Thomas Kelly has extensive experience representing hedge funds, private equity firms, real estate developers, tech companies, non-profits, municipalities and individuals in a broad range of complex commercial litigation matters. Tom’s practice includes cutting-edge technology matters and high-stakes commercial disputes. He brings a creative, results-driven, strategic approach to his clients’ most complicated legal problems. Tom has litigated in state and federal courts across the country and participated in confidential arbitrations on behalf of both plaintiffs and defendants.
- National Grid in an action alleging fraud and breach of contract against Wipro stemming from a failed $950 million implementation of SAP software.
- Investors in an action against Bank of America arising out of failed residential mortgage backed securities (RMBS) underwritten by Countrywide Home Loans.
- The Related Companies in a dispute related to the Hudson Yards development.
- Sugar Hill Capital Partners in litigation related to the highly publicized purchase of the former Prospect Park Residence in Brooklyn.
- MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance (now the Department of Financial Services), established a separate company for MBIA’s municipal bond insurance business. After a weeks-long evidentiary proceeding, the New York Supreme Court ruled in favor of MBIA, upholding MBIA’s restructuring. The banks agreed to drop their challenge to MBIA’s restructuring, and MBIA then received $1.7 billion in cash and a $500 million line of credit for its municipal bond insurance business.
- Muirfield Capital Management in a commercial defamation case brought against the company and its president.
- Seven foreign municipalities in a fraud and negligent misrepresentation action against subsidiaries of a national bank, concerning the sale and marketing of derivative products.