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 based in Dorsey’s Minneapolis office. He also is licensed in New York, Illinois, and Colorado. Tom is a member of Dorsey’s Policy Committee, and he is the co-chair of the 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.)
- New York
- 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
- Warren v. ACOVA, et al. (Minn. Dist. Ct., Hennepin County):Obtained a $54.5 million judgment at trial in favor of a minority shareholder in a closely held corporation.
- In re: UnitedHealth Securities Litigation (U.S. Dist. Minn): Defended UnitedHealth Group in years’ long class action litigation involving allegations of options backdating.
- 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. Banks’ pension plan. Obtained complete dismissal with prejudice.
- 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.
- 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.
- 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.
- 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.
- 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.
- Bushansky v. OneBeacon Insurance (U.S. Dist. Minn.):Lead counsel in defense of Intact Financial Corps’.$1.7 billion purchase of OneBeacon Insurance. Forced Plaintiffs to dismiss their securities fraud claims with prejudice.
- 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.
- 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.
- 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 Fargos’ 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
Not so Fast in Certifying Class: Supreme Court Holds That Courts Must Consider Generality of Alleged Misstatements in Deciding Whether to Certify Securities Fraud Class
June 22, 2021
Delaware Supreme Court Orders Company To Turn Over Emails To Stockholder In Response To Books And Records Request
February 21, 2019
February 5, 2016
January 28, 2016
June 27, 2013
November 3, 2011
November 5, 2009
Events & Speaking Engagements
August 6, 2020
“Arbitration Wars: How to Win Your Employment Arbitration Case,” Dorsey & Whitney LLP Labor and Employment 2016 Conference, CLE panel presentation
March 3, 2016
Industries & Practices
- Banking & Financial Institutions
- Class Action Litigation
- Environmental, Social, Governance (ESG)
- ERISA Litigation
- Real Estate Litigation
- Securities & Financial Services Litigation & Enforcement