Thomas J. Welling, Jr.

Representative Matters

Arbitrations

• Won a $20 million confidential arbitration award on all claims for fraud and breach of contract
• Won a confidential arbitration award granting declaratory relief in favor of a nonprofit organization in a real estate dispute

Class Action Defense

• Representing a public utility company against a class action lawsuit asserting improper billing practices
• Won dismissal of a putative securities class action lawsuit asserting claims under Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5(b) promulgated thereunder, and Section 20(a)
• Defended a 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)
• Obtained successful class action settlements on behalf of New York City property owners against claims of improper deregulation of apartments while receiving 421-g tax benefits
• Defended a major U.S. financial institution against class action securities law claims arising from the collapse of its commercial real estate lending practice

Commercial, Business, Divorce and M&A Disputes

• Representing the beneficiaries of estate and related trusts holding over a billion dollars in assets in multiple litigations across numerous jurisdictions seeking recovery and accounting arising from executors' and trustees' breaches of fiduciary duty and fraud
• Representing a special servicer in connection with various commercial foreclosure actions
• Won dismissal on behalf of a multi-platinum international singing group and its talent agent against claims brought by a former business associate who sought millions of dollars in commissions and other compensation from an alleged contract to provide agency services (Nuevos Aires Shows LLC v. Urs Buhler et al.)
• Won dismissal of claims that a New York government agency violated the State Environmental Quality Review Act in connection with the financing of an apartment development in Brooklyn (Prospect Park E. Network v. New York State Homes & Community Renewal)
• Obtained a successful settlement on behalf of a major government contracting company against fraud and breach of contract claims arising from an asset purchase agreement
• Defeated an injunctive relief motion brought by former partners of one of the world's preeminent organizers of fine art shows in a corporate governance dispute that led to the successful settlement and buyout of former partners
• Obtained a favorable settlement for a Fortune 500 company against claims of breach of an employee incentive program following a multi-week jury trial seeking over $100 million in damages
• Successfully defended a leading insurance company in a multi-billion-dollar non-products asbestos coverage dispute fought in a multiphase bench trial and a subsequent 524(g) bankruptcy confirmation hearing
• Defended the 32nd America's Cup winner against claims brought by a contender for the 33rd America's Cup

Bankruptcy and Restructuring Litigation

• Represented an investment advisor and its affiliates in Chapter 15 proceedings related to an application by debtors for recognition of restructuring proceedings in the Cayman Islands
• 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

Education

• J.D. cum laude Brooklyn Law School 2007
• • Notes and comments editor, Brooklyn Journal of International Law
  • Moot Court Honor Society
• 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 Northern District of New York
• U.S. District Court for the Eastern District of New York

Professional Memberships and Activities

• Board member, Brooklyn Law School Alumni Association
• Board member, Gillen Brewer School
• Board member, Bereavement Center of Westchester Treehouse

• Legal Services of New York City, 2008 – 2011 (honored for valuable pro bono service)

Pro Bono

• Secured a historic settlement in systemic reform litigation that put an end to an abusive, unlawful practice of the Orleans Parish District Attorney's Office that victimized survivors and witnesses of crime
• Obtained a successful settlement resulting in the repeal of a discriminatory zoning ordinance on behalf of residents of the city of Ridgeland, Mississippi