Thomas C. WhitePartner
Rankings and Recognitions
AmLaw Litigation Daily – “Litigator of the Week” (May 2019)
New York Super Lawyers – Rising Star (2012-2018)
- Represented Barclays before the U.S. District Court for 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 Second Circuit affirmed the decision on appeal in November 2017.
- 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. The Second Circuit affirmed the district court’s judgment in May 2019.
- Representing Fiat Chrysler as one of their lead counsel in various actions, including multidistrict litigation in San Francisco, regarding allegations 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, securities litigation, and litigation with regulators including the EPA and the Department of Justice.
- Represented 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.
- Represented 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.
- Represented 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.
- Represented 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.
- Represented 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.
- Represented the New York Bankers Association successfully 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.
- Represented Giants Stadium in its claims in the Lehman bankruptcy concerning swaps used to hedge the risk of financing the new stadium.