Tom is a member of the firm’s Securities Litigation and Business Litigation practice groups. His practice focuses on corporate and securities litigation, including cases involving allegations of fraud, breach of fiduciary duty, and a variety of other business torts. He regularly represents companies and management in disputes arising from mergers and acquisitions, securities offerings, and financing transactions. He also counsels clients on corporate governance and related issues. Tom has additional experience representing court appointed receivers in enforcement actions filed by the SEC.
Tom serves on the firm’s Information Managment team, as well as the firm’s technology committee.
Representative Experience
Won dismissal of all claims in favor of a bank, its individual officers and directors and a financial holding company in putative securities fraud class actions asserting claims under the Securities Exchange Act of 1934 (United States District Court for the Northern District of Georgia).
Obtained dismissal of securities claims and settlement of other claims on very favorable terms for a Fortune 100 home improvement retailer’s former CEO and Chairman in state and federal litigation arising from the Company's stock option dating practices, return-to-vendor practices and executive compensation (United States District Court for the Northern District of Georgia; Superior Court of Fulton County, Georgia).
Obtained dismissal on behalf of officers and directors of a failed bank regarding claims asserted by shareholders.
Represented bank in highly favorable settlement of a dispute involving a “break-up” fee resulting from the failure to consummate the purchase of another entity.
Secured $12.5 million, the entire amount in escrow, for buyer asserting a post purchase price adjustment for a stock acquisition transaction.
Won dismissal of claims on behalf of consumer financial services company and certain of its officers and directors in a securities fraud class action asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 (United States District Court for the Northern District of Georgia).
Currently representing court appointed receiver in enforcement action against registered investment advisor who misappropriated hedge fund assets for personal use. Provided legal counsel on all aspects of asset recovery, claims and distribution, and addressed legal issues that arose in the management and disposition of real and personal property.
Represented court appointed receiver in action surrounding the assets of a $62 million offering concerning more than 60 real estate development partnerships. Advised receiver in taking control of business operations, human resources decisions, and possession of cash and other assets, including real property. Counseled client regarding property sales, and pursued claims against third parties in possession of offering proceeds.
Represented SEC staff member under investigation by the Office of the Inspector General for alleged ethics violations.
Secured favorable settlement for outsourcing and information technology company in multi-million dollar software development and outsourcing dispute with the State of Georgia.
Obtained favorable result on behalf of outsourcing and information technology company in custom software development arbitration against subcontractor.
Successfully defended provider of staffing software in arbitration regarding custom software development and implementation.
Publications
“A Matter of Opinion: Courts Require Section 11 and 12 Claims Based On Allegedly False or Misleading Opinions to Satisfy Rule 9(b),” (co-author), DRI Commercial Litigation Committee, The Business Suit (Sept. 2011).
“An Upside To The Downturn: Using Dura And Tellabs To Defeat Stock Drop Claims” (co-author), DRI Commercial Litigation Committee, The Business Suit (June 2009).