Thomas P. Ogden

Thomas P. Ogden, Partner

Litigation & Dispute Resolution Group

Thomas Ogden joined the Firm in October 2011. From 1983 to 2011, he was an associate and then a partner at Davis Polk & Wardwell. He has nearly 30 years experience in securities litigation and enforcement, bankruptcy litigation, antitrust litigation, corporate internal investigations, and other commercial litigation.

Education

Tom received his J.D. degree in 1982 from The University of Chicago Law School, where he graduated Order of the Coif and was an Editor of the Law Review, as well as Hinton Moot Court Champion. He received a B.A. degree in History (cum laude) in 1978 from Princeton University.

Illustrative Professional Experience

  • Represented investment bank as plaintiff in 2010 New York state court action to enforce gas and currency swaps with Mexican industrial counterparty; summary judgment for plaintiff.
  • Represented private equity sponsor as defendant in 2010 Minnesota federal court fraudulent conveyance action arising out of portfolio company bankruptcy; settled favorably following mediation.
  • Represented investment bank as plaintiff in obtaining restraining order in New York state court action for fraud against private equity investor, and in related foreign ancillary proceedings in New Jersey Bankruptcy Court. In re Grand Prix Associates Inc., 2009 Bankr. LEXIS 1779 & 2009 Bankr. LEXIS 1239 (Bankr. D.N.J. 2009).
  • Represented bank group defendants in expedited discovery and trial of claims arising out of the leveraged buyout of Clear Channel Communications. BT Triple Crown Merger Co. v. Citigroup Global Markets, Inc., 862 N.Y.S. 813 (N.Y. Sup. Ct. 2008).
  • Represented Prudential Insurance and various officers in 2002-07 New Jersey state securities action arising out of sub-prime mortgage-backed securities issued by former subsidiary; settled favorably following denial of class certification and dismissal of statutory claims.
  • Represented investment bank in securities class action claims based on fairness opinion; all claims dismissed. In re Global Crossing Ltd. Securities Litigation, 313 F. Supp. 2d 189 (S.D.N.Y. 2003)
  • Represented investment bank and individual officers in Texas state court fiduciary duty action arising out of bankruptcy of Ameriserve Inc.; favorably settled following dismissal of individual defendants. Rittenmeyer v. Grauer, 104 S.W. 3d 725 (Tex. Ct. App. 2003).
  • Represented investment bank and individual officers in trial of securities law claims in New York federal court arising out of bankruptcy of Ameriserve Inc. Morgens, Waterfall v. Donaldson Lufkin & Jenrette Securities Corp., 198 F. Supp. 2d 432 (S.D.N.Y. 2002).
  • Represented investment bank in 1998-99 Indiana federal court action for securities fraud arising out of sub-prime mortgage-backed securities issued by subsidiary; settled favorably following judicial mediation.
  • Represented National Westminster Bank in antitrust boycott action by check cashing service; all claims dismissed on motion for summary judgment. Capital Currency Exch. v. National Westminster Bank, 155 F. 3d 603 (2d Cir. 1998).
  • Represented Domino’s Pizza as defendant in price-fixing and monopolization action by franchisee group; lawsuit dismissed for failure to state a claim. Queen City Pizza, Inc. v. Domino’s Pizza, Inc., 124 F. 3d 430 (3d Cir. 1997).
  • Represented officers and directors of General Electric in shareholder derivative action for alleged waste in connection with campaign financing activities; all claims dismissed on motion for summary judgment. Stern v. General Electric Co., 23 F. 2d 746 (2d Cir. 1994).
  • Represented Bahamian provisional liquidator as plaintiff in New Jersey bankruptcy court ancillary proceeding to recover fraudulent investment in debtor. In re Emerson Radio Corp., 52 F. 3d 50 (3d Cir. 1995).
  • Represented Kidder Peabody Inc. and General Electric in 1992-93 internal investigation and SEC proceedings arising out of the Joseph Jett trading scandal.
  • Represented LTV Steel as debtor in various bankruptcy litigations. In re LTV Steel Company, 154 B.R. 29 (Bankr. S.D.N.Y. 1993) (valuation of security interest in steel plants); In re LTV Steel Company, 126 B.R. 165 (Bankr. S.D.N.Y. 1993) (valuation of PBGC contingent claim for pension benefits).

Articles

  • Federal Securities Statutes Trip Up Many – But Individual Fraud Suits Booming in State Courts, 8 Securities Reform Act Litigation Reporter 677 (February 1, 2000)
  • Mutual Funds Confront Dilemmas in Trying to Value Portfolios, New York Law Journal (December 15, 1997)
  • The Private Securities Litigation Reform Act of 1995: Civil RICO Reform, PLI Conference (February 26, 1996)
  • The SEC’s New Rules of Practice, New York Law Journal (August 3, 1995)
  • The SEC Proposes New Rules of Practice, New York Law Journal (February 22, 1994)
  • Aiding and Abetting Liability in SEC Enforcement Actions, New York Law Journal (December 6, 1993)
  • Other Activities Director, 2 East 98th Street Corporation (1993-1996); Trustee, Lower Eastside Service Center (1985-1992 & 2010-date); Chair, Parents Committee, Davidson College (2010-2011)