Philip Oliss has more than 20 years of civil litigation experience, including first chair trial experience in state and federal courts throughout the US. He has also argued cases in state and federal appellate courts.

Phil’s practice is focused on complex civil litigation, with an emphasis on consumer class action defense and business restructuring-related litigation.

Phil’s experience in consumer class action defense includes successfully defending Fortune 500 clients in nationwide and multistate class action litigation involving allegations of consumer fraud, false advertising and product defects. Phil’s recent experience includes defending a Korean manufacturer and US distributor of consumer electronics and appliances in various multi-state putative class actions involving alleged violations of consumer protection statutes and other claims.

Phil has also recently successfully represented a nationwide chain of bakery-cafés against allegations of false advertising.

Phil’s experience in business restructuring-related litigation includes serving as lead litigation partner for the debtors in Chapter 11 bankruptcy cases resulting in the successful reorganizations of a Florida-based homebuilder, an Arizona-based homebuilder and an Arizona-based agricultural company. In 2011, he achieved a defense verdict on behalf of a bank holding company following an advisory jury trial involving a claim of more than US$500 million by the Federal Deposit Insurance Corporation. Phil has also served as a member of litigation teams in the restructuring of a nationally recognized truck rental company, the successful reorganization of the two largest merchant power plants in the United States with US$3 billion in debt and equity interests, and the successful reorganization of an Ohio steel company. He has represented debtors and creditors in bankruptcy courts in Arizona, California, Florida, Michigan, Minnesota, Nevada, New York, Ohio and Pennsylvania.

Prior to joining Squire Patton Boggs, Phil was a judicial clerk to The Honorable Frederick N. Young of the Ohio Court of Appeals. He also has taught courses on appellate advocacy as an adjunct assistant professor of law at Case Western Reserve University.

Phil is a member of the DRI and the American Bankruptcy Institute. He also serves on the board of directors of the Cleveland Law Library Association and is the president of the board of directors of the Cleveland Public Theatre. He previously served on the Cuyahoga County Law Library Resources Board.

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  • Serving as lead counsel for the defendants in putative multi-state class action pending in the US District Court for the District of New Jersey involving allegations that icemakers in certain refrigerator models manufactured and distributed by the defendants are defective.
  • Serving as lead counsel for the defendant in putative multi-state class action pending in the US District Court for the Northern District of Illinois involving allegations that certain remote controls distributed by the defendant are defective.
  • Serving as lead counsel for the defendant in consolidated consumer class actions pending in the US District Court for the District of New Jersey involving allegations of defects in drain pumps in certain models of washing machines distributed by the defendant.
  • Served as lead counsel for the defendant in putative multi-state consumer class action filed in the US District Court for the District of New Jersey alleging that certain refrigerator models distributed by the defendant were falsely designated as compliant with federal ENERGY STAR program. Case was settled on an individual basis.
  • Served as lead counsel in defense of food distributor in a purported class action filed in the US District Court for the Northern District of Illinois relating to alleged violations of the TCPA and Illinois Consumer Fraud Act (ICFA). Case was resolved via a settlement of the class representative’s claim for a nominal amount.
  • Served as lead counsel for the defendants and successfully defeated motion to certify California class in action filed in the US District Court for the Northern District of California alleging false advertising and breach of warranty by Fortune 500 defendant-retailer in regard to sales of certain clothes dryer models.
  • Served as lead counsel for the defendants and successfully defeated motion to certify a nationwide class and a California only class of millions of consumers challenging tire warranties provided by a Fortune 500 retailer in the United States District Court for the Northern District of California, and successfully opposed appeal to Ninth Circuit.
  • Served as lead counsel for the defendant and obtained reversal by the Seventh Circuit Court of Appeals of a district court's order certifying a 29-jurisdiction class action alleging consumer fraud by a Fortune 50 retailer, and subsequently successfully moved for dismissal with prejudice of named plaintiff’s claims and obtained a nationwide injunction against future attempts to certify a class based on similar allegations.
  • Obtaining dismissal of a putative class action lawsuit in the United States District Court for the Northern District of Ohio brought by physicians against a health insurance provider challenging the insurer's claims handling and reimbursement practices.
  • Served as lead counsel defending U.S.-based manufacturer of home appliances in multiple cases alleging product defects.
  • Served as lead counsel in successful defense of a Fortune 500 manufacturer of road markers in multiple product liability cases.
  • Served as lead counsel for the defendant and achieved a defense verdict on behalf of a debtor bank holding company following an advisory jury trial involving a claim by the FDIC for more than US$500 million.
  • Served as lead counsel and obtained entry of judgment on the pleadings in favor of chapter 11 debtor in adversary proceeding involving claim to ownership of US$200 million tax refund monies.
  • Served as lead litigation partner for the debtors in the successful reorganization of an Arizona-based agricultural company with US$300 million in debt.
  • Served as the lead litigation partner for the debtors in a contested confirmation hearing resulting in the successful reorganization of a Florida-based homebuilder with claims of more than US$275 million.
  • Served as lead litigation partner for the debtors in contested confirmation hearings resulting in the successful reorganization of a Phoenix-based homebuilder with claims of more than US$200 million.
  • Obtained dismissal by the United States District Court for the Southern District of Ohio of all claims against a health insurance provider including alleged RICO violations in connection with out-of-network provider reimbursement practices.
  • Achieved a unanimous defense verdict in a jury trial in the United States District Court for the Northern District of Ohio involving a claim to a multimillion-dollar sales commission in connection with the sale of nuclear equipment.
  • Achieved a directed verdict on a US$1.5 million breach of contract claim in the United States District Court for the Northern District of Ohio and successfully defended the verdict on appeal to the United States Court of Appeals for the Sixth Circuit.
  • Achieved a judgment in favor of a public school district in the defense of a competitive bidding lawsuit at the trial level and successfully defended the judgment on appeal to the Ohio Court of Appeals.
  • Served on a trial team that was awarded the National Law Journal's Defense Win of the Month and one of the Top Defense Wins of 2001 for a unanimous defense jury verdict on a US$176 million claim in the United States District Court, Eastern District of Texas.
  • Represented a leading US manufacturer of athletic shoes and apparel in a resolution of federal trademark, e-commerce and antitrust litigation.

