Jack Thomas splits his time between Crowell & Moring's New York and London offices, and is the managing partner of the London office. Jack is a member of the Litigation, Insurance/Reinsurance, and International Dispute Resolution groups, and sits on the firm's steering committees for the Litigation & Trial Department and the Litigation Group. He is a seasoned trial and appellate lawyer who represents clients in a variety of complex commercial matters, including international commercial disputes, insurance and reinsurance disputes, with a focus on professional liability coverage disputes, enforcement of foreign judgments, and disputes arising from financing transactions and mergers and acquisitions. Jack has litigated and tried cases in multiple federal and state courts, including international disputes with parallel proceedings, and has represented a broad spectrum of clients, including London market insurers, financial institutions, and other companies, both U.S. and foreign, many of which are listed as Fortune 500 companies. Jack has argued appeals in state and federal courts throughout the country, including in New York, Delaware, Illinois and Massachusetts. Jack is licensed to practice in England and Wales.
Jack has also handled various types of arbitrations, both international and domestic, including those relating to acquisition agreements and accounting disputes. Jack has particular experience representing clients in connection with the enforcement of foreign judgments, as well as in matters seeking provisional remedies, including the seizure of property and injunctions. Jack is also experienced in representing clients in energy-related matters.
Professional Liability/Specialty Lines Coverage Litigation
- Represent London market insurers in the context of coverage issues in various professional liability matters, including in the architects and engineers, health care, legal malpractice, and technology and media areas.
- Represented various London market insurers in a professional liability coverage dispute against the bankruptcy estates of Stone & Webster concerning the decommissioning of the Maine Yankee nuclear facility. The case settled on favorable terms following four weeks of a five-week jury trial.
- Acting at the request of a large European insurer, represented a British law firm sued for alleged RICO violations in connection with its role in a series of film financing transactions.
- Represent a large domestic insurer in coverage litigation arising out of underlying "Clean Room" litigation.
- Represented a reinsurer in a dispute with its retrocessionaire regarding the reinsurer's ability to increase premiums on a large book of yearly renewable term life insurance.
- Advised reinsurance company on litigation strategy for class action involving cost of insurance (COI) charges in life insurance policies.
- Represented reinsurer in connection with various third-party subpoenas in COI class actions.
- Argued and won, on behalf of the appellant/cross-appellee, an appeal before the New York Supreme Court, Appellate Division, 1st Department, of a decision denying (in part) our client’s motion for summary judgment on plaintiff’s sole remaining claim for breach of contract, thus obtaining an order on appeal entering judgment in our client’s favor.
- Argued and won, on behalf of the appellant, two appeals before the Delaware Supreme Court on class certification issues.
- Argued and won, on behalf of the appellee, an appeal before the New York Supreme Court, Appellate Division, 1st Department, of a decision granting a motion to dismiss various business torts; argued and won our client’s cross-appeal of the denial of one aspect of that same motion.
- Argued and won, as appellee, an appeal before the Second Circuit of a motion by the Republic of Argentina to dismiss our client’s petition seeking confirmation of an ICSID arbitration award.
- Argued before the Appellate Court of Illinois, First Judicial District, the appeal of decisions issued by the trial court concerning the interpretation of a settlement agreement.
- Argued, as appellee, before the Commonwealth of Massachusetts Appeals Court an appeal of a decision dismissing Ch. 934 and tortious interference claims.
- Argued and won, as appellee, an appeal before the New York Supreme Court, Appellate Division, 1st Department, of a decision granting a motion for summary judgment, as well as a decision granting a motion to strike the adversary’s putative expert disclosures.
Enforcement of Foreign Judgments
- Represented Duke Energy in its effort to enforce an ICSID arbitration award against the Republic of Peru. Defeated Peru's motion to dismiss and thereafter obtained judgment.
