Christopher D. Thomas

My focus

My major focus is on civil litigation in the commercial space, including disputes related to contracts and trade secrets. The defense of tort claims and white collar matters are also a significant part of what I do.

At any given time I am conducting work that spans the entire breadth of litigation, from fact development, to trial, to the defense of verdicts on appeal.

Looking ahead

Within the next three years, nearly all large document reviews will be conducted using predictive coding. Clients are demanding this as a way of controlling costs and improving results.

Representative experience

Tort Litigation

Chris Thomas represents various industries in defense of personal injury and wrongful death litigation:

• Aviation and Aerospace: Representation of major airlines and aerospace companies in personal injury tort litigation, including mass death multi-district litigation.
• Pharmaceutical: Regional counsel to international pharmaceutical corporation in multi-district litigation.
• Credit Correction Industry: National defense counsel to credit correction entity facing class action alleging violations of CROA.
• Public Utilities: Representation of public utility companies against all manner of tort claims related to gas and electric transmission and sale.
• Product Liability: Defense of wide range of products against defect claims.

Crime/Investigations

Chris Thomas conducts investigations and defends criminal matters. Representative matters include:

• Successful representation of individual against claims he was involved in wide conspiracy to distribute hundreds of kilos of cocaine. Three-month jury trial ended in acquittal on conspiracy charge.
• Representation of a global chemical manufacturer against conspiracy allegations that company acted in concert with other industry members regarding the health effects of vinyl chloride in state and federal cases around the country.
• Representation of major retailer in a trade espionage case initiated by the FBI and the United States Attorney for the District of New Jersey.
• Representation of a public utility company in a public corruption case initiated by the FBI and the United States Attorney for the Western District of New York.
• Representation of a major transportation company against claims by the New York State Office of the Attorney General that it violated state safety laws.
• Representation of an international wholesaler of wine and spirits against an industry-wide investigation of that industry initiated by the New York State Office of the Attorney General.
• Defense of a dairy farmer from a felony charge of harboring illegal aliens. Used aggressive investigation and pre-indictment depositions to obtain a major reduction in charges and minimal fine.

Shale Gas

Chris Thomas provides representation to major players in New York’s Marcellus Shale initiative.

• Local counsel in Baker, et al. v. Anschutz Exploration Corporation, et al.; 11-CV-611CJS. Plaintiffs assert various environmental claims related to defendants’ drilling and operation of a natural gas well in Upstate New York. Matter is being aggressively litigated, with an emphasis on science and the use of Lone Pine motion to narrow claims.
• Defense of gas driller in claims related to allegations of serious physical injuries suffered by independent contractor at pump station. Pleace v. Chesapeake Energy Corporation, Index No.134542
• Defense of equipment supplier in case involving death of employee at well pad.
• Representation of major exploration company in relation to mandatory integration.

First Amendment and Press Freedom

Chris Thomas represents newspapers, television stations, reporters and entertainment personalities against various claims related to free speech, reporting, and access to records. Representative matters include:

• Successful representation of Gannett Company in Varrenti v. Gannett Co., Inc., 33 Misc. 3d 405 (Sup. Ct. Monroe Cty. 2011) (Anonymous internet speech protected by the First Amendment; newspaper not required to disclose the identities of anonymous posters to online news articles).
• Representation of Jay Leno and NBC against defamation claim.
• Representation of media intervenors against the New York State Governor, the Assembly Speaker and the Senate Majority Leader related to access to budget records.
• Representation of one of nation’s largest media companies against claims of defamation and in support of access to records.
• Defense of dozens of subpoenas served upon various media providers.

Construction Defect Litigation

For nearly 15 years, Chris Thomas has handled a wide range of construction defect claims:

• Schalmont Central School District v. Bast Hatfield, et al: Represented an asbestos monitoring company in a multi-million dollar asbestos release case. Litigated case through discovery and to trial, where we successfully negotiated a favorable settlement prior to verdict.
• Hohl v. NRG—mediated resolution for large energy company in a plant construction dispute in New York State Supreme Court.
• Successfully handled one of the nation’s largest claims of property damage related to mold infestation.
• Defense of claims related to project defect and delay caused by the incidental disturbance of asbestos, and other causes.
• Representation of international builder of bridges against construction defect claim.

Political and Election Law

• Successful representation of the City of Rochester in two lawsuits challenging (1) the authority of the former Acting Mayor to execute mayoral duties and (2) the City’s Council decision to hold a special election to fill the mayoral vacancy. Matter of Davis v. Carballada, 31 Misc. 3d 728 (Sup. Ct. Monroe Cty. 2011).
• Successful representation of voter in New York’s 28th Congressional District challenging the validity of the designating petition of Congresswoman Louise Slaughter’s Democratic Party primary opponent. Matter of Brown v. Egriu, 76 A.D.3d 799 (4th Dept. 2010), lv denied 15 N.Y.3d 704 (2010).
• Successful representation of Rochester City Council Member in election law proceeding challenging the validity of primary opponent’s ballot access petition.
• Representation of citizen-objector challenging the validity of designating petitions in race for New York State Assembly for the 137th Assembly District. Matter of Ward v. Cruz and Lightfoot, Index No. 2012/8373.

Contract and Business Disputes

• Successfully represented co-owner of optometry practice in opposing charges of fraud and embezzlement and in prosecuting claim for contract reformation. Litigation settled in the successful sale of the entire business to the client.
• Paetec v. Alcatel-Lucent: Successfully resolved case for global telecommunications company on breach of contract, indemnity and patent infringement.
• Representation of prison medical services provider in a breach of contract action commenced by the County of Monroe.
• Representation of an analytics company against claims of breach of contract and prosecution of cross claims alleging breach of fiduciary duty.

Land Use and Planning Litigation

• Basset Group, Inc. et al v. Town of Greece Town Board et al, 2012 NY Slip Op 4514 (4 th Dep’t 2012): Successfully represented developer in opposing a challenge to a rezoning alleging violations of the State Environmental Quality Review Act and unconstitutional spot-zoning.
• Successful representation of local developer against claims of a homeowners’ association (HOA) that Phase II of project was not contemplated during Phase I and not authorized under relevant chain of title.
• Successful representation of regional developer against claims of international developer that rezoning was improper due to alleged violations of the State Environmental Quality Review Act.