Tom represents clients throughout the United States in complex commercial, product and aggregate litigation, such as class actions or state attorney general cases. He has defended numerous class actions involving product-related matters, consumer fraud, RICO and data privacy class actions. He also has acted as national coordinating counsel in mass tort and product liability actions and complex litigation. 

Tom focuses much of his practice on life sciences and health care, and has represented companies in civil litigation, including matters involving fraud allegations related to state and federal health care programs, false claims act statutes, violations of consumer fraud statutes, and state actions–many of which involved parallel criminal and regulatory investigations. 

In addition, his practice includes commercial and business litigation, including disputes regarding collaboration and development agreements, real estate transactions, and indemnity, earn-out and other post-acquisition disputes. He also handles legal ethics and professional responsibility matters. 

Tom has led several trial teams in “bet-the-company” and other high-profile, high-stakes litigation, and is an experienced appellate attorney. He frequently writes and lectures on complex litigation issues such as class action, product liability and federal jurisdiction. 


Representative Matters

Life Sciences

  • Represented a food manufacturer in Delaware federal court in a putative class action alleging improper and deceptive labeling of food products and personal injury claims.
  • Represented a dietary supplement manufacturer in a breach of contract action alleging breach of indemnities related to alleged gluten in a mushroom supplement.
  • Represented a vitamin company against a manufacturer for using dairy allergens in a vitamin supplement.
  • Represented a food flavoring company in serial toxic tort litigation involving allegations of personal injury, serving as lead national coordinating counsel, developing the company’s defense strategy and defending the company at trials.
  • Represented a nationwide pharmacy chain in a consumer fraud class action in New York federal court that alleged violations of state consumer protection laws related to a prescription drug benefit program.
  • Represented a life sciences company in New Jersey state court in a case involving allegations of breach of a brokerage services agreement for the sale of an ongoing “finish and fill” facility.
  • Represented a Fortune 25 life sciences company in a qui tam case in Massachusetts federal court involving allegations of False Claims Act and Anti-Kickback Act violations.
  • Represented pharmaceutical manufacturer against nationwide state attorneys general cases alleging deceptive marketing and violations of state false claims act related to an antipsychotic drug.
  • Represented a medical device company in numerous personal injury matters alleging design defects in pacemakers and insulin pumps.
  • Represented a foreign pharmaceutical manufacturer relating to a breach of a collaboration agreement.
  • Provided strategic litigation risk counseling to several pharmaceutical manufacturers and medical device companies related to collaboration and development agreements.
  • Provided due diligence support and litigation risk analysis related to life sciences transactions.

Post-Acquisition Disputes

  • Represented an industrial and consumer product manufacturer in an action in Pennsylvania federal court alleging breach of environmental indemnity provisions related to a contract for the sale of a business.
  • Represented a mortgage services company in Maryland state court in a matter involving trade secret dispute and indemnity obligations in a merger agreement.
  • Represented a chemical manufacturer in New York federal court in a matter related to indemnity obligations.

Financial Services and Insurance

  • Represented a mortgage services company in Florida state court alleging breach of loan agreement.
  • Represented a health care insurer in a class action involving ERISA and allegations of consumer fraud related to application of deductible and copays.
  • Represented a major financial institution in Massachusetts federal court in a class action involving mortgage application and foreclosure processes.
  • Represented major financial institution in putative class action involving alleged violations of the Fair Credit Reporting Act.

Real Estate

  • Represented national real estate investment firm in a putative consumer fraud class action by tenants.
  • Represented luxury golf resort developer in a matter involving alleged zoning and land use violations in Hawaii.

Design and Construction

  • Represented a nationwide condominium developer in several prelitigation mediations and putative class actions involving allegations of fraudulent disclosures regarding building conditions and alleged construction defects in several Philadelphia properties.
  • Represented a gas piping manufacturer in several fraud and product liability class actions in courts nationwide that alleged defective piping product in commercial and residential structures.
  • Represented a drywall manufacturer in a national class action related to health risks and property damage.

Retail

  • Represented several national retailers in Massachusetts state and federal courts against putative class actions alleging violations of state consumer protection law related to privacy violations in the collection of zip codes at point-of-sale.
  • Provided litigation risk counseling to a nationwide retailer related to class actions involving pricing.