Thomas I. Sheridan III - New York, NY

Overview

Thomas I. Sheridan III is a partner at Simmons Hanly Conroy in the Complex Litigation Department. Based in the New York office, he has more than 35 years of experience trying cases and arguing appeals in the state and federal courts in New York and throughout the country.

He has represented plaintiffs and defendants in trials and appeals involving a wide range of cases, including securities, fraud, fiduciary duties, products liability, contracts, intellectual property, unfair competition, professional liability, insurance, real estate, and employment. Mr. Sheridan is known for his careful analysis and thorough preparation of the case, well-written motions and briefs, and superior trial and oral argument skills.

Mr. Sheridan joined the firm as part of the 2014 merger of Simmons Hanly Conroy LLC and Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, which Mr. Sheridan joined as a named partner in 2004. Prior to 2004, Mr. Sheridan was a partner of Torys LLP, an international business law firm, where he had a mostly defense-oriented practice.

In addition to his trial and appellate practice, Mr. Sheridan has served as a mediator in numerous cases involving employment, contract, partnership, fiduciary duty, insurance, products liability, real estate, negotiable instruments and personal injury.

Background and Experience

Before entering private practice, Mr. Sheridan served for two years as a Law Clerk to the Honorable Thomas J Meskill of the U.S. Court of Appeals for the Second Circuit. Mr. Sheridan has often served by appointment of the Court of Appeals to represent appellants who cannot afford a lawyer.

Mr. Sheridan has three sons and resides in New York City with his wife Meg, a fund-raising professional who works with non-profit organizations.

Representative Cases

In investors rights and securities fraud cases, Mr. Sheridan has represented:

• An investor in a derivative action involving claims arising from a joint venture to finance Russian communications satellites. Reid v. Spazio, 970 A.2d 176 (Del. Sup. Ct. 2009) (en banc)
• Mutual fund investors in derivative and class action litigation against fund managers and advisors who illegally invested and lost tens of millions of dollars investing in off-shore Internet gambling companies, including, for example:
• Seidl v. American Century Cos., 10-cv-4152 (W.D. Mo.)
• Gomes v. American Century Cos., 14-cv-00283 (W.D. Mo.)
• Wodka v. Causeway Capital Management, No. B255454 (Cal. Ct. App.)
• Hartsel v. Vanguard Group, 13-cv-01128 (D. Del.)
• A state pension fund in an action against an independent auditor alleging securities fraud arising from the auditor’s failure to investigate an uncover a Ponzi scheme. Iowa Pub. Employees’ Ret. Sys. v. Deloitte & Touche LLP, 13-3951-CV, 2014 WL 998311 (2d Cir. Mar. 17, 2014)
• Venture capital investment funds prosecuting fraud and related claims arising from their investments in a medical device company. Easton Capital Management v. Rush, 09 Civ. 1307, 2011 WL 3809927 (S.D.N.Y. 2011)
• Public companies victimized by “death spiral” financing schemes, including, for example, ATSI Communications, Inc. v. Levinson, 493 F.3d 87 (2d Cir. 2007)
• Investors prosecuting claims for breach of contract and breach of fiduciary duty in connection with a conspiracy to deprive them of their interest in a joint venture. Richbell Information Services, Inc. v. Jupiter Partners L.P., 309 A.D.2d 288, 765 N.Y.S.2d 575 (1st Dep’t 2003)
• An issuer of securities defending securities fraud class action litigation. In Re MTC Electronic Technologies Shareholder Litigation, 329 F.3d 297 (2d Cir. 2003)

In products liability matters:

• Mr. Sheridan is a member of the firm’s team of lawyers prosecuting multi-district litigation arising from Transvaginal Mesh, including:
• In re Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL 2327
• In re C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation, MDL 2187
• In re American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation, MDL 2325
• In re Boston Scientific Corp. Pelvic Repair System Products Liability Litigation, MDL 2326
• In re Coloplast Corp., Pelvic Support Systems Products Liability Litigation, MDL 2387
• Mr. Sheridan was a member of the firm’s team of lawyers who prosecuted In Re Yasmin and YAZ (Drospirenone) Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 2100
• Mr. Sheridan was a member of the firm’s team of lawyers who prosecuted class action litigation against Toyota Motor Corporation arising from sudden unintended acceleration. In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, 10-ml-02151
• Mr. Sheridan is one of the firm’s four lawyers who represented Turner & Newall PLC in asbestos-related litigation. In Chase Manhattan Bank, N.A. v. Turner & Newall PLC, 964 F.2d 159 (2d Cir. 1992), Mr. Sheridan secured a writ of mandamus to restrain the district judge, who had ordered the production of attorney–client privilege materials pursuant to an “attorneys-eyes-only” procedure. Mr. Sheridan was T&N’s lead trial counsel in. Turner & Newall PLC v. Canadian Universal Ins. Co., 87 Civ. 1027 (S.D.N.Y.).
• Mr. Sheridan served as New York counsel to Glidden Company and SCM Corp. in their defense of lead paint litigation.

