Thomas J. Welling, Jr.

Counsel
Welling Thomas
Thomas Welling is a seasoned litigator with trial experience who represents businesses and individuals facing complex commercial disputes, including mergers and acquisitions, corporate governance, insurance coverage, and contract disputes; securities litigation; class actions; business torts; and bankruptcy-related matters. Thomas applies his considerable knowledge of federal securities, corporate governance, real estate, class action, insurance, antitrust, advertising, and bankruptcy laws to devise aggressive and efficient ways to reach desirable solutions. Clients also seek his counsel pre-transaction to avoid and manage litigation risks. In addition, Thomas has considerable experience representing nonprofit organizations.

Thomas has extensive experience representing both plaintiffs and defendants in federal and state courts in New York and throughout the United States, and in private mediations and arbitrations. He has also handled all aspects of litigation, from the investigation and pleading stages, to temporary restraining orders, through discovery, trial, and appeal. 

Thomas began his career at Simpson Thacher & Bartlett LLP, where he was a litigation associate. He gained valuable trial experience through his involvement in such matters as a $100 million-plus jury trial, a multi-billion-dollar non-products asbestos coverage dispute fought in a multiphase bench trial, and a bankruptcy confirmation hearing of a 524(g) plan on behalf of the same insurer.

Experience

Representative Clients

Thomas's experience includes representation of the following clients:

  • Represented a major generic pharmaceutical manufacturer in multi-district litigation involving claims brought by private plaintiffs and state attorneys general alleging an industry-wide price-fixing conspiracy (In re Generic Pharmaceuticals Pricing Antitrust Litigation)
  • Represented an international music group and its manager and agent against breach of contract claims brought by a former office manager
  • Represented one of the world's preeminent organizers of fine art shows in a corporate governance dispute with former partners and defeated claims of injunctive relief brought by former partners
  • Represented a top online audience growth technology company in contract disputes with various vendors
  • Represented a top online fashion store in a contract dispute with an ecommerce vendor
  • Represented an investment adviser and its affiliates in Chapter 15 proceedings related to an application by debtors of recognition of restructuring proceedings in the Cayman Islands
  • Represented a major U.S. financial institution against class action securities law claims arising from the collapse of its commercial real estate lending practice
  • Represented major U.S. financial institutions as issuers and underwriters in numerous residential-mortgage-backed securities litigations, including suits brought by the FHFA, the FDIC, and other purchasers of mortgage-backed securities
  • Represented a Chinese company, its principals, and U.S. affiliates, against fraud, RICO, and corporate theft claims arising from a cross-border commercial contract dispute involving rare earth metals
  • Represented a major government contracting company against fraud and breach of contract claims arising from the sale of its subsidiary
  • Represented a CEO of a multinational home builder in an SEC investigation
  • Represented an online software marketing company in a securities fraud lawsuit filed by a shareholder
  • Represented an email marketing firm involving a potential class action under the Telephone Consumer Protection Act (TCPA)
  • Represented a community nonprofit corporation and its board of directors against breach of fiduciary duty and other corporate governance claims
  • Represented a foreign representative of an insolvent Swiss company in bankruptcy litigation against a claim for an unpaid margin call, arising out of liquidation of futures positions allegedly held by the Swiss company
  • Represented a prominent multinational financial service provider in a successful interpleader action concerning a turnover proceeding to recover default judgment against a foreign government
  • Represented a New York government agency in defeating a preliminary injunction and obtaining dismissal of claims that it violated the State Environmental Quality Review Act (SEQRA) in relation to financing of an apartment development in Brooklyn, New York
  • Represented a Fortune 500 company against class action claims of breach of an employee incentive program
  • Represented owners of the yacht Defender in a dispute over the 33rd America's Cup
  • Represented a property insurer against False Claims Act claims
  • Represented a property insurer against subrogation claims arising out of the World Trade Center attack
  • Represented property managers, sponsors, and owners in managing the litigation risks arising from lease transactions and other disputes with tenants
  • Represented private-equity firms and financial service providers against various shareholder and derivative class action lawsuits related to tender offers and other mergers and acquisitions transactions

Insights

Credentials
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Education

  • J.D. cum laude Brooklyn Law School 2007
    • Notes and comments editor, Brooklyn Journal of International Law
    • Moot Court Honor Society
    • Worked at the U.S. Attorney's Office for the Eastern District of New York
    • Worked for a judge in the Southern District of New York
  • B.A. Williams College 2002

Bar Admissions

  • New York

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Professional Memberships and Activities

  • Director, board of directors, Brooklyn Law School Alumni Association
  • Member, American Bar Association
  • Member, Federal Bar Council

Recognition
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  • Honored by Legal Services of New York City for valuable pro bono service, 2008 - 2011

Community
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Pro Bono

  • Serves as lead attorney in pro bono representation of an individual seeking political asylum, based on physical abuse and imprisonment, from a dictatorship in Africa
  • Represents several tenants in bringing a Fair Housing Act claim against the City of Ridgeland, Mississippi, seeking to invalidate a zoning ordinance intended to eliminate their apartment complexes
  • Obtained legal status for an asylum client and her daughter, who were fleeing domestic violence
  • Represented several clients in New York City housing court
  • Represented more than 20 families in obtaining relocation assistance from the City of New York after their apartment complex was taken via eminent domain