Mr. Philip D. O’Neill Jr.

Professional Experience

Philip O’Neill’s international practice ranges from general corporate work to dispute resolution. Primarily, Philip O’Neill has been engaged in litigation/arbitration as a trial attorney and arbitrator for over 30 years, with approximately equal experience in international and domestic arbitration and litigation involving complex business disputes (70%). 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, distribution, health care, life sciences, telecom, valuation and transfer pricing, as well as patent royalty and other intellectual property, technology transfer and licensing matters.

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 Experience and Training

Phil O’Neill 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, Kuala Lumpur and Hong KongArbitrationCenters. 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.

  • 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.

Training

  • College of Commercial Arbitrators, Annual Meeting, 2008, 2009
  • AAA Dealing With Delay Tactics in Arbitration, 2006
  • AAA International Arbitration Symposium, 2005
  • AAA Neutrals Conference, 2005
  • AAA Dealing with Delay Tactics in arbitration (ACE004), 2005
Professional and Other Activities

In 2007 Phil O’Neill 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 he continues to teach an “International Arbitration” course. He also teaches at Boston University School of Law, where he currently conducts an LLM seminar on “International Arbitration”, and previously taught for ten years a “National Security Law” seminar, and previously 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.

Academic Qualifications

Hamilton College, B.A., 1973
Boston College, J.D., 1977

 

 

 

 

 

 

Mr. Peter L. Michealson

Professional Experience

Principal and Attorney, Arbitrator and Mediator, Michaelson & Associates 1984-present, and General Counsel (virtual), Direct Grid Technologies LLC, Edgewood, New York Oct 2010-present; Associate Attorney, Pennie & Edmonds 1982-84; Corporate Patent Attorney (Member of Legal and Patent Staff), Bell Telephone Laboratories 1979-82; Electronics Development Engineer, Rockwell International Corporation 1977-79 and Aluminum Co. of America (Alcoa) 1976-77; Electronics Project Engineer, Control Systems Research, Inc. 1975-76.

  • Conducted intellectual property and unfair competition litigation in the U.S. courts, and inter parte and ex-parte proceedings in the USPTO involving patents and trademarks.
  • Counsel in patent infringement cases involving electronic and computer-related technology.
  • Prepared patent and trademark validity and infringement opinions.
  • Experienced in patent and trademark licensing.
  • Counseled in intellectual property, antitrust and unfair competition law.
  • Prepared and prosecuted many patent applications, both U. S. and foreign involving, e.g., complex electronic, communications and computer-related technology, and mechanical technology.
  • Served as Court-appointed expert in patent law in various litigations.
Dispute Resolution Experience and Training

Peter Michaelson arbitrated over 450 domestic and international disputes primarily: IP, IT, telecom, infrastructure, energy (oil/gas, solar), and technology-related disputes, and secondarily other commercial disputes. He handled domestic and international arbitrations under UNCITRAL, LCIA, WIPO, CPR and AAA/ICDR rules.

These arbitrations included, e.g., (a) a US contract dispute, involving an alleged breach of confidentiality, concerning a demand‑side, energy load management system with damages claimed of US $ 107 million (was sole arbitrator); (b) a US patent dispute involving a genetically-engineered pharmaceutical drug then having cumulative sales of approximately US $4 Billion; (was panel chair) and (c) a bilateral investment treaty (BIT) telecom infrastructure dispute with approximately US $ 150 Million in dispute and involving a foreign government as a party (was co-arbitrator).

Peter Michaelson has handled arbitrations on both an ad hoc and administered basis with amounts in contention reaching as much as US $400‑800 Million. Continue to serve as chair, sole arbitrator and co-arbitrator.

Mr. Michaelson mediated over 150 domestic and international disputes, including an international patent dispute concerning mechanical and electronic aeronautical technologies with approximately US $600 Million in dispute.

Rendered approximately 190 domain name arbitration decisions (20 reported by BNA, Washington DC in US Patents Quarterly (USPQ)).

Training (extensive) – principal: ICDR International Symposia in Adv. Case Management Issues, 2/2009; Advanced Mediator Training, CPR, 10/2004; Advanced Mediator Skills, Mediation and Training Alternatives in association with CEDR/London, 05/04; AAA Arbitrator II-Adv. Case Management, 10/02; AAA Arbitrator 1-Fundamentals of the Arbitration Process, 12/01; 6th Annual Int’l Summer School, Mediator Skills Training, CEDR/London, 8-9/01; Harvard Law School Program of Instruction for Lawyers: The Lawyer as Negotiator, 6/99, Adv. Mediation, 11/97, and Mediation, 6/96, and Program on Negotiation: negotiation workshops 6/93; WIPO – Workshop for Arbitrators 11/96 and Mediation of Intellectual Property Disputes training, 5/95.

Professional and Other Activities

  • Fellow and Chartered Arbitrator, Chartered Institute of Arbitrators (UK)
  • Fellow, College of Commercial Arbitrators (US)
  • Fellow, Australian Center for International Commercial Arbitration

Peter Michaelson conducted seminars, served as speaker and provided numerous presentations concerning various aspects of IP law and IP-related ADR to various legal groups, and organizations; and authored articles on various aspects of arbitration, IP-related ADR and IP Law.

Martindale-Hubbell “AV” rated attorney with Peer Review Rating of 5.0 of 5 (“Preeminent”)
AvvoRating 10.0 out of 10 (“Superb”)

Academic Qualifications

New York University School of Law, LL. M., (Trade Regulation), 1985
Duquesne University School of Law, Pittsburgh, Pennsylvania, J.D., 1979
(Senior Staff Member — Duquesne Law Review)
Carnegie-Mellon University (CMU), Pittsburgh, Pennsylvania, M.S., Electrical Engineering, 1975
Electrical Engineering & Economics, CMU, B.S., 1974