Thomas Smith Email & Phone Number

My practice is focused on serving businesses in commercial and business tort litigation, transactions, and regulatory counseling. This includes fiduciary duty lawsuits, fraud and misrepresentation cases, defamation and privacy tort matters, breach of contract, and breach of express and implied warranties.I have served as outside general counsel to real estate development and manufacturing concerns, advising on a wide array of transactional, litigation, and regulatory issues and drafting corporate formation and governance documents. I recently closed a comprehensive refinancing and restructuring of national development concern, involving divestment of principal co-investor/lender, refinancing of all debt, and settlement of debt litigation. I advise developers on property and liability coverages and risk management strategies. I have directed all aspects of litigation, risk management, and compliance matters (including environmental and OSHA issues) for a local manufacturer and subsequently handled the sale of that entity to a private equity concern. I have drafted franchising and branding agreements and resolved license disputes for a financial services entity. I negotiate and close sale agreements for transfer of commercial/retail properties and draft agreements to lease properties to medical, retail, and restaurant tenants. I have litigated title disputes, including mechanics and other liens. I represent clients in all types of alternative dispute/arbitration proceedings.I have served as outside counsel to receiverships arising from the liquidation of licensed small business investment companies (SBICs). I have detailed knowledge concerning the application of SBIC regulations and analyzed numerous transactions for compliance with those regulations, including those governing permissible SBIC investments and financings, restrictions on self-dealing, reporting requirements, and related matters. My construction defect experience includes the litigation of defects in residences, commercial buildings, and industrial facilities, including defects in design, materials, and workmanship. I have represented insurers of defectively constructed and improperly repaired facilities in property subrogation matters, including those arising from roof collapses, structural failures, industrial explosions, restaurant and industrial fires, and electrical casualties. In subrogation cases, my partners and I have overcome contractual subrogation limitations and consequential damage waivers, obtaining recoveries for property damage and business interruption losses.

Listed skills include Business Litigation, Litigation, Contract Negotiation, Breach Of Contract, and 7 others.