Tom is a creative problem-solver and relentless advocate for his clients in the defense of high-profile, complex business disputes and tort litigation of all types, including class actions and other aggregate litigation throughout the United States. He has represented clients in an array of class action cases, including matters involving construction and building materials, automobiles, pharmaceutical off-labeling/third-party payors, ERISA, RICO, food and beverage labeling, various consumer products and contracts.
Tom has also been national coordinating counsel in significant toxic tort, mass tort and other complex litigations, many of which have involved parallel government and/or regulatory investigations. Tom has played a lead role at trials in state and federal court and has argued appeals. He regularly provides strategic counseling and risk management advice to clients especially regarding product-related risks, deal-related due diligence, and is experienced in different stages of corporate crisis management.
Life sciences and health care are a significant aspect of Tom's practice. He has worked with clients operating throughout the health care supply chain, including manufacturers (pharmaceutical, medical device, food and beverage and agribusiness), pharmacies, PBMs, and health insurers on matters ranging from product liability cases to class actions and false claims act litigation. Tom was recognized as an LMG Life Sciences “All-Star” in 2017 and 2018. His commercial litigation experience also includes disputes regarding collaboration and development agreements, supply agreements, real estate transactions and indemnity, earn-out and other post-acquisition disputes.
Tom is a recognized thought leader in the area of complex litigation, presenting frequently on class actions and federal jurisdictional issues. He is also committed to several pro bono matters.
Before joining Shook, Tom was a partner for about a decade at a major international law firm in Philadelphia.
Health Care and Life Sciences
- Represented a health care insurer in a putative class action alleging violations of Florida prompt pay statute.
- Represented health care insurer in a several actions alleging under-reimbursement.
- Represented a health care insurer in a class action involving ERISA and allegations of consumer fraud related to application of deductible and co-pays. After succeeding on a motion to compel the plaintiff to arbitrate the dispute, the parties reached a favorable settlement.
- 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. Following intense discovery designed to highlight the individualized nature of the transactions at issue, the parties settled on a non-class basis.
- 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 manufacturer in numerous personal injury matters alleging design defects in pacemakers and insulin pumps.
- Represented a food supplement manufacturer in Delaware federal court in a putative class action alleging improper and deceptive labeling of food products and personal injury claims. Achieved dismissal of the class allegations after filing a motion to strike.
- Represented a dietary supplement manufacturer in a multi-party breach of contract action alleging breach of indemnities related to the alleged presence of gluten in a mushroom supplement that led to allergic reactions by consumers. Following litigation and extensive settlement discussions, the matter settled favorably.
- Represented a vitamin company, as a plaintiff, against a manufacturer for using dairy allergens in a vitamin supplement in violation of the client's formula. Achieved a significant settlement that compensated client for lost business and costs of recall.
- Represented 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.
- Advised pharmaceutical company relating to litigation risk associated with REMS agreement.
- Resolved numerous dietary supplement and food labeling lawsuits before litigation.
Toxic Tort and Exposure
- Represented a food flavoring company in serial toxic tort litigation across the country involving allegations of personal injury from diacetyl exposure, serving on a team as lead national coordinating counsel, developing the company's defense strategy, defending the company at trials and helping negotiate a global settlement of hundreds of claims.
- Represented a drywall manufacturer in personal injury cases and putative national class action in federal court in Florida related to health risks and property damage from alleged Chinese drywall.
- Represented a major airline in a personal injury action involving allegations of benzene exposure.
- Represented an industrial and consumer product manufacturer in an action in Pennsylvania federal court alleging environmental contamination and breach of environmental indemnity provisions related to a contract for the sale of a business.
- Represented a manufacturer of electrical components in an action involving alleged exposures to mercury, beryllium, arsenic, PCB compounds and other chemicals.
- Represented a chemical manufacturer in New York federal court in a matter related to environmental indemnity obligations.
Business Litigation (Post-Acquisition, Collaboration Agreements, Real Estate)
- 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 mortgage services company in Florida state court alleging breach of loan agreement.
- Represented a major financial institution in Massachusetts federal court in a class action involving mortgage application and foreclosure processes during the nationwide financial crisis. The parties reached a nationwide settlement of the case.
- Represented a major financial institution in a putative class action involving alleged violations of the Fair Credit Reporting Act. After the court granted the company's motion to dismiss with prejudice, the plaintiff decided not to appeal the decision and dropped the case.
- Represented a national real estate investment firm in a putative consumer fraud class action by tenants.
- Represented a luxury golf resort developer in a matter involving alleged zoning and land use violations in Hawaii.
- 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 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 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.
Force Majeure and Hardship in Commercial Contracts: Cross-border and Comparative Perspectives, Webinar, British Institute of International and Comparative Law, April 8, 2020.
Force Majeure and COVID-19: Potential Business Implications, Webinar, Shook, Hardy & Bacon, March 25, 2020 (with Bill Martucci and Lynn Murray).
Class Action Law—Update, Update of the Law CLE, Kansas City, Missouri, June 13, 2019 (with Ruth Anne French-Hodson and Andrew Trask).
Examining New Class Action Activity in the Managed Care Space, ACI 10th Annual Managed Care Event, Chicago, May 16, 2019.
Class Action Litigation Update—Highlighting Recent Substantive Trends and Rule 23 Procedural and Doctrinal Developments, FoodBev Exchange Conference, October 17, 2018 (with Jim Muehlberger).
Is COVID-19 an Excuse for Your Performance?, COVID-19 Client Primer, Shook, Hardy & Bacon, March 2020.