We are traditional trial lawyers using frontline technology to achieve outstanding results in a range of commercial and civil disputes.  We bring common sense and a direct, compelling perspective to complicated disputes.  With a track record successfully representing global businesses, our client base also includes professional medical practices and law firms, mid-cap and closely-held companies, start-ups, government contractors, consulting firms, restaurants and retailers, community banks, trade associations and association executives, and advertising firms.  

Among our areas of particular strength:

We have a long track record of resolving complex business disputes of every stripe, including:

- corporate governance and derivative claims

- professional partnership terminations and withdrawals

- debtor/creditor, including bankruptcy adversary proceedings

- commercial real estate 

- asset and stock purchase transactions 

- contract breaches

- partnership battles, joint venture terminations and other "corporate divorces"

- executive employment agreements & non-competes 

- D&O liability

- tortious interference and other business torts

- trade secrets and IP ownership & licensing

- church governance and property disputes

We also are experienced in handling compliance issues and conducting related internal investigations. 

REPRESENTATIVE MATTERS: 

FDIC v. RIppy, 799 F.3d 301 (4th Cir.) (successful defense and resolution of FDIC receivership claims asserting director and officer liability for clients' commercial real estate loan underwriting and other challenged bank governance)

Tremor Video, Inc. v. Alphonso, Inc. and LG Electronics, Inc. (Sup.Ct. N.Y. Cnty.) (successful resolution of claims arising from client's termination of joint venture agreement after corporate acquisition)

Harris v. IAFTA, Inc. et al., (Va.) (successful dismissal of appeal challenging demurrer against shareholder action to overturn receivership and subsequent sale of corporate assets to client minority shareholders) 

Our consumer protection and antitrust work covers a wide range of competition-related challenges -- compliance, enforcement, and litigation.  Tom has represented trade associations, major consumer brands, financial institutions and health care providers in scores of state and federal agency enforcement, competitor and class action lawsuits.  Tom has defended merchants in FCRA, FDCPA, FACTA, CFAA, and a variety of other consumer financial protection class actions.  Paul has successfully handled dozens of antitrust and other consumer protection cases, many arising in the pharmaceutical pricing arena and some brought by state AGs.  We have a practical business perspective about how antitrust and competition laws impact operations, strategy and risk.  This perspective is informed by fluency in economics, consumer protection, intellectual property and the regulatory regimes governing a variety of domestic and international industries. 

In re Pharm. Indus. Average Wholesale Price Litig. (D.Mass.) (defended and successfully resolved agency investigations and several civil cases challenging major generic drug manufacturer's pricing practices)

FTI Consulting, Inc. v. Secretariat Advisors, LLC (N.D.Ga.) (successful resolution of client's tortious interference with business and other unfair competition claims challenging competitor's targeted recruiting practices) 

Imaging Center, Inc. v. Western Md. Health System (D.Md. and 4th Cir.)  (represented independent medical imaging facility challenging defendant's exclusionary conduct)

Represented commercial real estate developer responding to confidential investigation of antitrust issues raised by use of algorithmic revenue management software.

In re Plasma-Derivative Protein Therapies Antitrust Litig. (N.D.Ill.) (represented trade association defending putative antitrust class action alleging industry coordination and data sharing of production forecasts)  

Media and advertising law is an area of particular strength for the firm. Paul has been a leading practitioner in media law for thirty years, having spent a decade representing The National Enquirer and sports stars like John Riggins and Mike Tyson in scores of libel, privacy, and commercial appropriation cases across the country. Tom’s focus is advertising law – representing marketers and publishers in Lanham Act and other disputes involving agency enforcement and consumer class actions.

REPRESENTATIVE MATTERS: 

FTC v. Garden of Life, Inc., 845 F.Supp.2d 1328 (S.D.Fla.), aff'd 516 Fed.Appx. 852 (11th Cir.) (successful defense of FTI enforcement action challenging client's dietary supplement claims)

Nat'l Debt Relief, LLC v. Milberg Law Firm et al., (S.D.N.Y.) (dismissal of Lanham Act claims challenging client's advertisements under trademark dilution theories)

Austin-Spearman v. AARP, 119 F.Supp.3d 1 (dismissal of putative class action challenging client's website disclosures under state privacy law theories).

