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Whitman Breed Abbott & Morgan LLC

Full-Service Law Firm Based in Greenwich, CT

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Saggese,
Gerard N. III

August 11, 2017 by admin

Rod is a Partner in the Firm’s Litigation Department and practices in the areas of commercial litigation, general civil litigation and intellectual property litigation. He has represented clients from a variety of industries in a broad range of litigation matters before trial and appellate courts on the state and federal level, as well as before administrative bodies.

Rod’s commercial and general litigation experience includes: commercial disputes based in breach of contract, business torts and fraud; partnership disputes and internal business disputes; construction disputes and mechanic’s liens; commercial and residential landlord-tenant disputes; fiduciary litigation involving corporate officers, trustees and executors; real estate disputes and contested issues involving real property and title claims; plaintiff’s personal injury matters; and employment disputes, including enforcement and defense of restrictive covenants in employment and severance agreements.

Rod’s intellectual property litigation experience includes disputes concerning trademark infringement, unfair competition, copyright infringement, misappropriation of trade secrets, defamation and license agreement disputes. Rod also handles trademark opposition and cancellation proceedings before the Patent and Trademark Office Trademark Trial and Appeal Board.

From his work in the employment area, Rod also has experience drafting and negotiating employment-related agreements, including employment, separation, severance and restrictive covenant agreements.  In similar vein, from his work in the construction area, Rod also has experience drafting and negotiating construction contracts for property owners, contractors and architects.  Rod also provides antitrust counseling to various trade associations, including associations involved in the building materials, distribution, environmental, print and forest and paper products industries.

Prior to joining the firm in 2004, Rod was associated with the international law firm of White & Case LLP, where he worked in the Intellectual Property Group of the Litigation Department in New York City. Thereafter, Rod was associated with Entwistle & Cappucci LLP, where he worked in the Commercial Litigation Department in its New York City office.

Rod grew up in Greenwich and resides there now with his wife and children.

Professional & Community Affiliation

  • Fairfield County Bar Association (President, 2016-17; Executive Committee, 2013-2018; Board of Directors, 2010-2018; Member of Bar since 2006)
  • Greenwich Bar Association (President, 2009-2010; Executive Committee, 2004-2010; Member of Bar since 2004)
  • Connecticut Council of Bar Presidents (Member, 2009-2010, 2016-2017)
  • Connecticut Bar Association (Member since 2000)
  • Greenwich Emergency Medical Service, Inc. (“GEMS”) (Chairman of the Board, 2022; Executive Committee, 2018-2022; Board of Directors since 2014)
  • The Old Timers Athletic Association of Greenwich (President, 2021-2022; Executive Committee, 2015-2022; Board of Directors since 2012)
  • Greenwich Point Conservancy (Board of Directors since 2015; Advisory Board 2012-2014)
  • Greenwich Chamber of Commerce (Board of Directors since 2017)
  • Silver Shield Association Education Fund (Board of Directors since 2017)
  • Town of Greenwich Community and Police Partnership, East Side Sector (Member since 2008)
  • Harpoon Club (Member since 2020)

Honors & Recognition

  • Connecticut Super Lawyer®, General Litigation, 2016 & 2019-2022. See selection information at http://www.superlawyers.com/connecticut/selection_details.html
  • Recognized in Greenwich Magazine’s Top Lawyers in Fairfield County for Civil Litigation, 2021
  • New England Super Lawyer®, Rising Star, General Litigation, 2011-2014. See selection information at http://www.superlawyers.com/connecticut/selection_details.html
  • Connecticut Super Lawyer®, Rising Star, General Litigation 2011-2014. See selection information at http://www.superlawyers.com/connecticut/selection_details.html
  • Syracuse University College of Law, Alumni Career Spotlight Program, 2010-2011
  • Law Review, Syracuse University College of Law, 1997-1999
  • Moot Court Honor Society, Syracuse University College of Law, 1997-1999