Education

  • University of Cincinnati, J.D., student articles chair, The University of Cincinnati Law Review, 1996
  • The Ohio State University, B.A., with honors, 1993

Admissions

  • Illinois, 2012
  • Ohio, 1996

Courts

  • U.S. Ct. of App., Ninth Circuit, 2013
  • U.S. Ct. of App., Seventh Circuit, 2007
  • U.S. Ct. of App., Sixth Circuit, 2002
  • U.S. Dist. Ct., N. Dist. of Illinois, 2012
  • U.S. Dist. Ct., N. Dist. of Ohio, 1998
  • U.S. Dist. Ct., S. Dist. of Ohio, 2005
  • U.S. Dist. Ct., W. Dist. of Pennsylvania, 2000
  • U.S. Supreme Court, 2006

Memberships and Affiliations

  • Member of the DRI
  • Member of the American Bankruptcy Institute
  • Serves on the board of directors of the Cleveland Law Library Association
  • Serves on the board of directors of the Cleveland Public Theatre
  • Served on the Cuyahoga County Law Library Resources Board
  • Listed in Ohio Super Lawyers, a distinction honoring the top lawyers in the state

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  • Co-Author, “The Law of Averages: What the Narrow Tyson Ruling Means for Class Actions,” Law360, March 23, 2016.
  • Co-Author, “Takeaways from High Court’s Campbell-Ewald Decision,” Law360, January 20, 2016.
  • Author, “Aspects of Litigation in the Restructuring World,” Bankruptcy & Financial Restructuring Law 2014: Top Lawyers on Trends and Key Strategies for the Upcoming Year (2014 ed.), February 2014.
  • Author, “Current Trends and Developments in Restructuring and Insolvency from a Litigation Perspective,” Inside the Minds: Chapter 11 Bankruptcy and Restructuring Strategies, (2013 ed.), November 2012.
  • Co-author, “Rethinking Bifurcated Discovery After Wal-Mart,” Law 360, February 29, 2012.
  • Co-author, “Presenting Bankruptcy Concepts to Juries,” The Bankruptcy Strategist, October 2011.
  • Co-author, “Questions Remain on Class Certification Relitigation,” Law 360, June 27, 2011.
  • Co-author, “CAFA and Vanishing Jurisdiction,” Law 360, April 16, 2010.
  • Author, “Preemptive Strikes in Class Action Litigation,” Law 360, January 9, 2009.
  • Author, “Beyond the Class Action Fairness Act,” Law 360, January 30, 2009.
  • Author, “The No Contact Rule: Ethical Considerations in Communicating with Former and Current Employees of an Adverse Corporation,” Cleveland Bar Journal, 2005.

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