McNair v. Synapse Group, Inc., 672 F.3d 213 (3d Cir.) (upholding denial of class certification in action challenging client's subscription renewal practices)

Steak-N-Shake Co. v. Burger King Corp., 323 F. Supp.2d 983 (E.D.Mo.) (denial of competitor's preliminary injunction motion challenging client's advertisements under Lanham Act false advertising and tradename dilution theories)

We know the agencies - how they operate - and many of the dedicated professionals who staff them. Throughout his career at Williams & Connolly, Paul defended cases brought by financial regulators, including In re United Savings & Loan Ass’n, a regulatory action against a Houston-based financial institution that spent almost two years in trial.  Paul’s focus in that case was the valuation of large tracts of undeveloped land, and his efforts contributed to a complete defense verdict in a case where the federal government was seeking damages exceeding $900 million. Paul has also handled suits against the government to overturn unjust regulations and recover damages where the government has tried to change the rules in the middle of the game.  Today, Paul regularly represents individuals facing city council and other local government boards.  Throughout his 30-year practice in Washington, Tom has taken the lead representing clients confronting DOJ, FTC, FDIC, and state AG investigations and enforcement litigation. Several of these cases involved novel antitrust, director and officer liability, and consumer law issues.  

REPRESENTATIVE MATTERS:

FDIC v. RIppy, 799 F.3d 301 (4th Cir.) (successful defense and resolution of FDIC receivership claims asserting director and officer liability for clients' commercial real estate loan underwriting and other challenged bank governance)

FTC v. ZyCal Bioceuticals Healthcare Co., Inc. (D.Mass.) (successful resolution of agency enforcement action challenging client's dietary supplement structure-function claims)

Represented surgery practice responding to confidential DOJ investigation under False Claims Act, resulting in no action taken.  

Represented leading university researcher responding to confidential NSF investigation of alleged research misconduct, resulting in no action letter.

Represented charity responding to state attorney general investigation of alleged wage and hour violations.

FDIC v. Portnoy (M.D.Fla.) (successful resolution of FDIC receivership claims asserting director and officer liability for client's commercial real estate loan underwriting and other challenged bank governance) 

PROFESSIONALISM, ETHICS, and EMPLOYMENT LAW

We represent consulting firms and a variety of private professionals and government officials in matters involving internal governance, professional liability, employment law, False Claims Act liability, director and officer liability, and agency investigations.  Our clients include physicians, attorneys, government officials, engineers, trade association executives, professors and other scientific researchers, as well a leading global consulting firm.  Our clients rely on us to exercise sound judgment in navigating and resolving highly sensitive matters.  Achieving optimal outcomes in these matters requires a deep well of experience and a solid grasp of the legal and competitive practicalities confronting each client. 

REPRESENTATIVE MATTERS

Successful resolution of claims asserted by client, a departing general counsel and chief operating officer of nationwide restaurant chain.

Successful resolution of claims asserted by our client, a departing chief executive officer of global armaments manufacturer U.S. subsidiary.

Successful resolution of claims asserted by several clients who were departing partners of major law firms.

Heartland Superfoods LLC v. Brick, Gentry, Bowers, Swartz & Levis, P.C. (Iowa) (successful resolution of client's legal malpractice claims arising from commercial real estate transactions)

Ghosh v. FTI Consulting, Inc. (D.N.J.)  (successful resolution of claims/counterclaims asserting retaliatory discharge and recovery of retention loans and bonuses)

Means v. FTI Consulting, Inc. v. Deloitte (S.D.Tex.)  (successful resolution of claims/counterclaims/third party claims challenging enforceability of post-termination restrictive covenants)

Represented global consulting firm enforcing non-compete and non-solicitation covenants against departing senior managing directors in arbitration proceedings before various American Arbitration Association venues. 

Successful representation of senior government attorney facing disciplinary action within Department of Justice.