In business litigation matters, in addition to cases listed above, Mr. Sheridan has represented:

• Worker’s compensation insurance policyholders prosecuting claims of fraud and racketeering in In Re: AIG Workers Compensation Insurance Policyholder Litigation, MDL No. 2519.
• Purchasers of tickets to entertainment events prosecuting a putative class action arising from illegal sale of non-transferrable paperless tickets. Pires v. Bowery Presents, Index No. 652312/13 (N.Y. Co. Sup. Ct.).
• Small business owners prosecuting putative class actions for fraud and breach of contract arising from merchant credit card services and leasing of credit card swiping equipment. Simington v. Lease Fin. Grp., LLC, 10 CIV. 6052 KBF, 2012 WL 6681735 (S.D.N.Y. 2012)
• An art gallery prosecuting claims of breach of contract and breach of fiduciary duty against an auction house arising from disputed claims of attribution of a work of art under the Federal Visual Artists Rights Act. Marc Jancou Fine Art Ltd. v. Sotheby’s, Inc., 107 A.D.3d 637, 638, 967 N.Y.S.2d 649 (2013).
• An international holding company defending indemnification claims arising from intellectual property litigation. WagerLogic Limited v. Paramount Digital Entertainment, 11-cv-04310-KBF (S.D.N.Y.)
• An automotive parts distributor prosecuting an action to enforce a non-competition agreement against a former executive. ATC Distribution in ATC Distribution Group, Inc. v. Conroy (Ala. Sup. Ct. 2007).
• Merrill Lynch in Gillon v. Merrill Lynch Interfunding, Inc., 221 A.D.2d 234, 633 N.Y.S.2d 956 (1st Dep’t 1995), defending an action by a former CEO seeking damages and declaration of invalidity of a non-competition provision in a management contract and prosecuting counterclaims for breach of the non-competition clause, misappropriation of corporate opportunity, breach of management services agreement, fraud and mismanagement.
• A famous New York City pizzeria in Patsy’s Brand, Inc. v. I.O.B. Realty, Inc., 317 F.3d 209 (2d Cir. 2003), in securing an appellate modification of an injunction in a trademark action.
• The petitioning creditors in an involuntary bankruptcy proceeding that arose from a purchasers’ default under a stock sale agreement. In re Sutton, 99-10630/1 (S.D.N.Y.).
• A corporation prosecuting fraud and related claims arising from the purchase of a corporate division. Thermo Electric Wire & Cable, LLC v. Thermo Electric Co, Inc., Docket No. L-8429-99 (N.J. Sup., Bergen Co.).
• A medical equipment maintenance and repair services provider prosecuting an action against a competitor and former executive for breaches of contracts and fiduciary duties and for unfair competition. Serviscope Corporation v. Swissray International, Inc., Index No. 605091/97 (N.Y. Sup. Ct., N.Y. Co.).
• Anonymous parties prosecuting and defending False Claims Act (“whistleblower”) actions in New York, Texas and Virginia.

In employment-related matters, in addition to cases listed above, Mr. Sheridan has represented:

• An international securities firm defending claims for discrimination in federal court and for breach of contract before the New York Stock Exchange. Ferrand v. Credit Lyonnais, 110 Fed.Appx. 160 (2d Cir. 2004); Alban-Davies v. Credit Lyonnais Securities, 2002 WL 498630 (S.D.N.Y. 2002).
• A printing company defending gender discrimination claims. Kalathakis v. Vanguard Group of Printing Companies, Inc., Index No. 2413/92 (N.Y. Sup. Ct., N.Y. Co.).

Publications and Presentations

• “Disloyal Employees Risk All,” New York Law Journal, February 23, 2004.
• “When Attorney–Client Privilege Fails to Shield,” New York Law Journal, June 23, 2003.