Thomas J. Fleming
Top rated Business Litigation attorney in New York, New YorkOlshan Frome Wolosky LLP
Practice Areas: Business Litigation, Securities Litigation
Licensed in New York since: 1979
Education: New York University School of Law
A tenacious and talented trial lawyer with decades of experience in commercial litigation, Thomas Fleming has achieved winning results for corporate clients on multimillion-dollar claims and has defeated eight-figure claims asserted against his clients in the state and federal courts throughout the U.S.
From single-plaintiff cases to class actions, Tom’s lawsuits have spanned industries and complex issues. As lead counsel in dozens of trials and numerous appeals, Tom has favorably resolved wide-ranging complex cases through early case dismissals, at trial, on appeal, in ADR proceedings, and at the negotiating table.
Tom’s experience ranges from corporate governance disputes, to contests for corporate control, to cases for investment fund clients seeking to enforce their rights, and to complex real estate disputes. He has litigated many of the most significant reported cases involving proxy laws. He routinely handles capital markets cases involving complex financial instruments.
In each instance, Tom learns the facts, gains an understanding of the challenges his clients face, and assesses the risks and rewards of litigation. Then he devises results-driven strategies to achieve a successful outcome. With decades of experience, he knows the courts, has a deep understanding of the laws, and has insight into the arguments that work best. Tom recently won the first case to dismiss a Section 16 short swing profits claim on the basis of standing under the U.S. Constitution.
Tom regularly practices before the Financial Industry Regulatory Authority (FINRA) and the American Arbitration Association (AAA), where he has served as an arbitrator in complex securities matters.
Tom is a co-author of New York Commercial Litigation Guide, a practical, task-oriented guide to commercial litigation.
First Admitted: 1979, New York
Professional Webpage: http://www.olshanlaw.com/attorneys-Thomas-Fleming.html
- Recognized for Litigation since 2020, The Best Lawyers in America®
- J.D., New York University School of Law, cum laudeOrder of the Coif Articles Editor, Annual Survey of American Law, 1978
- B.A., Brandeis University, summa cum laude, Phi Beta Kappa, 1975
- U.S. Tax Court, 1991
- U.S. Court of Appeals, Second Circuit, 1984
- New York, 1979
- U.S. Court of Appeals, Third Circuit, 2004
- U.S. Court of Appeals for the Federal Circuit, 1985
- U.S. Court of Appeals for the District of Columbia and U.S. District Court for the District of Columbia, 1980
- U.S. Supreme Court, 1989
- U.S. District Court, Southern and Eastern Districts of New York, 1981
- The Harvard Law School Forum on Corporate Governance published an article authored by Ron S. Berebnlat, Adrienne M. Ward, and Thomas J. Fleming entitled "Effective Delegation in Advisory Agreements." The article discusses a recent court ruling in the Packer ex rel 1-800-Flowers.com v. Raging Capital management, LLc, 2020 WL 6844063, _F.3d_ (2d Cir. Nov. 23, 2020) case., Co-Author, Effective Delegation in Advisory Agreements, Harvard Law School Forum on Corporate Governance, 2021
- Super Lawyers: 2007 - 2023