Sample Reported Decisions

  • SR Holdings I, LLC v. Cannavo, 2018 WL 2727390 (Conn. Super. May 15, 2018).
  • Altenergy Cyber, LLC v. Blackridge Tech. Holdings, Inc., 2017 WL 4653054 (Conn. Super. Sept. 5, 2017).
  • Carpets Plus, Inc. v. New Rochelle Carpet, Inc., 90 Mass. App. Ct. 1103 (2016).
  • Benedetto v. Dietze & Assocs. LLC, 159 Conn. App. 874 (2015).
  • Law Offices of Frank N. Peluso, P.C. v. Estate of Zanette, 2014 WL 1345246 (Conn. Super. March 11, 2014).
  • Benedetto v. Dietze & Assocs. LLC, 2014 WL 1814284 (Conn. Super. Apr. 10, 2014).
  • Lee v. AIG Casualty Co., 919 F. Supp. 2d 219 (D. Conn. 2013).
  • Caires v. Bueti Development Corp., 2012 WL 3007487 (Conn. Super. June 21, 2012).
  • Stuart v. Snyder, 125 Conn. App. 506 (2010), cert. denied, 300 Conn. 921 (2011).
  • Wells Fargo Bank v. Treglia, 2011 WL 3672037 (Conn. Super. July 25, 2011).
  • Gatto v. Town of Greenwich Planning & Zoning Comm’n, 2008 WL 5650849 (Conn. Super. Nov. 19, 2008).
  • Harmon v. Pearson, 2007 WL 1321680 (Conn. Super. April 24, 2007).
  • Bridgeport Capital Services, Inc. v. Ruby Tuesday, Inc., 6 Misc.3d 50, 790 N.Y.S.2d 809 (Sup. Ct. App. Term 2004).
  • Discovery Communications, Inc. v. Animal Planet, Inc., 172 F. Supp. 2d 1282 (C.D. Cal. 2001).

Rosenthal,
Rosanna S.

August 11, 2017 by admin

Rosanna is an associate in the Firm’s Trusts and Estates Department. She represents individual clients in estate planning matters, including gift, estate and generation-skipping transfer tax planning; the preparation of wills, trusts, powers of attorney, living wills and related documents; and the administration of estates and trusts. Prior to joining Whitman Breed, Rosanna practiced litigation and family law at a mid-sized firm in Stamford.

Professional & Community Affiliation

  • Connecticut Bar Association
  • Fairfield County Bar Association
  • Greenwich Bar Association

Honors & Recognition

  • Connecticut Super Lawyer® 2019 (Rising Star – Estate Planning and Probate). See selection information at http://www.superlawyers.com/connecticut/selection_details.html

Riley,
James C.

August 11, 2017 by admin

Jim is Co-Chair of the Firm’s Litigation Department. He has practiced in the areas of commercial, real property and employment litigation since 1985. Jim has represented business entities and individuals in a wide range of matters, including multi-million dollar contract disputes and related tort claims, construction disputes (representing construction professionals, contractors and owners), employment-related disputes (including trade secret, restrictive covenant, fiduciary duty and discrimination claims), and First Amendment matters (defamation and related claims). Jim has tried cases to conclusion before the state and federal courts of Connecticut and New York, conducted numerous mediations and arbitrations, and handled appeals to the Connecticut Appellate and Supreme Courts and the Second Circuit Court of Appeals. He has testified as an expert witness on various aspects of Connecticut law, including before the High Court of Justice, Chancery Division (London) on the subject of Connecticut law governing the construction of commercial contracts, the rights and obligations of debtors and creditors in commercial relationships, and other guaranty-related issues. Jim has also been engaged as a mediator by parties seeking to resolve civil disputes.

Professional & Community Affiliation

  • Connecticut Bar Association
  • Fairfield County Bar Association (Board of Directors, 2017-2021)
  • Board of Directors, Fairfield County Bar Foundation (2021-present)
  • Greenwich Bar Association
  • Special Master, Connecticut Superior Court
  • Lawyers for Children of America, Volunteer Attorney

Honors & Recognition

  • AV Preeminent Rating, Martindale-Hubbell® Peer Review Ratings™
  • Recognized as one of The Best Lawyers in America for the practice area of Commercial Litigation, 2020-2022.  See selection methodology at https://www.bestlawyers.com/Methodology
  • Connecticut Super Lawyer® 2015-2020 (Business Litigation). See selection information at http://www.superlawyers.com/connecticut/selection_details.html
  • Recognized in Greenwich Magazine’s Top Lawyers in Fairfield County for Commercial Litigation, 2021
  • Connecticut Bar Foundation, James W. Cooper Fellow

Publications & Presentations

  • Editor, American Criminal Law Review, 1984-85

Representative Litigation

Representation of large construction management company in defense of $20 million claim by State of Connecticut arising from construction of correctional facility.

