Thomas started his practice at the large Wall Street law firm Milbank Tweed where he focused on complex financial disputes. He joined RLR as an associate in 2001 and became a partner in 2004. He focuses his practice on complex commercial disputes in the state and federal courts of New York and New Jersey as well as various arbitral forums. He has extensive jury and bench trial experience and loves the challenge of presenting a complicated case to a judge or jury.

Thomas has special expertise handling disputes relating to “competition law” which include non-competition, non-solicitation, no-poach, confidentiality, trade secret, copyright, and trademark matters. He has particular experience with the fast-paced prosecution and defense of such matters via orders to show cause seeking temporary restraining orders, preliminary injunctions, and other forms of preliminary relief.

Thomas also has extensive experience handling employment disputes, including claims relating to workplace harassment and discrimination, as well as failures to provide workplace accommodations required under disability law. This area of practice is particularly challenging in New York City where employers are subject to overlapping and sometimes contradictory City, State, and Federal requirements.

Finally, Thomas has significant experience litigating complex construction disputes. Construction disputes frequently involve many third-party actions naming numerous contractors and subcontractors and can present complex insurance, indemnification, and subrogation issues. Knowledge of the specialized processes by which architects, engineers, prime-contractors, and sub-contractors allocate scopes of work is essential to litigating complex construction disputes that arise from large construction projects in the New York City area.

