Tom O' Brien has a national securities, shareholder, professional liability and commercial litigation practice. He enjoys and thrives at representing companies and professionals in their most critical moments, such as when they face a major securities fraud case or a malpractice suit challenging their work. Two cases he has litigated have reached the Supreme Court of the United States, and one case he tried ended in a judgment described by the District Court as a “once in a lifetime result.”
Mr. O' Brien has represented public companies, their officers and directors and public accounting firms in litigation and investigations related to securities, mergers and acquisitions, corporate control, shareholder demands, financial reporting, and audits. For example, he defended a securities fraud class action that made two trips to the Supreme Court of the United States, and has represented multiple public companies in connection with short-swing profit claims under Section 16(b) of the Exchange Act.
Mr. O' Brien also has defended law, audit, tax and advisory firms against a variety of claims, including fraud, breach of contract, breach of fiduciary duty and malpractice claims. For example, he received a dismissal of a lawsuit alleging that an international law firm committed fraud and breached a contract in connection with an arbitration proceeding. The dismissal was affirmed by the court of appeals, and the Supreme Court of Texas denied the plaintiffs' petition for review.
Mr. O' Brien has significant experience with other complex business-related disputes as well. He participated in a four-week trial in a fraudulent transfer and breach of fiduciary duty case that resulted in a judgment for ASARCO LLC. The District Court described this judgment as a “once in a lifetime result.” He also tried the two-week confirmation hearing in ASARCO's bankruptcy case, which resulted in all creditors being paid in full. The Bankruptcy Court characterized ASARCO's bankruptcy as “probably the most successful Chapter 11 of any magnitude in the history of the [Bankruptcy] Code.”
Following graduation from law school, Mr. O' Brien served as a law clerk to the Honorable Kim McLane Wardlaw of the United States Court of Appeals for the Ninth Circuit.