- Represented Blue Ridge Investments in an action to recognize an ICSID arbitration award rendered against the Republic of Argentina. Defeated Argentina's motion to dismiss, and then argued and prevailed on Argentina's appeal to the Second Circuit.
- Represented QuadraMed and its directors in cases brought by QuadraMed's common and preferred shareholders in Delaware Chancery Court to enjoin the sale of the company. Obtained a complete victory for the clients when the Chancery Court issued a comprehensive ruling denying the plaintiffs' motion to enjoin the sale, which then closed following a successful shareholder vote.
- Represented two of three shareholders of a closed corporation in a fight for control over the company. The case settled on favorable terms after obtaining a TRO from the Commercial Division of the New York Supreme Court.
- Represented one of the founding members of a securities brokerage firm in a fight over control of the firm.
Financial Institution Litigation
- Represented JPMorgan Chase Bank in a series of insurance coverage and fraud disputes, pending in numerous jurisdictions, including New York, Texas, London and Australia, against multiple international insurance companies concerning insurance-backed motion picture financing transactions. These cases required close coordination of parallel proceedings in New York and London, and included taking cases through jury trials and appeals in New York while simultaneously litigating the same legal issues up through the House of Lords in London.
- Represented a large financial institution in a jury trial in the SDNY concerning stock options.
- Represented a large financial institution in a class action in Delaware relating to the on-line trading of securities. Obtained a reversal from the Delaware Supreme Court of a trial court's partial certification of a class action.
- Member of the team that represented Merrill Lynch in connection with serious claims arising out of the Orange County bankruptcy.
- Represented a private equity firm in breach of contract and business tort litigation arising out of the acquisition of a Midwestern automotive parts manufacturer. Obtained a dismissal of various business torts, prevailed in the appeal of that decision in the New York Supreme Court, Appellate Division, 1st Department, and later obtained a dismissal of the remaining breach of contract claim on a motion for summary judgment.
- Represented multiple companies in various breach of contract/business tort cases in state and federal courts.
- Represented multiple entities, including private equity firms, in connection with third-party discovery disputes.
- Represent a global petroleum and petrochemical trading company in multiple U.S. and international contract disputes involving the purchase or sale of biodiesel fuel, chemicals, and other energy products.
- Represented an international energy services company in an action to seize gas turbine power generators it had purchased from a power facility in upstate New York. The case settled on completely favorable terms after obtaining an order to show cause.
- Represented an international energy service provider concerning offshore drilling facilities in Brazilian waters.
Post-Closing Adjustment Disputes
- Various representations of companies in post-closing disputes. Examples include the representation of a seller of a health care related business in connection with allegedly necessary price adjustments following the sale of the business, and the representation of a U.S. company against a French company in an arbitration concerning allegedly necessary price adjustments on inventory following the client's sale of its manufacturing operations.
In 1986, Jack received his B.A. from Miami University, and in 1992, Jack earned his J.D., cum laude, from Quinnipiac University School of Law. Jack was an associate editor and a member of the Law Review. Jack was a recipient of multiple academic achievement awards, including the American Jurisprudence Book Award in Evidence. Following law school, Jack served as a law clerk to Senior Judge Warren W. Eginton of the U.S. District Court for the District of Connecticut. Jack is an active member of the International Bar Association and has served as an officer of the Litigation Committee. Jack is also a member of the Federal Bar Council.
Admitted to practice: New York, New Jersey, Connecticut, England and Wales
- Member, International Bar Association; Co-Chair of Litigation Conference in New York, May 2012
- Member, Federal Bar Council
Highlights, News & Knowledge
Speeches & Presentations
"The Latest U.S. Financial Institutions Litigation and Regulatory Developments, and the Impact on FI Insurance," C5 Insurance Forum, London, England
Presenter: Jack Thomas
"Turning Your Foreign Judgment into Cash: How to Enforce Judgments (and Prevent Their Enforcement) Around the World," IBA Litigation Conference
Moderator: Jack Thomas.
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