Successful defense of Connecticut-based asset manager and its majority shareholder on $20 million claim for breach of contract and breach of fiduciary duty.

Successful arbitration of claims for breach of contract and breach of fiduciary duty by former member of broker-dealer, arising from respondents’ refusal to liquidate member’s capital account upon his resignation from the firm.

Successful arbitration of claims on behalf of former owners of list management company for balances due on notes in connection with sale of business, and defense of counterclaims asserting misrepresentations and breaches in connection with asset purchase agreement.

Representation of former shareholders of insolvent management consulting firm in adversary proceedings by bankruptcy trustee, seeking to clawback payments on promissory notes.

Representation of national bank in defense of lender liability claims.

Sample Reported Decisions

  • Zuro v. Town of Darien, 2020 WL 127703 (D. Conn.)
  • Ladd v. Foley, 2020 WL 5607778 (Conn. Super. Aug. 24, 2020)
  • SBD Kitchens, LLC v. Jefferson, 157 Conn. App. 731, cert. denied, 319 Conn. 903 (2015); 2015 WL 425156 (Conn. Super. 2015); 2013 WL 6989409 (Conn. Super. 2013); 2012 WL 4801368 (Conn. Super. 2012)
  • Porter Capital Corporation v. Masters, Claim No. HC 12 T00556 (High Court of Justice, Chancery Division, London, Dec. 13, 2013) (expert witness testimony)
  • Nowacki v. Town of New Canaan, 2013 WL 785355 (D. Conn. 2013)
  • Weinberger v. Shaw, 2012 Conn. Super. LEXIS 3191 (Conn. Super. 2012)
  • Citibank, N.A. v. Marholin, 2012 WL 1434901 (Conn. Super. 2012)
  • McCoy v. Brown, 130 Conn. App. 702 (2011), 2011 WL 3506149 (Conn. Super. 2011), and 2010 WL 1233816 (Conn. Super. 2010)
  • Mara v. Otto, 127 Conn. App. 404 (2011), 2009 WL 532202 (Conn. Super. 2009) and 2009 WL 3285075 (Conn. Super. 2009)
  • Loeb v. Blue Star Jets, LLC, 2009 WL 4906538 (S.D.N.Y. 2009)
  • Failla v. Kripki, 2008 WL 5216298 (Conn. Super. 2008)
  • Harmon v. Pearson, 2007 WL 1321680 (Conn. Super. 2007)
  • Gattegno v. PricewaterhouseCoopers, LLP, 204 F.R.D. 228 (D. Conn. 2001), 205 F.R.D. 70 (D. Conn. 2001)
  • Bryan v. William M. Mercer, Inc., 76 F.Supp.2d 198 (D. Conn. 1999)
  • Itoba Limited v. LEP Group PLC, 54 F.3d 118 (2d Cir. 1995), cert. denied, 516 U.S. 1044, 116 S. Ct. 702, 133 L. Ed. 2d 659 (1996); 32 F.Supp.2d 516 (D. Conn. 1999)
  • Vanacore v. Kennedy, 86 F.Supp.2d 42 (D. Conn. 1998)
  • Rogen v. Memry Corp., 886 F. Supp. 393 (S.D.N.Y. 1995)
  • Tuttle v. Fahnestock & Co., Inc., 1992 WL 16945 (Conn. Super. 1992)

Pieterse,
Charles W.

August 11, 2017 by admin

Charlie is Co-chair of the Firm’s Litigation Department and leads the Firm’s Trust and Estate’s litigation group. Charlie has over 35 years of litigation experience with Whitman Breed and its predecessor firms, including Whitman Breed’s former Manhattan office. Charlie has represented clients before state and federal trial and appellate courts, probate courts and administrative bodies in a broad range of matters, including trusts and estate litigation, complex business and commercial litigation, and commercial lending litigation.