Representative Matters

• Refundo Inc. v. TaxSlayer Pro, LLC, 21-cv-17805 (D.N.J. 2021). Represented a tax service provider in dispute with TaxSlayer Pro, LLC involving allegations of breach of contract and unfair competition with respect to defendant’s termination of plaintiff’s integration into defendant’s popular tax preparation software environment. .
• Bryant, et al. v. Adex Corporation, 18-cv-01282 (S.D.N.Y 2018). Represented a national technology staffing company as defendant in a large collective action under the FLSA in which dozens of former employees alleged that the staffing company structured its expense-reimbursement practices to avoid paying required overtime. Successfully mediated the claims to reach mutually agreeable settlement approved by the Court.
• KCG Holdings, Inc. v. Khandekar, 17-cv-03533 (S.D.N.Y 2017). Represented a senior quantitative trader as defendant in a protracted and highly contentious case in which his former employer alleged that he misappropriated trade secrets, including proprietary computer trading code, for the benefit of his new employer.
• Mezinev v. Donald Smith & Co., 161367/2017 (Sup. Ct., N.Y. Co., York Co. 2017). Represented employer as defendant in a case involving a former senior employee’s claim of ethnic discrimination.
• Pacific Indemnity, et al v. AKF Engineers, LLP, 155486/2017 (Sup. Ct., N.Y. Co. 2017). Represented engineering firm AKF Engineers LLP with respect to a catastrophic flood from the penthouse “slosh tanks” at the luxury high rise 157 West 57th Street Condominium.
• Phillip Andrews, LLC v. Brooklyn Dean, LLC, 64711/16 (Sup. Ct., Westchester Co. 2016). Represented a general contractor as a plaintiff in a complex commercial construction dispute arising from contractor’s gut renovation of the Brooklyn headquarters of the prominent commercial real estate brokerage firm, Terra CRG.
• Board of Directors of Powell Cove Estates v. AVR-Powell C Dev. Corp., et al, 701228/2016 (Sup. Ct., Queens Co. 2016). Represented a large residential condominium as plaintiff in a multi-million-dollar case alleging pervasive construction defects arising from the project sponsor’s use of defective materials, including pervasive use of defective concrete.
• Key Food Stores Co-Operative, Inc. v. Uncle Gino’s Italian Gourmet Marketplace, Inc., Mon-L-1051-15 (N.J. Sup. Ct. 2015). Represented supermarket chain as plaintiff in a complex replevin action against party who wrongfully misappropriated significant amounts of commercial-grade supermarket equipment that was pledged as collateral for plaintiff’s financing.
• BOKF, N.A. v. J.P. Morgan Chase Bank, N.A., et al, 14-22503 (S.D.N.Y. Br. Ct.)( 2014). Represented a group of financial institutions as defendants in a multi-hundred million dollar inter-creditor dispute between junior and senior noteholders arising out of the bankruptcy of the large specialty chemicals company, Momentive Performance Materials, Inc. .
• Marchuk v. Faruqi & Faruqi, LLP, 13-cv-1669 (S.D.N.Y)(2013). Represented a female attorney as plaintiff in a highly publicized and extremely contentious case alleging sexual harassment and gender discrimination at a high-profile class action law firm. Case was tried to a jury in federal court and resulted in a verdict for plaintiff. .
• ACole v. Veronis Suhler Stevenson, LLC, et al, 13-cv-5627 (S.D.N.Y 2013). Represented a private equity firm as defendant in a case in which a former senior portfolio manager alleged that the firm failed to pay significant severance in violation of ERISA.
• Veronis Suhler Stevenson Holdings LLC v. Cole, et al, 654127/2013 (Sup. Ct., N.Y. Co. 2013). Represented a private equity firm as plaintiff in a case alleging that several former senior portfolio managers improperly and unfairly solicited clients and employees and misappropriated confidential information.
• ASA Ethanol Holdings, LLC v. Cargill, Inc., Case No. 13 198 Y 00301 11 (American Arb. Assoc. 2011). Represented a special purpose entity (formed by creditors who acquired assets out of the bankruptcy of ethanol manufacturer VeraSun Energy Corp.) as plaintiff in an arbitration asserting an approximate $25 million breach of contract claim arising from a series of complex purchase and sale contracts between VeraSun and Cargill.
• Gateway Care Center v. Church Healthcare, et al., Bur-L-1468-11(N.J. Sup. Ct., Burlington Co. 2011). Represented a nursing home as defendant in a multi-million-dollar case in which a competing nursing home alleged that defendant conspired with former employees to wrongfully solicit employees and patients.
• Securities and Exchange Commission v. Gryphon Holdings, Inc., 10-cv-1742 (E.D.N.Y. 2010). Represented a creditor of defendant in an SEC action to successfully intervene in the action and to petition the Court to modify an order freezing all of defendant’s assets to permit client to receive reimbursements out of defendant’s assets.
• Walter v. Wells Fargo & Company, 10-cv-7491 (S.D.N.Y 2010). Represented former executive assistant as plaintiff in one of the first reported cases alleging “conviction” status discrimination after former employer terminated employee based upon DUI conviction.
• Mishkin v. Metropolitan Funding Corp., 651624/2010 (Sup. Ct., N.Y. Co.) (2010). Represented a HUD loan originator as defendant in an action in which plaintiff claimed that defendant improperly induced plaintiff to pursue unsuitable HUD loan.
• O’Connor v. Smith & Laquercia, LLC, 08-cv-4599 (E.D.N.Y) (2008). Represented law firm as defendant in case in which former employee alleged that law firm failed to accommodate her disability. Case resulted in a federal bench trial with verdict for defendant.
• Daughters of Mary v. Zaplin, 6777-08 (N.Y. Sup. Ct. Albany Co. 2008). Represented art dealer as defendant in a highly publicized and extremely contentious case in which a convent of nuns alleged that defendant fraudulently induced convent to sell a very valuable painting to him for a fraction of its known value. Case resulted in a five week jury trial with verdict for defendant.
• Burlington Packaging, Inc. v. Extra Packaging, Inc., 08-cv-1515 (E.D.N.Y. 2008). Represented packaging company as plaintiff in an action alleging that defendant violated licensing agreement by continuously failing to pay royalties owed on defendant’s sales of specialized commercial packaging product designed by plaintiff.
• Magnoni v. Smith & Laquercia, LLC, 07-cv-9875 (S.D.N.Y 2007). Represented law firm as defendant in action by former employee alleging sexual harassment, gender discrimination and failure to pay overtime in violation of state and federal law. Case resulted in a federal bench trial with verdict for defendants.
• Wilpon v. OptimizeRx Corp., Esx-C-289-06 (N.J. Sup. Ct., Essex Co. 2006). Represented subscription drug company as judgment debtor with respect to a successful application to vacate the default judgment that plaintiff had entered against the plaintiff’s predecessor entity.
• Kamson Corp. v. Metropolitan Funding Corp., 601549/2005 (Sup. Ct., N.Y. Co. 2005). Represented HUD loan originator as defendant in an action in which borrower claimed that that defendant misrepresented and/or failed to disclose material fees, expenses and other onerous terms associated with HUD loan.
• Best v. Publicis Healthcare Comm. Group, Inc., et al, 05-cv-7375 (S.D.N.Y. 2005). Represented senior marketing executive as plaintiff in action against former employer to recover significant compensation and expense reimbursement owed with respect to his employment.
• Tenenbaum v. Forest Hills Associates, LLC, 600201/2005 (Sup. Ct., N.Y. Co. 2005). Represented former owner of large Manhattan residential building as defendant in a breach of contract action alleging that defendant failed to pay plaintiff a multi-million-dollar broker’s fee upon the closing of the $50 million sale of defendant’s property.
• Red Tulip, LLC v. Nieva, 100952/03 (N.Y.Sup. Ct., New York Co. 2003). Represented fee owner of a valuable SoHo residential building as plaintiff in a declaratory judgment action seeking to terminate the tenancy and investor rights asserted by the tenant occupying the building’s 9,000 square foot penthouse unit.
• Seward Park Housing Corp. v. Greater New York Mutual Insurance Company, 600059/01 (Sup. Ct., N.Y. Co. 2001). Represented large residential co-op as plaintiff in a $20 million breach of contract action against the co-op’s property insurance carrier due to carrier’s refusal to provide coverage relating to the catastrophic collapse of the co-op’s underground parking garage. Case resulted in a five week jury trial with verdict for plaintiff.
• Findlay v. Zaplin-Lambert Gallery, Inc., 603118/01 (Sup. Ct., N.Y. 2001). Represented art gallery as defendant in case alleging breach of contract and breach of warranty with respect to the sale of a valuable painting that was later believed to be counterfeit.
• Aiena v. Olsen, 97-cv-8713 (S.D.N.Y 1997). Represented large group of retired executives as plaintiffs in an action asserting ERISA and common law claims based on plaintiffs’ allegation that the management of their former employer improperly induced plaintiffs to waive valuable retirement benefits in order to facilitate management’s billion dollar sale of the former employer.
• Canpartners Investments IV, LLC v. Alliance Gaming Corp., 96-cv-9788 (S.D.N.Y 1996). Represented a large casino gaming company as defendant in an action brought by several investment firm seeking to recover a multi-million-dollar break-up fee with respect to financing that plaintiffs had agreed to provide to fund a hostile takeover
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