaintiff’s firm, successfully defeating a Rule 23(f) petition before the Ninth Circuit.
- Developed strategy and defense of a series of national class actions involving for large financial institutional client, defeating all attempts at class certification except upon settlement.
- Drafted appellate briefs in the U.S. Court of Appeals for the Federal Circuit, resulting in a favorable decision affirming a finding of patent invalidity.
- Briefed and successfully argued an issue of first impression in immigration law on appeal before the U.S. Court of Appeals for the Ninth Circuit.
- Served as part of patent trial teams in U.S. District Court and the International Trade Commission.
Professional Affiliations : California Bar Association
- J.D., cum laude, Harvard Law School, 1998
- A.B., with high distinction, History, University of California at Berkeley, 1993
Admissions : California
Rate : $$$