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+1 (212) 408-5487
thall@chadbourne.com
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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 35 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 2009 Guide to America's Leading Litigators ranks Mr. Hall as among the 75 leading commercial 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 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 has 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.
- 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.
- 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
Mr. Hall is cited in Benchmark Litigation (2009), New York Super Lawyers (2006,2007, 2008) for business litigation and in Lawdragon 3000 Leading Lawyers in America (2006).
Activities and Affiliations
- Member: New York State Bar Association; American Bar Association (Commercial and Banking Litigation Committee, International Litigation Committee); 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
Publications
Mr. Hall has served as editor of The Banking Law Journal (published by A.S. Pratt & Sons) from 1999 to the present. His other publications include:
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Banking Litigation NewsWire, November 2008
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"Commercial Division Update: TRO Applications When the Courthouse is Closed," (co-author), New York Law Journal, October 30, 2008
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"The Gavel - Commercial Litigation NewsWire ," October 2008
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"Commercial Division Update: Judicial Estoppel Use Freer as Policy Directives Change?," (co-author), New York Law Journal, August 21, 2008
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"Commercial Division Update: When Tort Claims Duplicate Contract Claims," New York Law Journal, June 30, 2008
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Banking Litigation NewsWire, November 2008
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"Commercial Division Update: TRO Applications When the Courthouse is Closed," (co-author), New York Law Journal, October 30, 2008
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"The Gavel - Commercial Litigation NewsWire ," October 2008
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"Commercial Division Update: Judicial Estoppel Use Freer as Policy Directives Change?," (co-author), New York Law Journal, August 21, 2008
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"Commercial Division Update: When Tort Claims Duplicate Contract Claims," New York Law Journal, June 30, 2008
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"The Public Policy Exception to the Enforceability of Damage Waiver Clauses," The Metropolitan Corporate Counsel, May 2008
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"States Lack Enforcement and Investigative Authority Over National Banks," (reprinted from the March 2008 issue of The Banking Law Journal), The Banking Law Journal, March 2008
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"After 'Stoneridge': Securities Liability Scheme," (co-author), New York Law Journal, February 29, 2008
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"Commonality Requirement for Class-Action Certification," (co-author), New York Law Journal, December 3, 2007
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The Gavel - Commercial Litigation NewsWire, June 2007
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"The Rights of Individual Lenders in Multi-Lender Loans to Enforce Remedies," The Banking Law Journal, May 2007
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"Defenses to Claims by Bankruptcy Trustees Against Lenders: The In Pari Delicto Defense and the Wagoner Rule," The Banking Law Journal, January 2006
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"New York's High Court Finds Lead Underwriter Can Have Fiduciary Duty to Issuer," Securities Litigation and Regulatory Enforcement NewsWire, October 2005
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"The Liability of Limited Partners for the Defaulted Loans of Their Limited Partnerships," The Banking Law Journal, July 2005
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Commercial Litigation in New York State Courts, (contributing author), Second Edition, West & NYCLA, 2005
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Business and Commercial Litigation in Federal Courts, (contributing author), Second Edition, West & ABA, 2005
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"In No Uncertain Terms: The Importance of Defining the Duties of Lead Lenders in Multi-Lender Transactions," Banking Law Journal, May 2004
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"Lender Held Liable For Construction Defects," Project Finance NewsWire, (co-author), December 2001
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"The Applicability of the Doctrine of Adequate Assurances to Real Estate Contracts," Real Estate Finance Journal, April 2001
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"Statute of Limitations on Insurance 'Malpractice'," New York Law Journal, February 28, 2001
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"Choice of Law: Beware Foreign Illegality," New York Law Journal, January 11, 2001
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"Circuit Court Reaffirms Need to Determine Validity of Agreement to Arbitrate Before Arbitration Will Be Ordered," (co-author), Mealey's International Arbitration Report, December 2000
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"Privilege and the Errant E-Mail," Journal of Proprietary Rights, April 2000
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"New York High Court Limits -- But Does Not Eliminate -- Creditors' Rights to Prejudgment Freeze of Debtors' Assets," (co-author), The Banking Law Journal, January 2000
[ more publications ]
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