Thomas J. Fleming

A tenacious and talented trial lawyer with decades of experience in commercial litigation, Thomas Fleming has achieved winning results for corporate clients on multimillion-dollar claims and has defeated eight-figure claims asserted against his clients in the state and federal courts throughout the U.S. From single-plaintiff cases to class actions, Tom’s lawsuits have spanned industries and complex issues. As lead counsel in dozens of trials and numerous appeals, Tom has favorably resolved wide-ranging complex cases through early case dismissals, at trial, on appeal, in ADR proceedings, and at the negotiating table. Tom’s experience ranges from corporate governance disputes to contests for corporate control, to cases for investment fund clients seeking to enforce their rights, and to complex real estate disputes. He has litigated many of the most significant reported cases involving proxy laws. He routinely handles capital markets cases involving complex financial instruments. In each instance, Tom learns the facts, gains an understanding of the challenges his clients face, and assesses the risks and rewards of litigation. Then he devises results-driven strategies to achieve a successful outcome. With decades of experience, he knows the courts, has a deep understanding of the laws, and has insight into the arguments that work best. Tom recently won the first case to dismiss a Section 16 short-swing profits claim on the basis of standing under the U.S. Constitution. Tom regularly practices before the Financial Industry Regulatory Authority (FINRA) and the American Arbitration Association (AAA), where he has served as an arbitrator in complex securities matters. Tom is a co-author of New York Commercial Litigation Guide, a practical, task-oriented guide to commercial litigation.