Thomas J. Sullivan represents clients throughout the United States in complex commercial, product, and aggregate litigation, such as class actions and other types of representative actions like State Attorney General cases. He has experience defending numerous types of class actions including product related matters, consumer fraud, RICO, privacy, and securities class actions, across a range of industries. He has also defended several clients in mass torts and in product liability matters as national coordinating counsel. He is one of the co-leaders of the firm’s Class Action Working Group and the leader of the firm’s food and beverage industry initiative.
Tom has especially extensive experience representing life sciences and healthcare companies in a variety of civil litigation, including cases alleging fraud of state and federal healthcare programs under false claims act statutes, violations of consumer fraud statutes, and State Attorney General actions, many of which relate to parallel criminal and regulatory investigations. His practice also involves substantial commercial and business litigation, including disputes regarding collaboration and development agreements, real estate transactions, and indemnity, earn-out, and other post-acquisition disputes. Tom has also handled several legal ethics and professional responsibility matters. He has been a lead member of several trial teams in “bet-the-company” and other high-profile litigation and is also an experienced appellate advocate. Tom is an active member of the firm’s Pro Bono practice, active in the firm’s recruiting efforts, and is a leader in several local community organizations. He frequently writes and lectures on complex litigation issues such as class action litigation, product liability, and federal jurisdiction issues.
Representative Life Sciences Matters
Representation of a food manufacturer in Delaware federal court in putative class action alleging improper and deceptive labeling of food product and personal injury claims.
Representation of dietary supplement manufacturer in breach of contract action alleging breach of indemnities relating to alleged gluten in mushroom supplement.
Representation of a vitamin company against manufacturer for use of dairy allergens in vitamin supplement.
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 nationwide pharmacy 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 a life sciences company in New Jersey state court company regarding allegations of breach of a brokerage services agreement for sale of ongoing “finish and fill” facility.
Representation of Fortune 25 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 regarding antipsychotic medication.
Representation of medical device company in numerous personal injury matters alleging design defects with pacemakers and insulin pumps.
Representation of a foreign pharmaceutical manufacturer relating to breach of a collaboration agreement.
Provided strategic litigation risk counseling to numerous pharmaceutical manufacturers and medical device companies regarding numerous aspects of collaboration and development agreements.
Provided due diligence support and litigation risk analysis relating to several significant life sciences transactions.
Representative Post-Acquisition Disputes
Representation of an industrial and consumer product manufacturer in action alleging breach of environmental indemnity provisions in contract for sale of business in Eastern District of Pennsylvania.
Representation of a mortgage services company in Maryland state court relating to trade secret dispute and indemnity obligations in a merger agreement.
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.
Representative Financial Institutions and Insurance Matters
Representation of a mortgage services company in Florida state court alleging breach of loan agreement.
Representation of a healthcare insurer in alleged consumer fraud and ERISA class action alleging improper application of deductible and co-pays.
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 major financial institution in putative class action alleging violations of the Fair Credit Reporting Act.
Representative Real Estate Matters
Representation of a nationwide condominium developer in several pre-litigation mediations and putative class actions involving allegations of fraudulent disclosures regarding building conditions and alleged construction defects in several condominium developments in Philadelphia.
Representation of national real estate investment firm relating to putative consumer fraud class action by tenants.
Representation of a luxury golf resort developer in Hawaii along with other Morgan Lewis partners regarding alleged zoning and land use violations.
Representative Industrial and Building Product Matters
Representation of a gas piping manufacturer in numerous consumer fraud and product liability class actions in state and federal courts nationwide alleging defective piping product in commercial and residential structures.
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.
Representative Retail Matters
Representation of several national retailers in Massachusetts federal and state courts in putative consumer class actions under Massachusetts consumer protection act alleging violations of privacy by collecting zip codes at the point of sale.
Litigation risk counseling regarding consumer class actions to a nationwide retailer relating to pricing.
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)
Member, American Philosophical Association
Listed, LMG Life Sciences Guide "Life Sciences Star" – Non-IP Litigation and Enforcement (2016–2017)