Thomas P. Swigert
PEOPLE

Thomas P. Swigert

Partner
swigert.tom@dorsey.com
Minneapolis P +1 (612) 492-5677 F +1 (952) 516-5122

Overview

TOM PURSUES HIS CLIENTS' INTERESTS IN SECURITIES AND FINANCIAL SERVICES MATTERS, AND HE ENFORCES THEIR RIGHTS THROUGH LITIGATION AND AT TRIAL.
Tom is a trial lawyer and a partner in the Minneapolis office of Dorsey & Whitney. He is the co-chair of Dorsey’s Securities and Financial Services Litigation practice group which consists of 25 lawyers firmwide. Tom represents clients who are parties to complex securities and financial related disputes, including class actions involving securities fraud, mergers and acquisitions, director fiduciary liability, ERISA matters implicating securities, and state consumer protection statutes. Tom also litigates minority/majority shareholder disputes, dissenters’ rights actions, appraisal actions, proxy fights, civil insider trading actions, broker-dealer disputes, and commercial contract disputes. He conducts internal investigations on behalf of foreign and domestic clients relating to securities, accounting, fiduciary, and FCPA issues, and he represents 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 has a national practice, and he appears in state and federal courts around the country.

Education & Admissions

Northwestern University School of Law (J.D.)

Dartmouth College (B.A.)

Admissions

  • Minnesota
  • Colorado
  • Illinois
  • 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

Experience

Representative Litigation


  • In re: Apogee Enterprises, Inc. Securities Litigation (U.S. Dist. Minn.):  Obtained complete dismissal at the pleadings stage of a 10b-5 securities class action alleging false statements in connection with an acquisition.
  • Lawson v. Klondex Mines, Ltd., (U.S. Dist. Nev.):  Successfully defended against a motion for preliminary injunction and obtained complete dismissal of a Section 14(a) claim alleging misstatements in a proxy in connection with an acquisition.
  • In re: Cadus Corp. Stockholder Litigation (NY Supreme Court):  Obtained complete dismissal of claims against directors for breach of their fiduciary duties in connection with a controller going private transaction.
  • Porwal v. Ballard Power Systems, Inc. (Southern District of New York):  Obtained complete dismissal at the pleadings stage of a 10b-5 securities class action alleging false statements in connection with business dealings in China.
  • Riche v. Pappas et al. (Delaware Chancery):  Represented directors of an energy company in a shareholder class action alleging breach of fiduciary duty in connection with an acquisition.
  • 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.

Industries & Practices

  • Banking & Financial Institutions
  • Class Action Litigation
  • ERISA Litigation
  • Securities & Financial Services Litigation & Enforcement
Thomas P. Swigert