We are experienced hands at matters involving products liability, professional negligence, and toxic torts.  Paul has extensive experience in products liability actions, having defended Bayer in numerous nationwide cases arising from withdrawal of the cholesterol drug Baycol.  His teams won five consecutive defense verdicts in the Deep South. Paul handled similar cases about the drugs Fen-Phen and Vioxx.  Tom has directed joint defense groups defending toxic tort cases in the specialty steel industry, and defended many regional clients in achieving favorable outcomes against claims and risks involving product liability and premises liability. 

REPRESENTATIVE MATTERS:

Dibble v. Thorax Med., Inc. and Ethicon, Inc., 148 F.4th 601 (8th Cir.) (overturning dismissal against client's product liability claims arising from defective LYNX medical device)

FTI Consulting, Inc. v. Secretariat Advisors, LLC (N.D.Ga.) (successful resolution of client's tortious interference with business and other tort claims challenging competitor's recruiting practices)

Heartland Superfoods LLC v. Brick, Gentry, Bowers, Swartz & Levis, P.C. (Iowa) (successful resolution of client's legal malpractice claims arising from commercial real estate transactions)

We help providers, hospitals, device manufacturers and pharmaceutical companies navigate the complex competition and marketing landscape of the healthcare industry.  Paul focused much of the last twenty years defending generic and brand name drug manufacturers in some of their most existential matters, including Average Wholesale Price multidistrict litigation against a client where asserted damages exceeded $12 trillion. Tom’s practice routinely involves representing medical practices, hospital systems, medical device manufacturers and dietary supplement marketers in a variety of agency investigation and enforcement litigation involving the FTC Act Section 5, False Claims Act and Anti-Kickback Statute.  Tom also serves as Vice Chair of the D.C. Court of Appeals Board on Professional Responsibility.  

REPRESENTATIVE MATTERS:

Counselled surgery practice in successful response to DOJ False Claims Act investigation resulting in no action. 

Counselled and represented surgeon's successful completion of major hospital FPPE and subsequent transition to competing major hospital system, successful mediation of wage and hour claims against former employer.

FTC v. ZyCal Bioceuticals Healthcare Co., Inc. (D.Mass.) (successful resolution of agency enforcement action challenging client's dietary supplement health and structure-function claims)

FTC v. Garden of Life, Inc., 845 F.Supp.2d 1328 (S.D.Fla.), aff'd 516 Fed.Appx. 852 (11th Cir.) (successful defense of FTI enforcement action challenging client's dietary supplement health and structure/function claims)

Imaging Center, Inc. v. Western Md. Health System (D.Md. and 4th Cir.)  (represented independent medical imaging facility challenging defendant's exclusionary conduct)

In re Plasma-Derivative Protein Therapies Antitrust Litig. (N.D.Ill.) (represented trade association defending putative antitrust class action alleging industry coordination and data sharing of production forecasts)  

One of our foundational principles is to always pursue some cases and actions that serve justice in the broader sense.  We are committed to providing pro bono legal services to underserved communities.  Among his many pro bono matters, Tom has worked with Children’s Law Center representing special needs students and their families pursuing appropriate education opportunities within the DC Public School system. Tom also worked with University Legal Services representing a contested class of DC residents pursuing recovery of misappropriated benefits from a healthcare provider, and worked with Louisiana Justice Institute representing a class of New Orleans homeowners challenging municipal property condemnations in the wake of Hurricane Katrina.  A grateful recipient of the Benjamin R. Civiletti Pro Bono Lawyer of the Year award while at Venable, Tom has served on hearing committees for, and currently serves as Vice Chair of, the D.C. Court of Appeals Board on Professional Responsibility.  Paul recently represented and counseled Peace Corps volunteers worldwide about potential actions of the Trump Administration's Department of Government Efficiency (DOGE), including preparations for federal court litigation in the event it became necessary to protect volunteer interests.  Paul's pro bono work also includes indigent criminal defense, and longtime service to Catholic Charities Legal Network in Washington, D.C..   

We are active in the community and we want to help.  If you feel you have been wronged by someone, talk to us. We welcome the discussion.