Charlie’s trusts and estate litigation experience includes representation of corporate and individual trustees, executors, beneficiaries, conservators, guardians and attorneys-in-fact, and service as a guardian ad litem or court-appointed attorney, in disputes involving all aspects of probate and trust and estate litigation, including breach of fiduciary duty claims, trustee surcharge and removal proceedings, contested accountings, will and trust contests, construction and decanting proceedings, conservatorship and guardianship proceedings and contested lifetime transfers.

Professional & Community Affiliation

  • American Bar Association
  • Connecticut Bar Association
    • Estates & Probate Section (Executive Committee)
    • Litigation Section
    • Connecticut Bar Foundation: James W. Cooper Fellow
  • American College of Trust and Estate Counsel
  • Fairfield County Bar Association
  • Greenwich Bar Association (President, 2004-05; Vice President, 2003-04)
  • Family and Children’s Agency (Vice President, Board of Directors, 2008 to present)
  • Community Centers, Inc. (President, Board of Directors, 1993-99)
  • Lawyers for Children America Volunteer Attorney (Connecticut Regional Leadership Council Member)
  • Dean’s Law Firm Advisory Council, Fordham Law School (2014-present)
  • President, Connecticut Chapter, Fordham Law School Alumni Association (2010-2012, 2014-2016)

Honors & Recognition

  • Chosen for inclusion in Chambers High Net Worth Guide (Chambers & Partners) as a leading private wealth lawyer in Connecticut, 2021 (Private Wealth Disputes) (Band 1) 
  • Chosen for inclusion in Chambers High Net Worth Guide (Chambers & Partners) as a leading private wealth lawyer in Connecticut, 2018, 2019, and 2020. (Trusts and Estates Litigation) (Band 2)
  • Elected Fellow, American College of Trust and Estate Counsel (“ACTEC”), October 2019
  • AV Preeminent Rating, Martindale-Hubbell® Peer Review Ratings™
  • Recognized as Lawyer of the Year, Litigation – Trusts & Estates, Stamford, CT, in the 26th Edition of Best Lawyers in America
  • Recognized in the 23rd, 24th, 25th, 26th, 27th, and 28th Editions of The Best Lawyers in America for the practice area of Litigation – Trust & Estates (2017-2022).  See selection methodology at https://www.bestlawyers.com/Methodology
  • 2018 Top 50 Connecticut Super Lawyer Selectee. See selection information at https://www.superlawyers.com/connecticut/selection_details.html
  • Connecticut Super Lawyer® 2006-2021 (Trusts & Estates Litigation). See selection information at https://www.superlawyers.com/connecticut/selection_details.html
  • New England Super Lawyer® 2008-2021 (Trusts & Estates Litigation). See selection information at https://www.superlawyers.com/connecticut/selection_details.html
  • Selected as Fellow, Litigation Counsel of America, 2018. See selection information at https://www.litcounsel.org/about/overview.html
  • Selected as a James W. Cooper Fellow, Connecticut Bar Foundation, February 2018
  • Recipient, Anne C. Cary Volunteerism Award, Family & Children’s Agency (2013)
  • Recipient, 2011 Connecticut Family Champion award presented by Connecticut Council of Family Service Agencies (2011)
  • Robert G. Krause Probate Pro Bono Award (2008)
  • Named to Connecticut Bar Association’s annual Pro Bono Honor Roll (multiple years)

