Thomas J. Sullivan litigates commercial and product-related cases in state and federal trial and appellate courts. He defends clients in putative class actions, mass torts, and other complex commercial litigation. He also represents life sciences and healthcare companies in civil cases, many of which also involve criminal and regulatory investigations. In addition, Tom defends developers and financial institutions in commercial matters, and manufacturers in product liability and toxic tort cases. He often works in parallel with criminal investigations.
As a member of several trial teams in “bet-the-company” and other high-profile litigation, Tom develops trial strategy, prepares company and expert witnesses, argues evidentiary and other trial motions, and examines witnesses, including cross-examining adverse expert witnesses. He actively manages and coordinates all stages of pretrial preparation and proceedings, including numerous Daubert and Frye challenges.
In his healthcare and life sciences practice, Tom has defended clients in cases alleging fraud of state and federal healthcare programs under false claims act statutes (including qui tam provisions). He also counsels clients in connection with state attorneys general lawsuits, consumer fraud litigation, product liability claims, disputes regarding collaboration and development agreements, real estate transactions, and indemnity obligations.
A member of the firm’s Class Action and Commercial Litigation Steering Committees, Tom frequently defends companies in putative class actions. These include alleged claims for consumer fraud, breach of contract, invasion of privacy, antitrust and unfair competition, the Racketeer Influenced and Corrupt Organizations Act (RICO), the Employee Retirement Income Security Act (ERISA), product liability, and securities fraud.
Tom is an active member of the firm’s Pro Bono Practice, and has handled professional responsibility and legal ethics matters. He is a board member of several nonprofit organizations in the Philadelphia area, and also is active in the firm’s recruiting efforts. He frequently writes and lectures on complex litigation issues such as class action litigation, product liability, and federal jurisdiction issues.
Representation of a mortgage services company in Maryland state court litigation arising out of trade secret dispute and indemnity obligations in a merger agreement. Successfully negotiated the assumption of the indemnity obligations by the indemnitor.
Representation of a chemical manufacturer at trial in the Southern District of New York with another Morgan Lewis partner regarding indemnity obligations. Trial responsibilities included cross-examination of adverse expert witnesses and presenting expert witness testimony.
Representation of nationwide condominium developer in several pre-litigation and litigation matters in Philadelphia involving allegations of fraudulent disclosures regarding building conditions and alleged construction defects.
Representation of golf resort developer in litigation and multiple mediations in Hawaii along with other Morgan Lewis partners regarding alleged land use violations.
Representation of a mortgage services company in Florida state court alleging breach of loan agreement.
Representation of a life sciences company in New Jersey state court company regarding allegations of breach of a brokerage services agreement for sale of ongoing business operations.
Representation of a life sciences company in negotiations regarding wrongful acceptance of executive bonus.
Representation of a healthcare insurer with other Morgan Lewis partners in alleged consumer fraud and ERISA class action alleging improper application of deductible and co-pays. Achieved dismissal of plaintiff’s complaint with prejudice in the Eastern District of Pennsylvania.
Representation of a building developer with another Morgan Lewis partner in putative class action litigation in Philadelphia regarding alleged defects and fraudulent disclosures. Defeated plaintiff’s motion for class certification in the Eastern District of Pennsylvania.
Representation of a gas piping manufacturer in numerous consumer fraud and product liability class actions in state and federal courts nationwide.
Representation of a major financial institution with other Morgan Lewis partners in alleged class action in District of Massachusetts regarding mortgage application and foreclosure processes.
Representation of an insurer in putative nationwide class action alleging violations of ERISA as part of a team of other Morgan Lewis partners. This representation involved numerous appeals to the Third Circuit, including a successful appeal for reversal of the district court’s class certification order on an issue of first impression nationwide concerning the interpretation of Rule 23.
Representation of a nationwide pharmacy chain in consumer fraud class action in the Southern District of New York alleging claims under New York’s consumer protection statute relating to prescription drug benefit program.
Representation of numerous national retail clients in Massachusetts state and federal court against plaintiffs alleging privacy violations under Massachusetts consumer protection statute.
Life Sciences and Healthcare
Representation of a life sciences company with other Morgan Lewis partners in a qui tam case in the District of Massachusetts alleging violations of the False Claims Act and Anti-Kickback Act violations.
Representation of pharmaceutical manufacturer with other Morgan Lewis partners in cases brought by state attorneys general nationwide (including Alaska, Arkansas, South Carolina, Mississippi, Kentucky, and Utah) alleging deceptive marketing claims and violations of state false claims acts.
Representation of a medical device company in a dispute regarding indemnity provisions relating to function of device and obligations and rights in patent litigation brought by third party.
Representation of a foreign pharmaceutical manufacturer relating to breach of a collaboration agreement.
Representation of compounding pharmacies in investigations and against consumer claims.
Provided strategic litigation counseling to numerous pharmaceutical manufacturers and medical device companies regarding numerous aspects of collaboration and development agreements.
Products Liability/Mass Torts
Lead national counsel for gas piping manufacturer in litigation alleging defective design and failure to warn claims, including responsibility for developing and coordinating strategy, management of local counsel, discovery coordination, briefing, and fact and expert witness development.
Representation of a food flavoring company with other Morgan Lewis partners as lead national coordinating counsel in serial toxic tort litigation alleging personal injuries. Developed company defense strategy and defended company at trials.
Representation of a medical device company in the Eastern District of Louisiana alleging that device caused personal injuries. Achieved dismissal of complaint with prejudice.
Representation of a drywall manufacturer in national class action with other Morgan Lewis partners relating to health risks and property damage. Defeated plaintiffs’ motion for class certification and obtained summary judgment against named plaintiffs.
Representation of automotive parts manufacturer relating to manufacturing defects and potential recall.
College of the Holy Cross, 1995, B.A., Cum Laude, Phi Beta Kappa
University of Pennsylvania, 2003, Ph.D.
University of Pennsylvania Law School, 2001, J.D., Cum Laude
University of Reading, England, 1996, M.A., With Highest Distinction
Clerkship to Judge Anita Brody of the US District Court for the Eastern District of Pennsylvania (2002 - 2003)
Awards and Affiliations
Named 2014 Pennsylvania Product Liability Department Of The Year by The Legal Intelligencer
Member, Defense Research Institute (Committees on Class Actions, Trial Tactics, Product Liability, and Commercial Litigation)
Member, American Bar Association (Committees on Trial Practice, Class Action and Derivative Suits, Products Liability, and Mass Torts)
Member, Pennsylvania Bar Association
Member, Philadelphia Bar Association (Professional Responsibility and Class Action Committees)