Tom Humphrey focuses his practice in restructuring and creditors’ rights litigation, including representing debtors, creditors, financial institutions, and lender groups in state and federal courts at both the trial and appellate levels.

Tom also has significant experience representing clients in a variety of other complex commercial disputes, including business torts, patent and trademark litigation, professional responsibility, and securities class actions.

Through his practice, Tom has regularly worked with clients in the finance, oil and gas, pharmaceutical, healthcare, and advertising industries.

His leadership roles include prior service on the Firm’s Technology Committee, and he presently serves as a Local Office Leader for the Firm’s Disability & Neurodiversity Network.

Before joining Latham, Tom served as a law clerk for Judge Robert Doumar on the US District Court for the Eastern District of Virginia.

Prior to law school, Tom served on the US Senate Judiciary Committee where he advised on legislation, judicial nominees, and appropriations.

Tom has represented clients in a variety of complex litigation matters, including:

Restructuring

  • MLCJR (Cox Oil) in its chapter 11, including in multiple adversary proceedings, successful asset sales, and an eventual conversion to chapter 7   
  • Audacy Inc., the second largest U.S. radio broadcaster, and its affiliate debtors in their prepackaged chapter 11 cases and restructuring of more than $1.6 billion of funded debt
  • An asset management firm regarding financing, lease, guarantee, and sale agreements impacted by a chapter 11 filing
  • A multinational technology company concerning a strategic partner’s chapter 11 filing
  • A hedge fund regarding a portfolio company’s pre-petition financing and chapter 11 plan
  • A multinational financial services company concerning the financing of oil and gas asset purchases through a chapter 11 sale
  • A party responding to discovery requests with respect to a cryptocurrency company’s chapter 11 filing

Creditors’ Rights Litigation

  • A battery technology company in an action to prevent its strategic partner’s unlawful seizure of a joint venture’s board and facilitate positive outcomes with existing and prospective lenders
  • A pension plan in suit alleging creditor-on-creditor violence with respect to a bond indenture
  • A private equity firm considering US and foreign litigation to enjoin a prospective spin and fraudulent transfer through an unlawful dividend
  • A cloud-based communications company regarding the chapter 11 filing of a strategic partner, including the restructuring of existing equity and operational agreements
  • A private equity firm with respect to creditor claims threatening a portfolio company’s overseas restructuring

Business Torts

  • A drug manufacturer in an action alleging defamation, unfair competition, and trade libel against a competitor
  • Multinational tour companies in a suit alleging unfair competition
  • A multinational technology company in a suit alleging the misappropriation of its trade secrets

Trademark Litigation

  • A major airline in trademark infringement suit against competitor
  • A publicly traded communications company defending against trademark infringement suit

Patent Litigation & Professional Responsibility

  • Schlumberger, a multinational oil and gas services company, in a patent infringement suit regarding geographic modeling software used for oil exploration
  • A pharmaceutical company in prospective litigation against former outside patent counsel based on alleged breaches of professional responsibility.
  • A pharmaceutical company in numerous suits relating to its Abbreviated New Drug Applications.

Securities Litigation

  • TechnipFMC and certain of its officers in a securities fraud class action arising from the company’s restatement of its reported financials due to errors in accounting for temporary gains and losses on naturally hedged currency positions
  • Board members of a publicly traded holdings company in a shareholder derivative suit alleging breaches based on insider transactions
  • A for-profit education company in a shareholder class action alleging material misstatements and omissions

Other Complex Commercial Litigation

  • A medical waste services company in multi-jurisdictional class settlement opt-out litigation
  • A solar panel manufacturer in an insurance coverage dispute with a reinsurer
  • A leading financial services company specializing in education with respect to a government investigation
  • A multinational health information technology provider in objecting to a government contract
  • A multinational technology company responding to an objection to its cloud computing contract

Bar Qualification

  • District of Columbia
  • New York

Education

  • JD, University of Virginia School of Law
  • BA, University of Maryland, College Park