Prior to attending law school, Tom covered government and politics for The Wilmington News Journal and later covered national news for USA Today.

Notable Representations

Lluberes v. Uncommon Productions, — F.3d —, 2011 WL 6015606 (1st Cir. Nov. 23, 2011). Tom and Betsy Koch are defending the makers of the 1997 documentary The Price of Sugar, which depicted the inhumane treatment of Haitian cane-cutters on sugar plantations in the Dominican Republic, in a defamation action brought by plantation owners. In a significant decision, the U.S. Court of Appeals for the First Circuit held that the plaintiffs are public figures who must establish actual malice in order to prevail.

Dallal v. New York Times Co. (S.D.N.Y. 2007). Tom, together with Bob Penchina, successfully defended The New York Times in a two-week jury trial in a copyright infringement action brought by a freelance photographer who sought $52.5 million in damages. The photographer alleged that the newspaper had no right to publish approximately one hundred of his photographs on NYTimes.com. The jury unanimously sided with the Times, a verdict upheld on appeal.

Mandracchia v. Focus Features LLC (S.D.N.Y. 2006). In an action seeking to enjoin distribution of the film Hollywoodland, Tom and Bob Penchina successfully defended Focus Features and Miramax Film Corp. against claims that the title of their film infringed trademark rights held by a theater production company. Following an evidentiary hearing on plaintiffs’ preliminary injunction motion, the court denied the injunction and plaintiffs subsequently withdrew their claims.

Garrett v. Viacom Inc., 2003 WL 22740917 (N.D. W.Va. Aug. 27, 2003). Tom won the dismissal of an emotional distress claim brought against the VH1 music television network by the family of a murder victim. The family objected to an episode of the VH1 “Music Behind Bars” series featuring the inmate responsible for the murder in which he performed a song referencing the crime. Tom, together with Michael Sullivan and Betsy Koch, represented VH1.