Lawyers

Thomas C. White is a partner in the Firm’s Litigation Group. He represents leading global companies and individuals in complex commercial litigation, including M&A litigation, international arbitration, ERISA litigation, securities class actions, products liability actions, bankruptcy litigation, and government investigations. He has represented some of the world’s leading corporations, financial institutions and industry organizations, including Goldman Sachs, Barclays, Volkswagen, DS Smith, Fiat Chrysler (now Stellantis), California Resources Corp., Cytec (now Solvay), Giants Stadium, the New York Bankers Association, The Clearing House, Popular, Swiss Re and UBS.

SELECTED REPRESENTATIONS

• The Republic of Argentina in cases pending in the Southern District of New York arising out of the Republic’s expropriation of a majority stake in YPF S.A.
   
• The Republic of Argentina in cases pending in the Southern District of New York and the High Court in London relating to the Republic’s issuance of GDP-linked securities in 2005 and 2010.
   
• Goldman Sachs in obtaining summary judgment in an ERISA class action challenging the Goldman Sachs 401(k) Plan’s offering of proprietary Goldman Sachs mutual funds.
   
• UBS and several current and former officers and employees in obtaining the dismissal of a putative ERISA “stock drop” class action. This decision was upheld on appeal.
   
• Volkswagen in obtaining the dismissal, affirmed on appeal, of a putative class action in the Northern District of California brought by individuals who purchased and then sold or leased their diesel vehicles before news of the defeat devices became public.   
   
• Barclays before the Southern District of New York, obtaining summary judgment for Barclays and the other defendants in a 1933 Act Section 11 class action arising out of Barclays April 8, 2008 offering of $2.5 billion of American Depositary Shares, Series 5.  The judgment was upheld on appeal.
   
• Fiat Chrysler (now Stellantis) as one of their lead counsel in various actions, regarding allegations of various defects, including that certain of FCA’s diesel vehicles emitted nitrogen oxides in excess of the limits imposed by U.S. law. Work has included class action litigation, opt-out litigation, securities litigation, and litigation with regulators including the EPA and the Department of Justice.
   
• Acted as trial counsel in obtaining a victory for Micro Systems Engineering, Inc. (MSEI), an affiliate of Biotronik, Inc., against Universal Instruments Corp. in a case alleging copyright, trade secret and contractual claims relating to medical devices. Following a six-day jury trial, the court granted MSEI’s motion for judgment as a matter of law, which was upheld on appeal
   
• DS Smith in M&A litigation and an accounting arbitration arising out of the sale of DS Smith’s packaging business to a private equity fund.
   
• Numerous leading corporations in confidential, post-closing purchase price disputes.
   
• Various debtors and creditors in Chapter 11 bankruptcy proceedings and related litigation.
   
• UBS and members of its supervisory board and senior management after UBS’s market capitalization declined by nearly $115 billion, following disclosures of UBS’s subprime and auction rate securities losses and its DOJ and SEC settlements relating to U.S. cross-border tax issues. Previously, the S&C team including Mr. White obtained the dismissal of all claims brought by all UBS shareholders who purchased shares on foreign exchanges, which eliminated more than 85 percent of the theoretical damages. In May 2014, the United States Court of Appeals for the Second Circuit affirmed these decisions.
   
• Giants Stadium in its claims in the Lehman bankruptcy concerning swaps used to hedge the risk of financing the new stadium. 
   
• Barclays in litigation brought by the Federal Housing Finance Agency, as conservator for Fannie Mae and Freddie Mac, concerning the purchase of RMBS by Fannie and Freddie from Barclays and other financial institutions. 
   
• Popular, Inc. and officers and directors of Popular in federal court in ERISA, shareholder derivative and securities class actions arising out of Popular’s accounting for deferred tax assets.
   
• Cytec Industries Inc. (now part of the Cytec-Solvay group) in obtaining summary judgment in connection with a dispute arising out of the $1 billion sale of Cytec’s coating resins business.
   
• The New York Bankers Association in persuading the Southern District of New York to strike down the “New York City Responsible Banking Act” under the U.S. and New York State constitutions. The RBA had sought to impose city regulation over banks in contravention of the exclusive regulatory power of the federal and state governments.