Clients and Industries
During his career, Tom has represented a wide variety of individuals and institutions in matters involving appellate advocacy. In more than four decades of service as an appellate advocate, he has become acquainted with issues arising out of virtually every possible sector of commerce and industry, successfully briefing and arguing cases on appeal to the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court and the U.S. Court of Appeals for the 1st Circuit.
Practice Areas and Experience
Tom is Of Counsel to the firm and focuses his work on Appellate Advocacy. He has handled numerous civil and criminal appeals in state and federal courts, and is active across all areas of the firm’s practice.
Since success on appeal depends upon identifying and preserving legal issues at the trial level, his extensive legal knowledge and analytical skills are available to the firm and its clients from the earliest stages of a case until the last appeal is exhausted.
He also makes his appellate counseling services available to other lawyers and their clients, enabling them to select and prepare their best possible arguments for success on appeal.
He has briefed and argued appellate matters involving substantive legal issues related to many different legal disciplines, including but not limited to:
- Administrative Law
- Banking and Finance
- Civil Rights and Constitutional Law
- Corporate/Securities Matters
- Employment Matters
- Evidence and Procedure Issues
- Federal Claims Act Matters
- Fair Trade Practices and Chapter 93A Matters
- Governmental Enforcement Matters
- Health Care/Pharmaceutical Matters
- Injunction Matters
- Intellectual Property Matters (Involving Copyright or Trademark Issues)
- Land Use and Zoning Matters
- Personal Injury Matters
- Probate Matters
- Real Estate/Construction Matters
- Sentencing Matters
- Subpoena, Search and Seizure Matters
- Trial Court Failures to Issue Legally Mandated Orders or Remedies
Professional Experience Outside of Collora LLP
Prior to his arrival at Collora LLP, Tom spent many years as an independent appellate advocate, a faculty member at Boston College Law School and a teacher at Suffolk University Law School. He also served as the appellate attorney for the Major Violators Division of the Suffolk County District Attorney’s Office, prosecuting many violent criminals and recidivist offenders.
He has handled a broad array of civil and criminal appeals as an independent advocate. As a professor, he mastered many different subjects, teaching courses in administrative law, agency law, civil rights litigation, constitutional law, equity, federal courts and torts.
Sample of Results in Practice *
- Part of team that successfully represented psychiatrist in proceeding to block a government subpoena of more than 20 patient files, establishing before the Supreme Judicial Court of Massachusetts, in a case of first impression, that the psychiatrist’s work in pain management was covered by the psychotherapist-patient privilege and that the privilege cannot be pierced except by legislative enactment or constitutional imperative.
- Participated in amicus brief advocacy on behalf of the Massachusetts Academy of Trial Attorneys in the Supreme Judicial Court (SJC) seeking abolition of the traditional “accumulation of snow” rule pertinent to liability for sidewalk safety in favor of a general negligence standard tailored to fit municipal practices.
- Successfully established at the SJC the right of a criminal defendant to submit an affidavit to a judge in camera and ex parte in support of a motion to disclose the identity of a confidential informant for the government.
- Won an appeal to the SJC in a 4-3 vote on a controversial case involving zoning and non-conforming use issues pertinent to dog kennel operations.
- Won an appeal to the U.S. Court of Appeals for the 1st Circuit in case involving applicability of Dram Shop liability to military base private club that served alcohol to patrons.
- Successfully counseled and prepared student advocates at Boston College Law School for appellate advocacy work on behalf of indigent clients and the state, resulting in a number of victories.
- Successfully briefed a case before the SJC that set the standard for the relevance of “brain death” to homicide charges in Massachusetts.
- Briefed an appeal in a high-profile murder case that set the standard for use of peremptory challenges arguably or demonstrably related to race.
- In a high-profile negligent homicide case involving a fire in an abandoned building, wrote the briefs on appeal supporting a motion to dismiss an indictment for murder issued against homeless persons accused of causing the fire.
- Briefed and argued the constitutionality of the Massachusetts grandparents’ visitation statute.
* This sampling of cases represents a selected, small portion of this lawyer’s total experience and past performance is not intended to be a representation of likely future results, which must be assessed on a case-by-case basis.
Tom can provide a substantial list of citations to reported cases in which he was counsel of record or the author of the brief upon request.
Tom is passionate about serving others, not only as an advocate for his clients, but as a teacher and a civic volunteer.