Tom practices corporate and fiduciary litigation in the Delaware Court of Chancery and other Delaware courts and ADR proceedings. He represents plaintiffs and defendants as lead counsel and local Delaware counsel. In addition to his litigation practice, Tom counsels clients on statutory and fiduciary duties under Delaware law.

In law school, Tom was the editor in chief of the Delaware Journal of Corporate Law and a Wolcott Clerk to the Honorable Randy J. Holland of the Delaware Supreme Court.

Tom has been recognized by Super Lawyers since 2014, Best Lawyers® since 2018, and Delaware Today since 2021.

Select Experience

• Represented companies, directors, officers, special committees, and stockholders in fiduciary duty, corporate control and governance, M&A, fraud, dissolution, advancement, indemnification, books and records, appraisal, and contractual disputes

• Tried cases involving fiduciary duties, fraud, appraisal of stock, tortious interference with contractual relations, fraudulent transfer, unjust enrichment, promissory estoppel, validity of director elections, breach of contractual representations and warranties, intentional misrepresentation, trading restrictions in a SPAC transaction, revocation of an invalid will, and will and trust reformation

• Represented corporate trustees and trust beneficiaries in breach of trust, decanting, reformation, undue influence, and dissolution disputes involving Delaware trusts

• Successfully obtained and defended against TROs in disputes arising from non-competition and non-solicitation agreements

• Appointed by the Court of Chancery as the receiver for Delaware corporations and LLCs and as an attorney ad litem in trust litigation

• Appointed by the Superior Court as a Special Discovery Magistrate
• Served as an expert witness in Delaware corporate law and procedure

Community Involvement

Delaware Museum of Nature and Science, Trustee

Goodwill of Delaware and Delaware County, Director (2017-2023)

Ronald McDonald House of Delaware, Leadership Advisory Council

Richard S. Rodney Inn of Court, Barrister

Friends of Wilmington Parks, Past President

Pi Kappa Alpha Fraternity, Risk Awareness Advisor

Delaware

U.S. District Court for the District of Delaware

U.S. Court of Appeals for the Third Circuit

U.S. Supreme Court

Widener University School of Law, J.D., summa cum laude, Valedictorian

Arizona State University, B.S., magna cum laude

Delaware State Bar Association, Member-At-Large of Executive Committee (2016-2017)

American Bar Association, Litigation Section

American Bar Foundation, Fellow

In Declining to Modify a Trust, Chancery Court Reaffirms that a Settlor’s Intent is Paramount, Delaware Banker (Summer 2015)

Preserving a Seller’s Attorney-Client Privilege After Great Hill, Delaware Business Court Insider (2014)

Reinterpreting Section 141(e) of Delaware’s General Corporation Law: Why Interested Directors Should Be “Fully Protected” in Relying on Expert Advice, The Business Lawyer (2010)

Post-Closing Remedies for Breach of the Duty of Disclosure, PLI (2009)

Shareholder Police Power: Shareholders’ Ability to Hold Directors Accountable for Intentional Violations of Law, The Delaware Journal of Corporate Law (2008)

Finding Safe Harbor: Clarifying the Limited Application of Section 144, The Delaware Journal of Corporate Law (2008)

The (Mis)Application of Section 144, Delaware Lawyer (2008)