- Harvard Law School (J.D., cum laude, 2009)
Executive Editor, Harvard Law Review
Staff Member, Harvard Civil Rights-Civil Liberties Law Review
Staff Member, Harvard Journal of Law and Technology
Semifinalist, Harvard Law School’s Ames Moot Court Competition
- Yale University (B.A., cum laude, 2006)
Managing Editor, Yale Daily News
Memberships & Affiliations
- New York City Bar Association, Communications and Media Law Committee
- Note, Badging: Section 230 Immunity in a Web 2.0 World, 123 Harvard Law Review 981 (2010)
- The Supreme Court 2007 Term - Leading Cases: Baze v. Rees, 122 Harvard Law Review 286 (2008)
- Recent Case: Westbrook v. Penley, 121 Harvard Law Review 676 (2007)
Tom represents media clients in defamation, invasion of privacy, access, intellectual property, and other content-related matters. He began his legal career by serving as a law clerk to the Honorable Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit and then to the Honorable Richard J. Sullivan of the U.S. District Court for the Southern District of New York.
Prior to joining LSKS, Tom was an associate with Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York, where his practice involved a wide range of civil and criminal matters.
Ventura v. Kyle, 825 F.3d 876 (8th Cir. 2016). Tom worked with Lee Levine, Kate Bolger, and Dave Schulz to secure the appellate reversal of a $1.85 million jury verdict in favor of former Minnesota governor and professional wrestler Jesse Ventura for unjust enrichment and defamation. The court held that there is no valid claim for unjust enrichment in the context of an alleged defamation and remanded Ventura’s defamation claim for a new trial.
Wells v. John Wiley & Sons, Inc., 44 Media L. Rep. 1378 (S.D.N.Y. 2016). Tom and his LSKS colleagues obtained dismissal of 25 of 31 copyright infringement claims brought by photographer David Wells against textbook publisher John Wiley & Sons, Inc. The court granted summary judgment for Wiley on the grounds that the claims involved photographs that had been properly licensed for use by Wiley, were covered by a settlement agreement between Wiley and Wells’ licensing agent, or for which Wells did not offer any evidence of infringement. The court also held that Wells could not recover statutory damages or attorneys’ fees regarding four of the remaining claims.
NXIVM Corp. v. Foley, 2015 WL 7776923 (N.D.N.Y. 2015). Tom and Dave Schulz defended Albany reporter James Odato against claims brought under the Computer Fraud and Abuse Act and the Stored Communications Act. Granting an initial motion to dismiss, the court held that the claims were barred by the statute of limitations.
Rector v. Major League Baseball Advanced Media (N.Y. Sup. Ct. 2015). Tom and Nathan Siegel obtained the dismissal of all claims against ESPN, Major League Baseball Advanced Media, and the New York Yankees brought by a Yankees fan whose slumber during a game against the Red Sox was captured on camera. The plaintiff alleged that defendants had defamed him during the broadcast, but the court rejected these arguments, holding that the defendants had made no false statements about the plaintiff and that they owed no duty to protect him from the allegedly defamatory statements of others who saw the broadcast.
- Thomas B. Sullivan
- 321 West 44th Street
New York, NY 10036
- Phone (212) 850-6139
- Fax (212) 850-6299
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Bar & Court Admissions
- New York
- New Jersey
- U.S. Court of Appeals for the Second Circuit
- U.S. District Courts for the Southern, Eastern, and Northern Districts of New York and the District of New Jersey
- U.S. Tax Court