Publications & Presentations

  • Moderator and Speaker, Connecticut Bar Association, Elder Law Section, “Preservation of the Estate Plan in the Face of Incapacity, Disruption and Avarice,” April 28, 2021
  • Moderator and Speaker, 2020 Federal Tax Institute of New England, “The Hazards of Ethical Lawyering,” November 10, 2020
  • Moderator and Speaker, American Law Institute, “Attorneys Representing Estate and Trust Beneficiaries and Fiduciaries 2018,” American Law Institute: “When Offshore Trust Disputes Washup Onshore” (a presentation focusing on the legal, procedural and strategic issues arising in domestic litigation involving offshore trusts), July 2019
  • Moderator and Speaker, Connecticut Bar Association Attorneys Connecticut Legal Conference:  Conservatorship Litigation – “A Discussion of Strategic, Legal and Ethical Issues,” June 2019
  • Speaker, Cambridge Forum on Private Wealth Litigation: Guardianship/Conservatorship Litigation Strategies, April 2019
  • Speaker, Quinnipiac University School of Law Attorney/Law Students/Law Faculty Emerging Scholars Discussion Series:  A Discussion of Tortious Inheritance with Inheritance – whether it should be recognized in Connecticut, April 2019
  • Speaker, “The Ultimate Guide to Probate,” National Business Institute, September 2018, Topic: “Ethical Practice Considerations and Concerns in Probate Court”
  • Speaker, “Estate Administration from Start to Finish,” National Business Institute, May 2018, Topic: “Ethics and Estate Administration”
  • Speaker, “Estate Administration from Start to Finish,” National Business Institute, May 2017, Topic: “Ethical Practice Considerations and Concerns in Probate Court”
  • Speaker, “The Probate Process from Start to Finish for Paralegals,” National Business Institute, April 2017, Topic: “Ethical Perils in the Probate Process”
  • Speaker, “The Ultimate Guide to Probate,” National Business Institute, November 2016, Topic: “Ethical Practice Considerations and Concerns in Probate Court”
  • Speaker, “Drafting Trustee Releases and Beneficiary Consents,” Connecticut Bar Association, Estates and Probate Section and Young Lawyers Section, New Haven, CT, May 12, 2015
  • “Releases between Trustees and Beneficiaries: Ensuring Enforceability” published in the Connecticut Bar Association Estates & Probate Newsletter, December 2014
  • Speaker, “Representing Estate and Trust Beneficiaries,” American Law Institute Continuing Legal Education Group (ALI-CLE), Chicago, Ill., July 2014, Topic: “Releases and Their Challenges.”
  • “The Effectiveness of Retention Clauses and Exculpatory Language under Connecticut Law” published in the Connecticut Bar Association Estates & Probate Newsletter, May 2010 (Co-Author).
  • “Exculpation and Proaction,” “Estate Planning” Magazine, February, 2010 (Co-Author).
  • Speaker, “Representing Estate and Trust Beneficiaries and Fiduciaries,” American Law Institute-American Bar Association, Chicago, Illinois, July 2009, Topic: “Exculpatory Language in Wills and Trusts”
  • Guest Commentary: “Companion Opinions Address Emerging Trend in Standard of Proof of Debt Owed,” Bank Bailout Litigation News, November 9, 1998, Commercial Lending Litigation News, November 1998.
  • “A Question of Fault – Apportioning Contract Damages,” Metropolitan Corporate Counsel, October 1997.

Representative Trust & Estates Litigation

Together with co-counsel from Simpson Thacher & Bartlett, represented trustees in action in which adverse party sought to challenge creation of charitable trust by means of the exercise of testamentary power of appointment.  Trial Court decision, involving an issue of first impression, was a complete victory for trustees and consortium of other interested parties supporting the charitable trust, which is believed to be among the largest charitable gifts in Connecticut history.  Helen Z. Benjamin, et al. v. Ralph P. Corasaniti, et al., 2020 WL 3058149 (Conn. Super. May 1, 2020).

Successfully dismissed appeal taken by a Swiss trustee from probate court decision holding that it had jurisdiction to hear a trust accounting petition, thereby preserving the probate court’s finding of jurisdiction in a case where the trustee had twice moved to dismiss claiming that the petition should be brought in an offshore jurisdiction.  Rysaffe Fiduciaires SARL v. Hind El Achchabi, 2018 WL 1936468 (Conn. Super. April 3, 2018).

Successfully moved to strike claims for tortious interference with an inheritance and tortious interference with a contract in a dispute over nearly $20 million in transfers. Our motion raised the unsettled issue of whether and in what circumstances Connecticut courts should recognize a cause of action for tortious interference with an inheritance.  The Superior Court agreed with our arguments that (i) the plaintiffs had failed to plead the level of tortious conduct required to state such a claim and (ii) that the plaintiffs had no legitimate expectancy interest under the divorce agreement under which the plaintiffs’ claims allegedly arose.  Zupa v. Zupa, 2018 WL 18552 (Conn. Super. June 20, 2018).

On behalf of trustee, challenged settlor’s putative restatement of a $40 million trust purporting to significantly amend its terms.  The background was complex: the trust derived from foreign and domestic trusts originating from a foreign source and the case raised cutting-edge issues regarding the use of a power of appointment to restate an irrevocable trust.  We successfully resolved all issues between and among the trustee, the settlor and the beneficiaries.

