Tom is a trial lawyer and a partner in the Minneapolis office of Dorsey & Whitney, and he serves as the co-chair of the Securities and Financial Services Litigation practice group. He represents clients who are parties to complex securities and financial related disputes as well as clients who are the subject of investigations by the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, and other regulatory agencies. Tom advises and litigates on behalf of corporations engaged in merger and acquisition activity, including fiduciary and appraisal actions, and he has served as counsel in class actions brought under the federal and state securities laws, ERISA, and state consumer protection statutes. He also represents international clients in connection with cross-border securities and Foreign Corrupt Practices Act investigations, and he conducts internal investigations on behalf of foreign and domestic clients relating to accounting, securities, and FCPA issues. Tom represents clients in strategy and litigation involving activist investors and proxy fights.
Tom's expertise includes securities fraud, insider trading, officer and director liability, minority and majority shareholder disputes, dissenters’ rights and appraisal actions, broker-dealer disputes, deceptive trade practice claims, and commercial contract disputes. Tom has a national practice in state and federal courts around the country.
Education & Admissions
Northwestern University School of Law (J.D.)
Dartmouth College (B.A.)
- Supreme Court of the United States
- U.S. District Court for the District of Colorado
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the District of Minnesota
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- Bushansky v. OneBeacon Insurance (U.S. Dist. Minn.): Lead counsel in defense of Intact Financial Corp.’s $1.7 billion purchase of OneBeacon Insurance. Forced Plaintiffs to dismiss their securities fraud claims with prejudice.
- Lusk v. Lifetime Fitness, Inc. (U.S. Dist. Minn.): Lead counsel for CEO of Lifetime Fitness in a class action alleging securities fraud. Obtained complete dismissal with prejudice.
- In re: UnitedHealth Securities Litigation (U.S. Dist. Minn): Defended UnitedHealth Group in years’ long class action alleging securities fraud in backdating options.
- In re: CTI Biopharma Securities Litigation (U.S. Dist. Wash.): Lead counsel for underwriters in Section 11 and 12 claims in connection with two public offerings.
- Adedipe v. U.S. Bank, National Association (U.S. Dist. Minn.): Counsel to U.S. Bank in defense of fiduciary claims under ERISA alleging $1.7 billion in damages for investment decisions within U.S. Bank’s pension plan. Obtained complete dismissal with prejudice.
- Alpha Venture Capital Partners v. Antria Bio, Inc. (Delaware Chancery): Lead counsel for AntriaBio in defense of derivative, fiduciary, and other shareholder claims.
- [Doe] Technologies, Inc.: Conducted internal investigation in China relating to accounting issues with a U.S. publicly traded company.
- Wyo-Ben v. Bixby (State Court Montana): Lead trial counsel in minority/majority shareholder dispute involving a bentonite mining company. Prevailed on behalf of the minority shareholders.
- Buffalo Wild Wings proxy contest: Counsel for Marcato Capital Management in its proxy contest with management of Buffalo Wild Wings.
- Northern Oil and Gas: Counsel to current Board Chairman, Bahram Akradi.
- Varela v. Land O’Lakes (Sup. Ct. Cal.): Lead counsel for Land O’Lakes in defense of securities fraud claims relating to its acquisition of Ceres, Inc. Obtained dismissal of all claims.
- Erickson v. Hutchinson Technologies: (U.S. Dist. Minn.): Counsel to TDK Corporation in defense of securities fraud claims relating to its $126 million acquisition of Hutchinson Technologies. Obtained complete dismissal with prejudice.
- Figas v. Wells Fargo & Co. et al. (U.S. Dist. Minn.): Counsel to Wells Fargo in defense of fiduciary claims alleging hundreds of millions in damages relating to investment decisions in Wells Fargo’s 401(k) Plan.
- Midas Fund v. Gammon Gold (U.S. Dist. S.D.N.Y.): Lead counsel for Gammon Gold in defense of securities fraud claims relating to a registration statement. Obtained nominal settlement and dismissal with prejudice.
- Zhong v. L&L Travel (N.Y. Supreme Court): Lead counsel for minority shareholders asserting fiduciary claims against the majority shareholders.
- Peruri v. Ameriprise Financial, Inc. (AAA Arbitration, San Francisco): Trial counsel for Ameriprise in defense of employment contract claims by a former hedge fund manager.
- Agostino v. Ameriprise Financial, Inc. (State Court Pa.): Lead counsel for Ameriprise in defense of aiding and abetting fraud and other claims.
News & Resources
Events & Speaking Engagements
Industries & Practices
- Banking & Financial Institutions
- Blockchain & Digital Assets
- Class Action Litigation
- ERISA Litigation
- Securities & Financial Services Litigation & Enforcement