Philip O’Connell

Philip A. O’Connell specializes in litigation, particularly litigation involving insolvent insurers, reinsurance and coverage for mass tort liabilities. Phil has also represented clients in significant general commercial litigation and government contracts litigation.

Over the years, Phil has been personally involved in representing some of the world’s largest insurers, reinsurers and reinsurance pools in complex coverage, bankruptcy and insolvency proceedings. He has also represented clients in complex environmental and commercial litigation, including litigation concerning private equity investments.

• Assisting Boston-based hedge fund with response to expropriation of certain assets in the Republic of Uzbekistan.
• Representing Swiss investor in litigation concerning private equity investments in Massachusetts.
• Lead trial counsel in a six-week, Phase II coverage trial on defenses of waiver, judicial estoppel and unclean hands. Proceeded in San Francisco Superior Court.
• Lead trial counsel in a four-week Phase III trial on contractual interpretation issues. Proceeded in San Francisco Superior Court.
• Represented various insurers with respect to investigations by the Office of the Attorney General of the Commonwealth of Massachusetts concerning alleged non-compliance with various Massachusetts laws and regulations relating to the marketing, sale, issuance and administration of accident and health insurance policies and certificates.
• Represented insurers and reinsurers with regard to their claims against the SNTL Litigation Trust. Claims for in excess of US$200 million involved breaches of various reinsurance, claims handling, underwriting management and purchase agreements.
• Represented insurer in receivership for purposes of rehabilitation in a complex estimation proceeding relating to claims against bankrupt affiliates Metropolitan Mortgage and Securities Co., Inc., and Summit Securities, Inc.
• Lead trial counsel for large Midwestern energy company in a two-day AAA arbitration involving a dispute over executive compensation. Proceeded to hearing in Boston. Prevailed on all claims asserted against client.
• Representing Haitian plaintiffs in federal suit brought in the District of Massachusetts pursuant to the Torture Victim Protection Act (28 U.S.C. §1350).

Education:

• University of Chicago Law School, 1983, JD
• Wesleyan University, 1979, BA, magna cum laude, Phi Beta Kappa

Admissions and qualifications:

• California
• Massachusetts
• US Court of Appeals for the Federal Circuit
• US Court of Federal Claims
• US Supreme Court
• US Tax Court

Memberships:

• American Bar Association
• Boston Bar Association
• International Bar Association