Successfully resolved claims against corporate fiduciary in contested accounting proceeding wherein beneficiaries sought to surcharge trustee in an amount in excess of $70 million. Issues included trustee’s compliance with Prudent Investor Act, including whether it had a duty to diversify concentrated holdings, and scope of protection afforded trustee under exculpatory language of trust instrument.

Successfully defended individual trustee in removal proceeding brought by trust beneficiaries alleging breach of fiduciary duty, hostility and failure to properly manage trust assets. Case settled upon favorable terms after close of evidence.

Successfully defended corporate fiduciary against trust beneficiaries’ claims seeking damages for breach of fiduciary duty, fraud, conversion and unfair trade practices. Case concluded upon beneficiaries withdrawal of all claims.

Successfully opposed, on behalf of Vermont fiduciary, attempt by decedent’s former attorney to contest Vermont will and instead probate an earlier will in Connecticut, including vacating attorney’s ex parte appointment as temporary administrator.

Successfully represented trust beneficiary seeking to remove individual trustees and install successor trustees to ensure substantial family trust administered in manner consistent with settlor’s intent.

Successfully represented out-of-state receiver of insolvent insurance company seeking recovery from Connecticut estate.

Successfully resolved will contest by decedent’s daughter and sole heir contending late father’s “death-bed” will was procured by undue influence exercised by decedent’s girlfriend.

Representation of son contesting actions of stepfather who commenced involuntary Guardianship proceeding in Florida against son’s mother. Matter involved proceedings in both Connecticut and Florida.

Representative Commercial Litigation

Successfully obtained dismissal of claims against a national bank by investors who claimed that our client, acting as an investment advisor, breached an oral modification to the parties’ investment agreement, causing the plaintiffs substantial losses.  The District Court agreed with our argument that the plaintiff’s claim was barred by the parol evidence rule, and dismissed the claim with prejudice.  Gibilisco v. Wells Fargo Bank, N.A., 2015 WL 2383746 (D. Conn., 2015).

Successfully obtained dismissal of fraudulent transfer claims brought by foreign bank against overseas clients on grounds clients were not subject to suit in New York.  New York’s Appellate Division, First Department, unanimously affirmed ruling of New York Supreme Court.  Deutsche Bank AG v. Vik, 163 A.D.3d 414 (1st Dept’ 2018).

Successfully defended insurer in complex insurance coverage dispute involving a claim in excess of $150 million by a multinational corporation under the errors and omissions coverage of a combined specialty insurance policy.

Successfully defended national financial institution serving as trustee of construction project financing in dispute involving claim in excess of $80 million by general contractor arising out of project developer’s termination of general contractor and its subsequent claims against, inter alia, trustee for claims of breach of implied contract, fraud and negligent administration of funds.

Represented internet comparison shopping provider in dispute involving claim by former director for options and consulting fees. Matter favorably resolved after securing dismissal of former director’s counterclaims and prevailing in venue dispute.  Dealtime.com v. McNulty, 123 F. Supp. 2d 750 (S.D.N.Y.2000).

Successfully defended, through appeal, international corporation and its domestic manufacturing subsidiary in $60 million breach of contract/warranty case.  Outboard Marine Corp v. Babcock Industries, Inc., 106 F.3d 182 (7th Cir. 1997); Outboard Marine Corp v. Babcock Industries, 1995, N.D. Ill., 1995 Lexis C429; Outboard Marine Corp v. Babcock Industries, 1994, N.D. Ill., 1994 Lexis 11998.

Member of national defense counsel team which successfully defended manufacturer of prescription drug in connection with nationwide class action and multi district litigation proceeding. The litigation involved more than 250 suits and claimants throughout the nation.  Valentino v. Carter Wallace, Inc., 97 F.3d 1227 (9th Cir. 1996).

Coordinated international investment group’s investigation and prosecution of claims arising out of its multimillion dollar investment with founders and control group of prominent theme restaurant companies. Responsible for international financial investigation and prosecution of claims against control group and its multiple corporate entities. Successfully removed control group and favorably resolved lawsuits commenced in Italy, Ireland and the United States and international letter of credit proceeding.

