Thomas J. Hall

Partner

Practice Description

Thomas Hall is co-head of Chadbourne’s commercial litigation practice. As one of the Firm’s leading trial attorneys (over 40 trials to verdict and arbitrations to award), he has extensive experience in a broad range of complex commercial litigation matters, including banking, securities, intellectual property, energy, project finance, construction, real estate, insurance, corporate governance, partnership and contract disputes. He has handled all aspects of litigation and alternative dispute resolution throughout the United States and abroad.

Benchmark's 2010 Guide to America's Leading Litigators recognizes Mr. Hall as among the 75 leading commercial litigators in the country and among the 25 leading bankruptcy litigators in the country.

Representative Matters

• Commercial Litigation: In the commercial litigation arena, Mr. Hall has handled high-profile cases involving merger and acquisition agreements, licensing arrangements, major commercial leases, shareholder and partner agreements, restrictive covenants, letters of credit, construction contracts and guarantees. In 2006, he defeated a $34 million arbitration claim brought against ORBCOMM, the owner and operator of a worldwide satellite system, by its Asian licensee for breach of contract and fraud, and obtained an award of legal fees for his client. In 2004, he obtained a defense verdict in New York federal court for the insurance broker Aon, which was accused of failing to secure requested insurance coverage for a Caribbean oil refinery that thereafter sustained hurricane damage. 
• Banking Litigation: In the creditors’ rights area, he has recovered hundreds of millions of dollars for lenders on defaulted financings, and has successfully defended financial institutions against dozens of lender liability claims. He recently achieved a substantial settlement in litigation to recover on a $75 million loan to LJM2, one of the Enron-related partnerships, which was managed by Andrew Fastow, Enron’s CFO. He is currently representing the secured lenders in the TOUSA, Inc. bankruptcy, defending fraudulent conveyance claims involving a $500 million financing.
• Energy Litigation: He has litigated extensively in the energy and project finance areas and, on behalf of one power project developer, he achieved a mid-trial settlement of $29 million, the largest settlement ever in a lawsuit against the State of New York. 
• Corporate Governance: He has defended corporate officers and directors in a variety of lawsuits, including claims for securities fraud, breach of fiduciary duty and corporate waste, and has handled coverage disputes under directors’ and officers’ (D&O) insurance policies. In 2004, he won a summary judgment for the directors of Integrated Health Services, Inc. on a $90 million D&O policy claim. More recently, he defended Richard Scrushy, former CEO of HealthSouth Corporation, in shareholder litigation seeking disgorgement of bonuses following discovery of a massive accounting fraud.
• Intellectual Property: Mr. Hall has tried several intellectual property cases to verdict, including trademark cases in the fashion industry. In the patent area, he has partnered with the Firm’s patent litigators to field formidable jury trial teams. In 2007, he prevailed at trial in New York federal court in obtaining a determination for the worldwide owner of the Gloria Vanderbilt trademarks that the GLO trademarks were associated with the Gloria Vanderbilt trademarks for purposes of a royalty agreement.

Honors

Activities and Affiliations

• Member: New York State Bar Association (Litigation and International Committees); American Bar Association (Commercial and Banking Litigation Committee, International Litigation Committee; International Law Section); International Bar Association (Litigation Section); Federal Bar Council; The Real Estate Board of New York, Inc.
• Court-appointed mediator: Commercial Division of the New York Supreme Court, 1997-present 
• Judge: National Moot Court Competition
• Board of Trustees, Somos Familia Program, Inc., a not for profit corporation providing charitable services in Mexico and elsewhere.

Publications

Mr. Hall is a regular columnist for the New York Law Journal on commercial litigation issues. He has also served as editor of The Banking Law Journal (published by A.S. Pratt & Sons) since 1999.  His other publications include:

Speeches and Events