Business Litigation

Tom has substantial experience over 32 years in cases ranging from small to large lawsuits and litigation, in state and federal courts in California and North Carolina.

Tom’s approach to business disputes and litigation is to look for practical ways to resolve disputes in a manner satisfactory to his clients, rather than to proceed with costly litigation and uncertain outcome. That being said, Tom has substantial litigation and court and jury trial experience, and is fully prepared to fully try a case through judgment and appeal.

In his first 10 years of practice, Tom was primarily engaged in large and complex lawsuits. He spent several years heavily involved in defending hundreds of cases in state and federal court which were part of investment fraud litigation arising from the collapse of a high-profile investment firm. In 1992, Tom joined a defense firm and defended injury and medical cases in California trial and appellate courts. In 1994 through 1997, Tom was engaged in significant litigation matters including litigation between the world’s two largest waste disposal companies, litigation brought by independent franchise owners against Exxon Corporation raising antitrust and other unfair practice claims, and construction defect litigation. In 1997, Tom joined a practice specializing in employment cases. In December 1999, Tom established an independent practice in San Jose, California, emphasizing business litigation and employment matters.

After moving to North Carolina in 2005 and becoming a licensed North Carolina attorney in 2006, Tom’s litigation matters have included:

• Defense of two federal lawsuits brought against Asheville hotels alleging violations of the Americans with Disabilities Act (2010-2011).
• Favorable resolution of claim on behalf of owner against contractor for defective construction (June 2011).
• Resolution of contract dispute involving industrial equipment (2011).
• Favorable representation of individual accused of embezzling money from employer (2009).
• Successful defense of homeowners against claim by unlicensed contractor (2009).
• Filed and resolved a lawsuit on behalf of a member of an LLC which owned a mobile home park, in which the action sought an accounting from the other LLC member, and the dissolution of the LLC. The court ordered a temporary restraining order, a preliminary injunction and the appointment of a receiver. After the receiver sold the real property, the client was satisfied after a mediation to see the LLC dissolved.
• Resolution of a case (January 2009) without going to court on behalf of a corporate shareholder accused of wrongful conduct.
• Favorable settlement of lawsuit (filed March 2008) to enforce a mechanics lien on behalf of a local contractor.

Tom’s business litigation practice includes:

Tom's experience includes the following cases:

• Defense of two federal lawsuits brought against hotels alleging violations of the Americans with Disabilities Act (2010-2011).
• Favorable resolution of claim on behalf of owner against contractor for defective construction (June 2011).
• Resolution of contract dispute involving industrial equipment (2011).
• Favorable representation of individual accused of embezzling money from employer (2009).
• Success defense of homeowners against claim by unlicensed contractor (2009).
• Filed and resolved a lawsuit on behalf of a member of an LLC which owned a mobile home park, in which the action sought an accounting from the other LLC member, and the dissolution of the LLC. The court ordered a temporary restraining order, a preliminary injunction and the appointment of a receiver. After the receiver sold the real property, the client was satisfied after a mediation to see the LLC dissolved.
• Resolution of a case (January 2009) without going to court on behalf of a corporate shareholder accused of wrongful conduct.
• Favorable settlement of lawsuit (filed March 2008) to enforce a mechanics lien on behalf of a local contractor.

• Massive investment fraud litigation consisting of hundreds of cases in state and federal courts involving dozens of law firms in the San Francisco Bay Area in which Tom and his team defended two individuals and helped coordinate the defense effort of a number of law firms on behalf of their respective clients.
Massive investment fraud litigation consisting of hundreds of cases...in which Tom and his team helped coordinate the defense effort of several law firms on behalf of their respective clients.” -Technical Equities Litigation
• Complex antitrust litigation in state and federal court in 1994 and 1995 brought by gas station dealers against Exxon Corporation, in which Tom participated in representation of dealers with two prominent law firms.
• Complicated litigation involving the world's then two largest waste disposal companies and the City of San Jose, in which Tom participated in the intensive discovery and deposition phase of case before resolution.
• Substantial lawsuit by a cable television franchise against the manufacturer of cable television equipment.
• Construction defect case by the owner of a freezer-cooler warehouse against the architect, contractor and subcontractors for defective design and construction.
• Construction defect case involving five apartment complexes against the general contractor and dozens of subcontractors.
• Lawsuit to gain lost commissions on behalf of a commissioned sales representative successfully tried to judgment in federal court, affirmed after an appeal.
• Early resolution of a lawsuit against approximately 12 individuals accused of wrongfully competing against their employer.
• Early resolution of a lawsuit against two individuals accused by their former employer of misappropriating confidential trade secret customer information.
• Defense of an individual who allegedly embezzled substantial sums of money from customers.
• Successful representation of a party to a business purchase contract in binding arbitration
• Representation of the sellers of a business in lawsuit, resolved by mediation.
• Successful resolution after a jury trial (June '07) for a client suing on an unpaid promissory note.