Tom A. Paskowitz

TOM PASKOWITZ focuses his practice on commercial litigation and disputes, with a concentration in the areas of antitrust and securities litigation. This includes representing companies in both the financial services, manufacturing, and other industries in direct and class action litigations alleging a variety of anti-competitive behavior, such as price-fixing, customer allocation, and monopolization. This also includes representing financial institutions and related individuals in direct purchaser and class action securities litigations, derivative actions, and regulatory enforcement proceedings, as well as representing leading companies in all aspects of commercial litigation and disputes. Tom has represented clients in federal and state courts, various arbitral forums, and in investigations before the DOJ, SEC, CFTC, and State Attorneys General. Tom’s experience also includes representing numerous major Chinese and Japanese corporations and financial institutions in U.S. Litigation.

Tom is a member of Sidley’s eDiscovery and Data Analytics group and has extensive experience counseling clients on eDiscovery-related issues, including the handling of electronically stored information, document retention programs, and the use of technology for collection, analysis, and production of ESI in discovery. Tom is the editor and publisher of Sidley’s monthly update on Notable Cases and Events in eDiscovery, where he collects recent and topical developments in eDiscovery disputes from courts around the United States.

Tom maintains an active pro bono practice, including representation of individuals in family law and immigration matters. He is a former member of the adjunct faculty at Columbia Law School, where he taught a course on legal writing and practice for several years.

Tom’s representative matters include:

Securities Litigation:

• Defense of JPMorgan Chase & Co. and affiliated entities and individuals in numerous actions alleging misrepresentations and omissions in connection with offerings of mortgage-backed and asset-backed securities.
• Defense of JPMorgan Securities LLC in two qui tam false claims actions alleging violations of state law in connection with the sale and marketing of municipal bonds.
• Representation of CNO Financial Group, Inc. and its officers and directors against a class action alleging violations of the Securities Exchange Act of 1934.

Engagements for Chinese clients:

• Defense of major Chinese oil company and affiliates in a US$1 billion AAA arbitration involving breach of contract claims in connection with an oil field development project.
• Represented Petrochina Company Ltd., a major state-owned oil company, and its officers against a class action alleging violations of the Securities Exchange Act of 1934 (motion to dismiss granted and upheld on appeal).
• Represented The China National Offshore Oil Corporation, a major state-owned offshore oil company, and its officers against a class action alleging violations of the Securities Exchange Act of 1934 (motion to dismiss granted and upheld on appeal).
• Represented the China Life Insurance Company (secured dismissal with prejudice) in a class action alleging violations of the Securities Exchange Act of 1934 stemming from the Company’s 2003 IPO, the world’s largest IPO in 2003.
• Represented China Valves Technology, Inc. in a class action alleging violations of the Securities Exchange Act of 1934.
• Represented Duoyuan Printing and its officers and directors in a class action alleging violations of the Securities Exchange Act of 1934.
• Represented the Audit Committee of a Chinese company in an SEC investigation and related civil action.
• Representing C-Suite executive of Chinese company in an SEC investigation and related civil action.

Antitrust Litigation:

• Defense of a major payment card issuer in consolidated antitrust actions brought by putative class of all U.S. merchants, as well as significant opt-out actions by large merchant plaintiffs.
• Defense of a global financial institution in multi-district litigation involving direct and putative class claims alleging price-fixing and manipulation of the LIBOR benchmark.
• Defense of a leading manufacturer of caustic soda in class action cases brought by direct and indirect purchasers claiming it participated in a price-fixing and supply reduction conspiracy.
• Defense of a major investment bank in consolidated antitrust action concerning credit default swaps.
• Defense of major publishing house in antitrust class action litigation brought by brick-and-mortar bookstores alleging violations of the federal antitrust laws in connection with the market for the sale of e-books.
• Defense of major daily newspaper in antitrust and fraud actions alleging that the newspaper granted preferential, highly discounted advertising rates to a “preferred” group of dealers, in exchange for agreements to discontinue a competing automobile advertising publication and to advertise exclusively in the defendant’s newspaper.

Commercial Disputes:

• Defense of the Options Clearing Corporation in an adversary proceeding related to Lehman bankruptcy and other civil actions alleging violations of the OCC’s rules.
• Defense of EMI Music in action alleging tortious interference with employment contract (secured dismissal with prejudice).
• Defense of major hedge fund in litigation seeking enforcement of guaranties in connection with various real estate investments.
• Defense of major hedge fund in litigation over a joint venture to own and operate aircraft.
• Defense of Fortunoff LLC in various adversary proceedings related to Chapter 11 bankruptcy proceeding.
• Defense of major telecommunications company in AAA arbitration involving breach of contract claims.

Regulatory Investigations and Internal Investigations:

• Represented major financial institution in investigations by the DOJ and the European Commission regarding swap trading.
• Conducted internal investigation re: allegations of related-party dealings at Singapore branch of major pharmaceutical corporation.
• Conducted litigation risk analysis re: life settlement portfolio for major financial institution.

Tom is a member of:

• The board of directors of Lower East Side Family Union, a non-profit organization that provides community-based services and family support to prevent foster care placement
• Sidley’s eDiscovery and Data Analytics group (and publisher of Sidley’s Notable Cases and Events in eDiscovery)
• The New York City Bar Association
• The New York State Bar Association

Tom maintains an active pro bono practice, including:

• Representing individuals in divorce and family court actions, including custody, child support, visitation, and order of protection proceedings
• Representing individuals seeking asylum in the United States in both affirmative and court proceedings
• Representing an author in a dispute regarding royalties
• Representing at trial an inmate who claimed to have been beaten when arrested in a Section 1983 excessive force case