Tom founded Goldberg Segalla's American Indian Law Practice Group. Recognizing that the relationship between tribal, federal, state and local governments is in a constant state of flux, Tom endeavors to provide timely, culturally sensitive, knowledgeable and effective counsel and legal representation to the frm's American Indian clientele. He understands the desire of the firm's American Indian clientele to develop and expand tribal revenue sources beyond the recent economic successes of Indian governmental gaming operations. Tom works with Indian and non-Indian enterprises transacting business in Indian Country to develop, evaluate, and facilitate private investment in Native American commercial enterprises and/or to locate new business operations onto Indian Lands. He participates in and supports organizations and efforts dedicated to advancing and protecting tribal sovereignty and the quality of life for those living or working in Indian Country. Tom advises the firm's American Indian clientele in the areas of sovereign immunity, treaty rights, Indian Commerce Clause issues, economic development opportunities, taxation, including cigarette and other tobacco product taxes, due diligence review of investment opportunities available to American Indian enterprises, TERO Indian preference certification, structuring ventures with non-Indian entities, monitoring and evaluation of legislative proposals affecting American Indian affairs and minority business enterprise certification. Tom's American Indian law practice also includes comprehensive litigation and appellate advocacy services.
Tom's construction law practice includes day-to-day counseling to all members of the construction industry and construction professionals, negotiation and drafting of all construction contracts and legal documents, risk management during the construction phase, alternative dispute resolution, litigation and appellate advocacy. He has significant experience working with the construction trades in the following areas: pre-award due diligence concerning the project owner, the contracting parties and project financing; contract negotiations; evaluation of condition precedent payment provisions, such as, pay-if-paid and pay-when paid; evaluation of Spearin doctrine clauses; evaluation of flow-down provisions and site investigation clauses; project scheduling issues, including critical path method; changes in the work and change orders; differing site conditions; delay, compression and acceleration issues; managing project interruptions; dispute resolution issues such as mediation, arbitration, forum selection and choice of law provisions; liens and lien waivers; trust fund claims; and claims involving construction defects.
Tom's labor and employment practice is limited to the representation of ownership/management in connection with all matters relating to an employer's relationship to prospective employees, employees and former employees. He provides daily advice to employers on all aspects of the employment relationship including trade secret protection, non-compete agreements and restrictive covenants, the hiring, discipline, promotion and discharge of employees, drafting employment manuals and handbooks, identity theft, development of practices, policies and procedures, negotiation and drafting of separation/severance agreements, issues relating to collective bargaining agreements and grievances, testing and screening, notice posting, record keeping, and reporting requirements, and workplace investigations and audits. Tom has successfully represented employers against unfair labor practice charges, claims of sexual harassment and sex discrimination, and allegations relating to age, race, gender and disability discrimination.
Tom is a member of the firm's Commercial Appellate Advocacy Practice Group. He has extensive experience before the New York State Court of Appeals and all four Appellate Division Departments. Tom is a successful appellate advocate because he is an effective communicator. Although he certainly “thinks like a lawyer, Tom's brief writing style is decidedly non-lawyer like in that it is clear, concise and persuasive, not verbose, overly technical and confusing. Tom is skilled in the art of organizing complex factual and legal information and effectively communicating the client's position, both orally and in writing, so that the client's position is clear and easily understood. He will not trivialize the client's position by resorting to prose, legalese or cliches; his efforts as an appellate advocate are geared toward effective, efficient communication. Tom's appellate practice also includes working with outside law firms, in-house counsel and insurers to present their cases in the appellate courts.
Tom also focuses on representing members of the legal profession in the area of ethics and professional responsibility. He provides day-to-day counseling to lawyers, law firms and their employees on a wide range of ethical issues, including concerns relating to the identification, correction, mitigation and reporting of ethical violations. He represents individuals and law firms charged with violations of the judiciary law, including civil and criminal contempt, misconduct and improper solicitation. Tom also advises lawyers and law firms on issues ranging from lawyer-to-lawyer referrals, fee disputes, attorney's liens, conflicts, sanctions, disqualification, and switching firms to legal malpractice. He has successfully represented lawyers and law firms before bar associations, state attorney grievance committees, and the Appellate Division. Tom provides representation through the entire grievance process from the inquiry and investigative stages through the commencement of formal disciplinary proceedings and disposition by the Appellate Division.
•Upstate New York Super Lawyers (Business Litigation, Native American Law)
•Professional Liability Matters
•Super Lawyers Names Nearly Three Quarters of Goldberg Segalla's Upstate New York Attorneys
August 19, 2013
•Twenty-Three Goldberg Segalla Attorneys Listed in 2012 Upstate New York Super Lawyers
August 21, 2012
•Sixteen Goldberg Segalla Attorneys Listed in 2011 Upstate New York Super Lawyers
September 6, 2011
•Goldberg Segalla attorneys selected for inclusion in New York Super Lawyers Upstate Edition 2010
September 1, 2010
•Defense Research Institute: Commercial Litigation Committee, Construction Law Committee, Employment Law Committee and Lawyers' Professionalism and Ethics Committee
•American Bar Association Construction Industry Forum, Labor and Employment Law Section and Tax Section
•American Bar Association Center for Professional Responsibility
•Federal Bar Association, Appellate Law Section, Indian Law Section
•New York State Bar Association, Commercial and Federal Litigation Section, Labor and Employment Law Section, Tax Section
•Bar Association of Erie County
•Society For Human Resource Management
•Buffalo Niagara Human Resource Association
•National Congress of American Indians
•Native American Rights Fund