Eli J. Kay-Oliphant
Partner
ekay-oliphant@masseygail.com
Tel: 312.379.0468

Massey & Gail LLP
50 East Washington Street
Suite 400
Chicago, IL 60602
Tel: 312.283.1590
Fax: 312.379.0467

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Eli J. Kay-Oliphant

Eli J. Kay-Oliphant graduated from Northwestern University in 2001, where he was a Hardy Debate Scholar and member of the Northwestern Debate Society. In 2005, Eli graduated from Emory University School of Law, with Honors, where he was a William Agnor Scholar and Editor-in-Chief of the Emory Law Journal. After law school, Eli clerked for the Honorable W. Eugene Davis of the Fifth Circuit Court of Appeals.

Before joining Massey & Gail LLP, Eli worked as an associate at the international law firms O’Melveny & Myers LLP in Washington, D.C., and Latham & Watkins LLP, in New York City. Eli's practice focuses on complex commercial litigation and he has experience with, among other topics, complex contractual matters, commercial fraud, sophisticated financial products such as credit default swaps, Ponzi schemes, and residential mortgage-backed securities, online financial products and transactions, and data privacy and security. Eli also has experience with government enforcement defense and internal investigations, judgement enforcement, and appellate litigation before the U.S. Supreme Court and the Federal Courts of Appeals.

Education

  • Emory University School of Law, J.D., with Honors, 2005
  • Northwestern University, B.A., 2001

Clerkship

  • The Honorable W. Eugene Davis, Fifth Circuit Court of Appeals

Admissions

  • District of Columbia
  • Illinois
  • New York
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Seventh Circuit

Publications

  • Considering Race in American Immigration Jurisprudence, 54 Emory Law Journal 681 (2005)
  • Breakdown on State Street: The Future of Business Method Patents, ABA Section on Litigation, IP Litigation Committee Newsletter (Winter 2008) (with Mark Davies)

Awards and Honors

  • Emory Law Journal Editor-in-Chief
  • Emory University School of Law Agnor Scholar
  • Emory Law School Dean’s Award for Excellence in Trial Techniques
  • Emory Law School Dean’s Award for Excellence in Contract Law
  • Emory Law School Dean’s Award for Excellence in Corporate Practice
  • Northwestern University Hardy Debate Scholar

Community Involvement

  • Chicago Debate Commission – Member of the Board of Directors
  • Art Institute of Chicago – Member of Evening Associates Board of Directors

Representative Matters

  • Defended, as first chair, Southwest Airlines Co. in a consumer class action in the United States District Court for the Northern District of Illinois. Successfully negotiated a favorable settlement as between Southwest, the class, and objectors, and then successfully defended the settlement on appeal to the Seventh Circuit Court of Appeals.
  • Represented the parents of Seth Rich in their lawsuit against Fox News and others in the Federal District Court for the Southern District of New York.
  • Represented, as first chair, a consumer-interest group, in a complex discovery dispute in the United States District Courts for the District of Columbia and the Southern District of Mississippi, related to a widely-reported case regarding internet-safety, intellectual property, and piracy issues.
  • Prosecuted, as first chair on behalf of a major financial institution, breach-of-contract and conversion claims in the United States District Court for the Northern District of Illinois. Achieved a favorable settlement on the eve of trial after winning summary judgment on defendant's liability.
  • Secured an $8MM+ arbitration award in favor a private equity firm in its breach-of-contract claim with regard to the sale of a healthcare company.
  • Represented an exclusive distributor in bet-the-company litigation against its sole manufacturer in both Illinois state court and in the United States District Courts for the Northern District of Illinois and the Southern District of New York.
  • Represented Ed O’Bannon Jr. and a class of current and former college athletes challenging the NCAA's “no-compensation” rule as an agreement in restraint of trade in violation of the Sherman Act.