Tom M. Fini

Tom M. Fini is a partner and co-founder of Catafago Fini LLP. Prior to co-founding the Firm, Tom was a litigation partner for 12 years at Cadwalader, Wickersham & Taft. Tom was previously in the litigation group at Skadden, Arps, Slate, Meagher & Flom. As a result of his experience at two of the world’s most prestigious law firms, and now at his boutique firm, Tom has an extraordinarily strong background and extensive experience handling some of the most cutting-edge and complex business disputes in federal and state courts across the country, as well as domestic and international arbitration matters.

Tom’s experience includes representing and counseling some of the largest institutions in the world on a wide variety of matters, including securities class actions, antitrust litigation, corporate governance matters, derivative class actions, complex contract disputes, partnership and employment disputes, and theft of trade secrets. He also counsels companies, corporate directors and officers regarding regulatory compliance and fiduciary obligations.

Tom also handles internal corporate investigations, and represents individuals and institutions with respect to investigations by the SEC, the Department of Justice and the Federal Reserve. Tom also provides advice and handles litigation concerning ethical and professional responsibility issues facing lawyers and law firms, including major legal malpractice cases around the nation.

Tom received his B.A., magna cum laude, from New York University, and his J.D., cum laude, from the New York University School of Law, where he received the Edward Weinfeld Prize for distinguished scholarship in the area of federal courts. Following law school, he served as a law clerk to the Honorable Robert E. Cowen of the U.S. Court of Appeals for the Third Circuit.

Tom is a leader of the organized bar. He is currently the Co-Chair of the Supreme Court Committee of the New York County Lawyers’ Association. Tom is also an active member of the New York State Bar Association’s Commercial and Federal Litigation Section, including the Commercial Division Committee, and has actively participated in providing input on the various changes to the rules of the New York State Court’s Commercial Division.

Representative Cases

  • Representing Bank of America in New York, Nevada, Illinois and Oklahoma federal courts involving repurchase claims made with respect to hundreds of millions of dollars of mortgage-backed securities.
  • Representing co-defendants in the multistate, multidistrict In re Sumitomo/Global Minerals and Metals Corporation antitrust litigation, involving an alleged worldwide conspiracy to manipulate the price of copper. These related litigations included numerous antitrust class actions filed in federal and state court, as well as enforcement proceedings brought by the Commodity Futures Trading Commission.
  • Representing Bear, Stearns & Co. in a federal litigation involving a $164 million verdict that was successfully appealed to the U.S. Court of Appeals for the Second Circuit. The case resulted in the definitive Second Circuit decision addressing the scope of common law and fiduciary duties owed by broker-dealers to their customers.
  • Representing a global supply company in international arbitration before the London Court of International Arbitration.
  • Representing Pfizer in federal securities class action and derivative litigation relating to marketing and sale of Celebrex and Bextra.
  • Representing Omnicare in Delaware Chancery Court involving a complex contractual dispute with a major nursing home provider.
  • Representing investors involved in takeover bid for Riviera Holdings Corporation.
  • Representing former officers and directors of an Internet service provider in a federal class action securities litigation.
  • Representing Pfizer, Inc. in takeover and corporate governance litigation in connection with its successful merger with Warner-Lambert Company.
  • Representing co-defendants in a federal class action antitrust suit involving the waste hauling industry in the New York region.
  • Conducting corporate antitrust audits, and developing and implementing antitrust compliance programs.
  • Representing international corporation with respect to Foreign Corrupt Practices Act investigation.

Bar and Professional Associations

American Bar Association (Litigation Section, Antitrust Section); Association of the Bar of the City of New York; New York State Bar Association (Commercial and Federal Litigation Section, Commercial Division Committee); New York County Lawyers’ Association (Supreme Court Committee, Federal Courts Committee).

Published Works

“Recent Trends in Securities and Derivatives Litigation: The Second Circuit and the New York Appellate Division Address Scope of Duties and Effect of Disclosure by Broker-Dealers,” Securities Regulation Law Journal, Volume 31, Issue 3 (2003).

“The Scope of the Van Dusen Rule in Federal-Question Transfers,” 1992/1993 NYU Annual Survey of Law 49 (1992).