Thomas C. Sullivan

Philadelphia and Moscow

+1.215.569.8901

Tsullivan@mslegal.com

Practice Areas

An attorney in the Philadelphia office of Marks & Sokolov, Tom represents Western and Russian clients in complex commercial disputes including civil RICO, Foreign Corrupt Practices Act, Convention on the International Sale of Goods, construction litigation, legal malpractice, lender liability, securities fraud, insurance defense and maritime matters. Tom has successfully and effectively litigated numerous complex and high-profile commercial disputes.  

He has represented plaintiff and defense sides in numerous federal and state courts at the trial level and appellate level, and in several arbitrations. He has extensive experience in 28 U.S.C. §1782 matters which permit foreign litigants to take discovery in the United States for use in their home forums.  He has also drafted and negotiated consulting, employment, financing, joint venture, loan, procurement, purchase, sales, real estate and member/shareholder agreements.  

Tom is admitted in Pennsylvania, New Jersey, the U.S. District Courts for the Eastern District of Pennsylvania, New Jersey and Colorado, the U.S. Court of Appeals for the Third Circuit and the U.S. Supreme Court.

Experience

Tom’s representations include:

Complex Litigation and Dispute Resolution

  • Represented founder of $1 billion international oil and gas company regarding company management, control and family succession issues, in Colorado state court.
  • Obtained dismissal based upon the “internal affairs doctrine” of a $58.5 million unjust enrichment claim and demand for inspection of books of a British Virgin Islands company, in Ohio state court. Dismissal was affirmed on appeal.
  • Represented a Russian industrial company against foreign investors for recovery of $150 million that was improperly diverted in a trade fraud scheme and obtained a favorable settlement.
  • Represented foreign trading partners of a Russian aluminum factory in a $2.7 billion suit whose contracts were abrogated in a sham foreign bankruptcy proceeding.
  • Represented foreign investor against Russia’s largest oil company for $3.6 billion claim for wrongdoing related to the denial of rights to develop one of the world’s richest diamond fields, in Colorado state court. Secured landmark decision in the Colorado Supreme Court reversing a lower court’s decision dismissing for lack of personal jurisdiction.
  • Represented Canadian oil company in $1.5 billion suit in the Southern District of New York against U.S. based entities engaged in a massive racketeering scheme to take over a substantial portion of the Russian oil industry.
  • Represented shareholders for claims in excess of $1 billion related to the illegal seizure of a Russian vanadium plant.
  • Represented Russian translation company against the International Accounting Standards Committee Foundation relating to the licensing of translations in the U.K., Russia and Ukraine.
  • Represented shareholder of Ukrainian ferro-alloy plant to vindicate the rights of investors who suffered damages exceeding hundreds of millions of dollars. The case was resolved with a favorable settlement for the client.
  • Obtained dismissal of Pennsylvania lawsuit based on lack of personal jurisdiction, because the California defendant manufacturer had not purposefully availed itself of the privilege of doing business in Pennsylvania.
  • Obtained dismissal of multi-million legal malpractice case against an estate tax attorney after taking over the defense of the case on the eve of the close of discovery.
  • Brought RICO claim against foreign defendants and obtained a preliminary injunction freezing $6 million of the defendants’ assets in the United States and Poland, in West Virginia.
  • Represented individual in an action for breach of the covenant of good faith and fair dealing against Corestates Bank (now Wells Fargo Bank). The court held the bank liable for $1,150,000 plus $680,000 in pre-judgment interest.
  • Obtained authorization for alternate service and obtained default judgment in breach of contract matter against U.K. defendants who were evading service of process.
  • Recovery for commercial equipment seller because purchaser failed to dispute contents of delivery within 10 days of receipt of the invoice as required under the U.C.C.
  • Recovered Canadian window manufacturer’s pre-payment for PVC to Ohio manufacturer, plus business loss damages for failure to deliver ordered products.
  • Obtained declaratory judgment in Equal Credit Opportunity Act claim against bank releasing spouse from liability on credit instruments who was improperly required to execute loan notes for independently creditworthy spouse.
  • Obtained $269,000 judgment for real property structural damage from excavation work at adjacent property.

International Arbitration

  • Recovered $2.2 million arbitration award, plus attorney fees and costs of litigation for the defendants’ breach of an oral agreement to form and operate a joint venture in the financial industry.
  • Obtained dismissal of $1 million+ breach of contract claim brought by a Russian coal supplier against a U.S. broker/distributor, at ICC arbitration in Geneva.
  • Defeated $6.5 million arbitration claim brought before the International Chamber of Commerce in Paris, France related to cancellation of a contract to dismantle a steel mill in Ohio for shipment to Ukraine.
  • Represented Russian franchisee invalidating franchise contracts before the Court of Arbitration for Resolution of Economic Disputes at the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation.

Discovery in Aid of Foreign Proceedings – 28 U.S.C. §1782

  • Represented Russian, Swiss, English, Canadian and other foreign litigants in 28 U.S.C. §1782 proceedings throughout the United States seeking discovery for use in foreign matters. In New York, successfully obtained an order requiring Renova, Inc., a company controlled by Victor Vekselberg, to produce documents and present a witness for deposition in New York for use in Russian proceedings.  In California, successfully obtained an order requiring the production of medical reports for use in English proceedings. 
  • Defended against 28 U.S.C. §1782 actions seeking discovery for use in foreign proceedings in New York, Florida, Ohio and Alabama. Obtained restrictive protective orders, narrowed the scope of permissible discovery and in November 2019, secured a landmark ruling from the Eleventh Circuit Court of Appeals vacating an authorizing discovery order from the Southern District of Florida on the basis that the discovery would not be used in a foreign proceeding.
  • Defended S. clients served with subpoenas seeking sensitive commercial information by Maltese and Antiguan companies under 28 U.S.C. §1782 for use in “anticipated” foreign legal proceedings in Canada and the Republic of Singapore. Successfully moved to vacate the order authorizing discovery and the subpoenas were quashed based upon a demonstration that the discovery applicants had failed to disclose material information to the court.
  • Represented Russian diamond company to obtain an order authorizing 28 U.S.C. §1782 discovery from New York banks of wire-transfer and account information regarding various international shell trading companies alleged to have siphoned funds from an African diamond mining company.

Articles / Publications