David G. Thomas

David G. Thomas: Attorney with Greenberg Traurig, LLP
  • Shareholder at Greenberg Traurig, LLP
  • One International Place, Boston, MA 02110
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Biography

David Thomas is a litigation, trial, and appellate attorney focusing on defending companies against unfair or deceptive business practices claims in individual and putative class action settings. Among other things, David represents (1) manufacturers and retailers facing false advertising claims arising out of alleged violations of federal and state consumer protection statutes, including the Federal Trade Commission Act and little FTC Acts like Massachusetts General Laws Chapter 93A - the Massachusetts Consumer Protection Act, and (2) lenders, mortgage brokers and servicers facing predatory lending and unfair servicing claims arising out of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and state laws governing consumer financing and mortgage loan servicing. David also has represented companies and individuals facing securities law claims in an individual and class action setting and companies responding to civil investigative demands under the False Claims Act and state laws and enforcement actions brought by federal and state regulatory agencies, including the United States Department of Justice, Massachusetts Office of the Attorney General, and other federal and state agencies.

Concentrations
•Defending unfair and deceptive business practices claims
•Defending FLSA and state wage and hour claims brought by employees, including claims under the Massachusetts TIP Act.
•Defending and prosecuting intra-company litigation, including corporate, LLC, and partnership disputes
•Defending and prosecuting business and commercial claims between companies, including unfair methods of competition and unfair or deceptive business practices claims
•Electronic discovery; David has been certified as an e-Discovery Specialist by ACEDS

Recognition & Leadership

Awards & Accolades

•Team Member, U.S. News - Best Lawyers , Best Law Firms Edition, Law Firm of the Year, Banking & Finance - Litigation, 2017

Areas of Practice (6)

  • Litigation
  • eDiscovery & eRetention
  • Retail
  • Class Action Litigation
  • Labor & Employment
  • Financial Services Litigation

Education & Credentials

Contact Information:
617.310.6040  Phone
617.897.0940  Fax
www.gtlaw.com/People/David-G-Thomas
University Attended:
University of Massachusetts at Amherst, B.A., Legal Studies; Harvard University Extension School, Graduate Certificate of Special Studies in Administration; Harvard University Extension School, Management
Law School Attended:
Suffolk University Law School, J.D., magna cum laude
Year of First Admission:
1998
Admission:
U.S. District Court for the District of Massachusetts; U.S. Court of Appeals for the Third Circuit; 1998, Massachusetts; U.S. Court of Appeals for the First Circuit; Supreme Court of the United States
Memberships:

Professional & Community Involvement

•Member, American Bar Association
•Member, Boston Bar Association
•Member, Massachusetts Association of Trial Lawyers

Birth Information:
Boston, Massachusetts, 1970
Reported Cases:
Experience: Representative Matters: Jillian Calixto v. Coughlin et al . , Massachusetts Supreme Judicial Court. Obtained dismissal in case concerning whether Massachusetts employers (including individuals) would be subject to Wage Act liability (civil and criminal) if a business entity closes without giving required notice under the federal Warn Act as well as whether creditors could bring a derivative claim against officers for allowing a company to violate the federal Warn Act. Prevailed in dismissing the claims in the Massachusetts Superior Court. Dismissal was upheld by the Massachusetts Supreme Judicial Court. Three amicus filings were submitted in support of client's position as a contrary finding would have opened up a Pandora's Box of litigation against employers in Massachusetts.; Ferreira v. Sterling Jewelers, Inc., et. al. , United States District Court for the District of Massachusetts. Putative nationwide consumer-based class action alleging unfair and deceptive trade practices. Putative nationwide class narrowed to Massachusetts internet purchaser only putative class through initial motion practice. Discovery then limited to merits of putative class representative's individual claims. Summary judgment entered in favor of defendant retailer.; Barsukova/Aviles v. Macy's, Inc. , United States District Court for the District of Massachusetts. Putative nationwide consumer-based class action alleging unfair and deceptive trade practices. Discovery limited during motion practice to merits of putative class representative's individual claims. Case settled with individual class representative and no class-wide relief provided.; Derby v. Brooks Brothers, Inc. , United States District Court for the District of Massachusetts. Consumer-based class action alleging unfair and deceptive trade practice. Discovery limited to merits of putative class representative's individual claims. Case voluntarily dismissed with no payment to putative class representative.; Derby v. East Coast Alpine, Inc. , Suffolk Superior Court. Putative Massachusetts consumer-based class action alleging unfair and deceptive trade practices. Case voluntarily dismissed after settlement with putative class representative. No class-wide relief provided.; Ashley Maher Day v. Smartbargains, Inc., et. al. , United States District Court for the District of Massachusetts. Putative nationwide class action alleging unfair and deceptive trade practices. Agreed-to nationwide CAFA class action settlement negotiated, which provided eligible consumers with a discount code towards future purchase or weighted refund for returning product. Predominantly e-mail only notice program implemented.; Brickett v. HSBC Bank U.S.A., N.A. , United States District Court for the District of Massachusetts. Unfair and deceptive trade practices claim brought against lender. Summary judgment in favor of lender obtained. 52 F. Supp. 308 (D. Mass 2014). Judgment affirmed on appeal. 607 Fed. App. 5 (1St CIA. 2015); Cascio v. Lynette's Limousines, Inc. , Massachusetts Superior Court. Wage and Tip Act putative class action brought against employer (misclassification). Class-wide settlement approved by the Superior Court.; McKew v. VSM Sewing, Inc. , United States District Court for the Eastern District of Virginia. Misclassification collective action brought under the Fair Labor Standards Act. Opt-in settlement class approved by the District Court.; Syracuse v. Orion Refining Corp. , United States Bankruptcy Court for the District of Delaware. Breach of contract action brought by sub-contractor concerning material reclaimation of metals from oil refinery. Judgment for defendant after trial. 424 B.R. 156 (Bankr. D. Dec. 2010), aff'd 445 B.R. 312 (D. Dec 2011).; Mills v. U.S. Bank Nat. Ass'n, N.A et. al. , United States District Court for the District of Massachusetts. Unfair and deceptive lending practices claims brought against lender and servicer. Nineteen count complaint dismissed with dismissal affirmed on appeal . 2013 WL 1389751 (D. Mass. 2013), aff'd 753 F.3d 47 (1dt Cir. 2014).; SunLink Corporation v. American Capital Energy, Inc. , AAA Arbitration. Breach of contract and unfair business practices claim arising out of the sale of solar racking systems. $10,000,000+ award for claimant obtained.
ISLN:
915074721

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