Phillip Oswald

Partner

Saratoga Springs

Phone: 518.886.1902 x440

Fax:  716.332.0336

Practice Areas

Land Conservation - Practice Area Leader

Business Litigation

Environmental

Environmental Planning and Sustainability

Insurance Defense

Project Development, Land Use & Energy

Real Estate

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About Me

From serving his country in the U.S. Marine Corps to raising his own family, dedication and loyalty have always been Phill’s guiding principles. Phill approaches every matter with a clear objective: To deliver results through disciplined preparation, strategic thinking, and unwavering advocacy. He views his clients as partners and friends, taking the time to understand what matters most to them and developing tailored strategies to achieve those goals, whether through early resolution, dispositive motion practice, or trial.

Phill represents a broad range of clients in complex civil litigation and trial practice, including not-for-profit environmental organizations, construction companies, insurance carriers, and businesses facing high-exposure litigation. His practice spans complex civil litigation, with particular strength in trial and appellate advocacy, insurance defense, and technically sophisticated cases involving engineering, environmental, and scientific issues. Phill’s trial and appellate experience began early in his career, co-chairing his first trial only two years into his practice and arguing at the New York Court of Appeals, the U.S. Court of Appeals for the Second Circuit, and the Appellate Divisions across the state.

Phill also maintains a deep focus on not-for-profit work, especially land conservation representing land trusts and nature conservancies in protecting natural resources. Whether defending multimillion-dollar claims, handling class actions, or advancing conservation goals, his work is grounded in a commitment to achieving the best possible outcome for his clients.

Credentials & Achievements

Education:

Syracuse University College of Law, J.D., magna cum laude

State University of New York at Albany, B.A.

Hudson Valley Community College, A.A.S.

Admissions:

New York State

United States Court of Appeals for the Second Circuit

United States District Court for the Northern District of New York

United States District Court for the Southern District of New York

United States District Court for the Western District of New York

United States District Court for the Eastern District of New York

Achievements:

CALI Award for Legal Research and Writing

Justinian Honorary Law Society

Order of the Coif

Upstate New York Super Lawyers, Rising Stars, 2016–2024

Professional Focus

Capabilities:

  • Trial practice, including complex trials involving high-value, catastrophic losses, multiple witnesses, and voluminous records
  • Appellate practice and advocacy in state and federal courts at all levels
  • Insurance coverage, with an emphasis on title and liability policies 
  • High-exposure personal injury and property damage claims, including construction and transportation accidents 
  • Class action litigation on both the plaintiff and defense sides through the certification and merits stages 
  • Construction and infrastructure litigation involving engineering standards, sequencing, and risk analysis 
  • Land conservation and environmental litigation, including conservation easement enforcement and property damage claims 
  • Forestry and ecological matters, including trespass and Real Property Actions and Proceedings Law (RPAPL) Section 861 claims for restoration, natural resource recovery, and timber valuation 
  • Real estate litigation ranging from boundary disputes to nuisance and property torts

Industries Served:

  • Insurance
  • Energy, Environment & Sustainability
  • Construction & Real Estate
  • Consumer Products & Retail/Hospitality
  • Agriculture & Food

Affiliations

  • Land Trust Alliance

  • New York State Bar Association, Real Property Law Section Committees for Legislation, Land Use and Environmental, and Title and Transfer

  • New York State Land Title Association

  • Saratoga PLAN, Board of Directors, Former Member

  • Saratoga Veterans and Community Housing Coalition, Board of Directors, Vice President

  • Veterans One-Stop Center of Western New York, Board of Directors, Former Member

Significant Matters

  • Multimillion-Dollar Construction Accident Case: Served as trial counsel for a large infrastructure contractor in a multimillion-dollar construction site accident case involving catastrophic injuries and complex structural engineering issues. The case required coordination of multiple expert disciplines, including structural, materials, DOT specification, and construction sequencing/human risk factors engineers. Following extensive discovery that included over 25 depositions and extensive motion practice, the matter proceeded to a multi-party apportionment trial. Through a strategic, technically focused defense, a favorable outcome was secured in an $8.25 million recovery.
  • Trial Defense of National Distributor in Catastrophic Trucking Accident Case: Defended an international produce distributor in a two-week jury trial arising from an 18-wheeler rollover accident involving catastrophic injuries, including amputation and traumatic brain injury. The case featured complex technical evidence, including mechanical engineering testimony on rollover testing conducted at a major research university and marine engineering evidence addressing international cargo handling. Secured a jury verdict finding no liability against the client and recovered $1 million in defense costs from a co-defendant.
  • Conservation Easement and Property Damage Case: Represented a leading New York land trust in complex conservation litigation involving unauthorized commercial logging and significant property damage to protected forestland. Led all aspects of litigation, including depositions, motion practice, expert coordination, and trial. The matter entailed extensive forestry and ecological evidence and principles, including forest management, invasive species, and long-term ecological restoration. Successfully secured a six-figure recovery at trial to fund a restoration project.
  • Coverage Case for National Title Insurance Carrier: Represented a national title insurance carrier in complex insurance coverage litigation involving claims for defense costs under a title policy. On appeal, successfully obtained dismissal of the complaint at the pleading stage without any discovery or trial. The appellate court held that the policy language conclusively defeated the claims as a matter of law, rendering judgment in favor of the insurer. 
  • Foodborne Illness Class Action Defense: Represented a national restaurant chain in a class action arising out of a foodborne illness outbreak involving thousands of patrons following a public health advisory. Defended against class certification through targeted discovery, depositions, and motion practice, focusing on individualized causation issues involving epidemiological evidence. Coordinated scientific and medical defenses addressing outbreak tracing, exposure pathways, and alternative sources of illness. Leveraged these defenses to negotiate a favorable resolution, settling the matter for under six figures despite the size of the alleged class.
  • Summary Judgment for Event Coordinator in Conference Injury Case: Represented an event production company in federal litigation arising from a personal injury at a large-scale professional conference. Successfully obtained summary judgment dismissing all negligence claims, with the court holding that our client owed no duty to attendees in connection with the selection or testing of rental furniture supplied by third parties. The case involved complex products liability issues and highlighted the limited scope of liability for event coordinators in large, multi-vendor events.