Member of team defending national financial institution’s subsidiary against claims arising out of client’s cancellation of purchase of $275 million mortgage loan pool. Involved in all aspects of case, with primary contribution to discovery directed to representations concerning, and actual credit quality of, mortgage pool.

O’Connor,
Thomas P.

August 11, 2017 by admin

Tom is a partner in the Firm’s Litigation Department, where his practice includes representation of clients in connection with complex commercial, professional, employment and real property disputes. He practices in and appears frequently before Connecticut’s state courts, in addition to his representation of clients in federal court and before private arbitral tribunals.

Prior to joining Whitman Breed, Tom was an associate in the New York offices of Winston & Strawn LLP, where he focused on representing accounting firms in professional liability matters, SEC investigations, bankruptcy-related litigation, and class actions alleging violations of the federal securities laws.

Tom, a lifelong Old Greenwich resident, served as President of the Greenwich Bar Association for the 2014-2015 year, and on its Executive Committee from 2010 to 2016.  Tom is a board member of Family Centers, which offers education, health and human services to children, adults and families in Fairfield County.  He also serves as General Counsel and Secretary to Greenwich Youth Lacrosse, one of the premier youth lacrosse programs in Fairfield County and among the largest programs in the United States.

Professional & Community Affiliation

  • Greenwich Bar Association (Executive Committee 2010-2016; President 2014-2015)
  • Greenwich Youth Lacrosse (Board Member, Secretary, and General Counsel since 2013)
  • Family Centers, Inc. (Board Member since 2016)
  • Fairfield County Bar Association (since 2010)
  • Tulane University Men’s Lacrosse Team, Head Coach (2006-2007)

Honors & Recognition

  • Connecticut Super Lawyer®, Rising Star, Civil Litigation, 2016-2020. See selection information at http://www.superlawyers.com/connecticut/selection_details.html
  • Fairfield County Business Journal “40 Under 40,” 2015
  • Phi Delta Phi International Legal Honor Society
  • Tulane Law School, CALI Excellence Award (UCC Article 2 – Sales of Goods), 2005
  • Tulane Law School, Tulane Journal of International and Comparative Law, Best Junior Editor, 2005-2006

Publications & Presentations

  • Thomas P. O’Connor & Wyatt R. Jansen, Strategic Removal & the Voluntary-Involuntary Rule, 40 Conn. L. Trib., No. 33 at 52 (Aug. 15, 2016)
  • Thomas P. O’Connor, Note, Auguste v. Ridge: Functional Inapplicability of the U.N. Convention Against Torture in the United States, 14 Tul. J. Intl & Comp. L. 237 (2005)
  • Senior Research Editor, Tulane Journal of International and Comparative Law, 2006-2007

Lawler,
Richard F.

August 11, 2017 by admin

Dick is a litigator with over 35 years of experience, including 4 years as an Assistant United States Attorney in the Southern District of New York and the last 30 years as a commercial litigator in Connecticut and New York. Dick has tried dozens of cases to verdict, both jury and non jury, including complex commercial and white collar criminal trials, and has participated in numerous arbitrations and mediations. He has also argued appeals before various state and federal appellate courts. Dick has conducted internal investigations and has defended both individuals and corporations involved in investigations throughout the United States and abroad by administrative and regulatory authorities, such as the SEC, CFTC, FINRA, the Federal Reserve and various criminal investigations by the Dept. of Justice, U.S. Attorneys’ offices and state prosecutors. For example, Dick has recently represented individuals and institutions in investigations involving libor manipulation, high frequency trading, insider trading and tax fraud. Locally he has represented companies, individuals and home owners associations in state and federal litigation involving contract and employment related disputes, corporate governance issues, fiduciary obligations, and various commercial tort claims.

Dick was a Fulbright Scholar and Navy officer and started his legal career in Connecticut. After service as a federal prosecutor in the U. S. Attorney’s Office in New York, he joined the firm which eventually became Whitman Breed Abbott & Morgan, splitting his time between their New York and Connecticut offices. After many years with Winston & Strawn (WBAM’s successor firm in New York) Dick has returned to WBAM in Connecticut.

Professional & Community Affiliation

  • Yale Alumni Fund – Co-Chairman – Class Agents
  • Greenwich Field Club (Former President)
  • Federal Bar Council
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