Thomas J. McCormack

Partner

Practice Description

Representative Matters

• In re Yukos Oil Company Ltd., Mr. McCormack was trial counsel to the receiver of Yukos Oil (appointed by the Russian Courts) in obtaining U.S. injunctive relief precluding Yukos’s management from selling a $1.6 billion Lithuanian oil refinery.
• In Public Utilities Commission of California v. Sellers of Long Term Contracts, Mr. McCormack was trial counsel to Allegheny Energy in successfully defeating California’s highly publicized claims to abrogate over $12 billion of electricity supply contracts.
• Mr. McCormack has represented numerous financial institutions, including Goldman Sachs, Merrill Lynch, JPMorgan Chase and ABN Amro, in a variety of litigation matters involving, among other things, failed tender offers, syndication disputes, loan defaults and "lender liability” claims.
• In Purdue Pharma L.P. v. Johnson & Johnson, Mr. McCormack was trial counsel to Purdue in seeking over $23 million in damages against Johnson & Johnson arising out of its breaches of a joint drug development and marketing agreement. The case settled favorably mid trial.
• In re Bennett Funding Group, Inc. Securities Litigation, Mr. McCormack defended a major insurance brokerage firm in a series of class action and securities fraud claims filed in the wake of the collapse of an equipment leasing company accused of selling nearly $1 billion of sham securities.
• Mr. McCormack has represented Sprint PCS in numerous litigation and regulatory matters, including the defense of class action suits seeking so-called "dropped call” damages in connection with its nationwide cell phone service network.
• In Zinc Corporation of America v. Mitsui Mining & Smelting Co., Ltd., a case arising out of a joint venture for the manufacture of battery components, Mr. McCormack obtained a judgment, after 23 days of hearings, dismissing all of ZCA’s breach of fiduciary duty claims and awarding Mitsui $15 million on its counterclaims.
• Mr. McCormack has represented numerous officers and directors of publicly traded companies in class actions and derivative suits, defending allegations of securities fraud, breaches of fiduciary duties and related claims, in state and federal courts around the country.
• In Moore Corp. Ltd. v. Wallace Computer Services, Inc., Mr. McCormack was trial counsel to Moore in a Delaware federal court action seeking to compel Wallace to accept Moore’s $1.3 billion hostile tender offer. 
• In re Estate of Daniel K. Ludwig, Mr. McCormack obtained judgment, after a two week trial that focused on DNA evidence, dismissing the paternity claims of a woman seeking to challenge the will of a decedent who had once been the wealthiest man in America. 
• In Nathan’s Famous, Inc. v. Stuart Benson, et al., Mr. McCormack pursued RICO and breach of fiduciary duty claims against certain of Nathan’s top officers after an internal investigation uncovered numerous financial irregularities. 
• In American Steel Products Corp. v. The Penn Central Corp., Mr. McCormack was trial counsel to American Steel in successfully pursuing securities fraud claims against Penn Central in a case arising out of a failed leveraged buy-out for a steel mill.

Reported Decisions

Some of the significant reported decisions in cases in which Mr. McCormack has been involved in the last several years include:

• T & E Pastorino Nursery v. Duke Energy Trading & Mktg., LLC, 123 Fed. Appx. 813 (9th Cir. 2005) (affirming the dismissal, on grounds of pre-emption and the filed rate doctrine, of several putative class action suits challenging the terms of numerous multi-billion dollar energy supply agreements). 
• Hallwood Realty Partners, L.P. v. Gotham Partners, L.P., 286 F.3d 613 (2d Cir. 2002) (in a case of first impression, holding that Section 13(d) of the Securities and Exchange Act of 1934 does not provide a money damages remedy to an issuer of securities). 
• Orthocraft, Inc. v. Sprint Spectrum L.P., 2002 WL 3160477 (E.D.N.Y., Nov. 16, 2002) (denying motion to amend complaint seeking to differentiate a new class of cell phone service subscribers from a class previously denied certification). 
• In re Estate of Hofmann, 287 A.D.2d 119, 733 N.Y.S.2d 168 (A.D. 1st Dep’t. 2001) (reversing lower court’s denial of a motion to dismiss and dismissing claims collaterally estopped by a prior litigation).
• In re Tobacco/Governmental Health Care Costs Litigation, 83 F. Supp. 2d 125, (D.D.C. 1999), aff’d, 249 F.3d 1068 (D.C. Cir. 2001), cert. denied, 534 U.S. 994 (2001) (dismissing claims made by the Republic of Guatemala for the recovery of health care costs purportedly incurred by its citizens). 
• Security Life Insurance Co. of America v. Clark, 273 Ga. 44, 535 S.E.2d 234 (2000) (reversing award of state RICO damages arising out of an insurance coverage dispute).

Honors

Activities and Affiliations

• Court-Appointed Mediator, Commercial Division, New York Supreme Court, New York County, 1997 to date
• Member: American Bar Association; International Bar Association; Federal Bar Council

Publications

Speeches and Events