W. Todd Thomas
t: 954 356 0011
f: 954 356 0022
Areas of Practice
Yale Law School, J.D., 1993
The George Washington University, M.A., National Security Studies, 1989; School of International Affairs Fellowship
University of Florida, B.A. , Political Science, 1986; Phi Beta Kappa; Presidential Honor Roll; Post-Baccalaureate Study; Adam Mickiewicz Univ., Poznan, Poland
Hon. Jose A. Gonzalez, United States District Court for the Southern Districit of Florida, 1993-1995
Florida and District of Columbia
Todd Thomas's main practice areas are litigation and international and domestic arbitration.
Mr. Thomas has litigated a variety of cases in a number of industries: computer, telecommunications, utilities, entertainment, power generation, construction, consumer products, agricultural products, security, financial, and banking. His arbitration experience includes arbitrations under the UNCITRAL, ICC, LCIA, AAA, JAMS, and NASD rules. Mr. Thomas also has practiced in the area of international trade, assisting in the representation of clients before the United States Department of Commerce and the International Trade Commission.
Mr. Thomas' litigation experience includes substantial involvement in the following cases:
- successfully defending Barclays Capital against $13 billion claims by Lehman Brothers Holding Inc. and the Lehman Creditors Committee arising out of the Lehman Brothers bankruptcy and sale of Lehman assets to Barclays;
- successfully defending The Bank of New York Mellon against a $22.5 billion RICO claim filed by the Russian Federal Customs Service in the Moscow City Arbitrazh Court. The widely publicized case was settled for $14 million (less than 1/10 of 1% of claimed damages);
- obtaining a record-breaking $4 billion recovery for American Express in its antitrust case against Visa and MasterCard;
- obtaining the dismissal of a major international case brought in the U.S. against the French Republic under the Foreign Sovereign Immunities Act;
- successfully defending a national service company against a nationwide injunction sought on the basis of alleged antitrust violations and, later, securing summary judgment on all federal and state claims;
- obtaining a ruling by the Federal Energy Regulatory Commission (FERC) on behalf of the State of Connecticut that the shutdown of a nuclear power plant was caused by the utility's imprudence and rejecting a $426 million decommissioning estimate;
- obtaining the vacatur of a $1.4 billion foreign judgment against U.S. companies, while obtaining an award on the same claims in parallel international arbitration dismissing those claims and instead awarding damages to the U.S. companies, obtaining confirmation of the arbitral award in U.S. courts, and then obtaining dismissal of the case in the foreign country;
- successfully defending a prominent industry leader in a multi-billion dollar antitrust case by obtaining summary judgment dismissing all claims (despite an adverse preliminary injunction ruling prior to BSF involvement);
- obtaining a $40 million international arbitral award in London on behalf of a company that operates a computer reservations system;
- successfully defending a prominent U.S. company against a $200 million claim arising from the shutdown of a Chinese power plant;
- obtaining settlement for a prominent comedian and actor in a breach of fiduciary duty lawsuit brought against the comedian's former manager
- obtaining a $13 million arbitration award in an insurance coverage dispute;
- obtaining successful settlements in large cases involving intellectual property and international commercial disputes.
Mr. Thomas worked in the firm's Washington, D.C. office from 1998 to 2000 and became a partner in 2000. Prior to joining Boies, Schiller & Flexner LLP, Mr. Thomas was an associate at the law firm of Kaye, Scholer, Fierman, Hays & Handler LLP, where he worked in litigation and international trade. While working for the United States Department of State (Office of Strategic Technology) in 1989, Mr. Thomas held a Top Secret security clearance and worked on U.S. export regulations and missile technology and supercomputer export matters.
BSF Wins Court Battle for Barclays in Lehman Purchase Suit (Firm Newsletter Spring 2011)
Firm Report: July 2008 (07.28.2008)
Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)
Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)
Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)
Government ServiceForeign Service Intern, United States Department of State