Tom Fini's practice focuses on complex litigation matters, including securities class actions, antitrust litigation and counseling, corporate governance litigation, and counseling corporate directors and officers regarding their fiduciary obligations and internal corporate investigations.
Tom handles governmental antitrust investigation matters, including representing clients in connection with investigations by the Antitrust Division of the U.S. Department of Justice. He regularly counsels corporate clients regarding compliance with federal and state antitrust laws, including issues relating to product distribution and pricing, and the development and implementation of antitrust compliance programs.
Tom received his B.A., magna cum laude, from New York University, and his J.D., cum laude, from the New York University School of Law, where he received the Edward Weinfeld Prize for distinguished scholarship in the area of federal courts. Following law school, he served as a law clerk to the Honorable Robert E. Cowen of the U.S. Court of Appeals for the Third Circuit.
"Recent Trends in Securities and Derivatives Litigation: The Second Circuit and the New York Appellate Division Address Scope of Duties and Effect of Disclosure by Broker-Dealers," Securities Regulation Law Journal, Volume 31, Issue 3 (2003).
"The Scope of the Van Dusen Rule in Federal-Question Transfers," 1992/1993 NYU Annual Survey of Law 49 (1992).
Bar and Professional Associations
American Bar Association (Litigation Section, Antitrust Section); Association of the Bar of the City of New York (Federal Legislation Committee); and New York State Bar Association.
• Representing co-defendants in the multistate, multidistrict In re Sumitomo/Global Minerals and Metals Corporation antitrust litigation, involving an alleged worldwide conspiracy to manipulate the price of copper. These related litigations included numerous antitrust class actions filed in federal and state court, as well as enforcement proceedings brought by the Commodity Futures Trading Commission.
• Representing Bear, Stearns & Co. in a federal litigation involving a $164 million verdict that was successfully appealed to the U.S. Court of Appeals for the Second Circuit. The case resulted in the definitive Second Circuit decision addressing the scope of common law and fiduciary duties owed by broker-dealers to their customers.
• Representing former officers and directors of an Internet service provider in a federal class action securities litigation.
• Representing Pfizer, Inc. in takeover and corporate governance litigation in connection with its successful merger with Warner-Lambert Company.
• Representing co-defendants in a federal class action antitrust suit involving the waste hauling industry in the New York region.
• Providing day-to-day antitrust counseling regarding information sharing and collaborations among competitors, pricing, and distribution issues. Mr. Fini's clients include major technology and energy trading firms, international produce suppliers, and financial institutions.
• Conducting corporate antitrust audits, and developing and implementing antitrust compliance programs.
Hon. Robert E. Cowen
U.S. Court of Appeals, 3rd Circuit