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Thomas C. Rice is a Partner at Simpson Thacher & Bartlett LLP in the Firm's Litigation Department and a member of the Firm’s Executive Committee. Mr. Rice is a commercial trial lawyer with expertise in a wide variety of complex litigations, including securities, ERISA, professional malpractice and bankruptcy litigation.
Mr. Rice presently represents several issuer and underwriter defendants in subprime mortgage back securities litigations, is lead counsel for a major investment bank in auction rate securities investigations and securities and antitrust litigation, represents an investment advisory firm in Madoff-related matters and represents an investment banking client in several derivatives-related litigations. Other recent engagements include In re Enron Corp. Securities, Derivatives and "ERISA" Litigation, where Mr. Rice serves as counsel for JPMorgan Chase & Co. in securities and related litigations and government investigations; In re CFS Securities Fraud Litigation, in which Mr. Rice served as counsel for Chase Securities Inc. and affiliates in more than a dozen securities and related litigations; In re New York Diet Drug Litigation, where Mr. Rice served as lead counsel for Wyeth and liaison counsel for all defendants in the New York fen-phen products liability litigation; Sumitomo Corp. v. The Chase Manhattan Bank, where Mr. Rice represented Chase in litigation arising from the copper trading scandal relating to Sumitomo’s Yasuo Hamanaka, In re Capital Consultants LLC, where Mr. Rice represented investment advisor Segal Advisors Inc. in litigation arising out of what was then called the largest pension-related investment fraud in U.S. history; and Springwell Investment Corp. v. The Chase Manhattan Bank, investment suitability litigation arising from the sale of derivative instruments based on the performance of Russian government obligations. Other representative cases include In re Olympia & York; Maxwell Communication Corporation plc v. Barclay's Bank plc; Manufacturers Hanover Trust Company v. European American Bank; Hunt Lender Liability Litigation; Home Shopping Network v. G.T.E; In re Braniff (Braniff II); In re 1515 Broadway and numerous others. Mr. Rice has also conducted internal investigations for clients involving corporate governance, executive compensation, regulatory misconduct and other matters.
Mr. Rice authored "Expert Witnesses" (1995 revised Text), Ch. 11 in McLaughlin, Federal Evidence Practice Guide (Matthew Bender, 1995) and has lectured on complex litigation involving financial institutions. Mr. Rice also authored "Litigation Resulting from the Credit Crunch: a Comparative Study", PLC Cross-Border (July-September 2009 issue), "The Evolving Examiner: Different Role Has Emerged," (co-author Lillian E. Kraemer) New York Law Journal, p. 7, col. 6 (February 3, 1997); "Loan Participation Issues in Bankruptcy and Workouts," 10 Rev. of Banking and Financial Services 11 (January 26, 1994); and "Lender Liability" (co-authored with Melvin Cantor and John J. Kerr, Jr.) in Lender Liability Litigation 1989 Recent Developments, 321 (New York: Practising Law Institute, 1989).
Mr. Rice joined Simpson Thacher in 1981 and became a partner in 1989. He received his B.A., magna cum laude, from St. John's University in 1978 and his J.D. in 1981 from St. John’s Law School, where he was Senior Notes and Comments Editor of the St. John's Law Review. He is a member of the Association of the Bar of the City of New York (and serves as Vice Chair of the Association’s Judiciary Committee), the New York State Bar Association, the American Bar Association and the Federal Bar Council. Mr. Rice is a member of the New York Bar and is admitted to practice before the United States Supreme Court, the U.S. Court of Appeals for the Second, Third and Fifth Circuits, and various U.S. District Courts.
Honors/Associations
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Association of the Bar of the City of New York, Vice Chair, Judiciary Committee |
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New York State Bar Association, Litigation Section |
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American Bar Association, Litigation Section |
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Federal Bar Council |
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Publications
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The Supreme Court Considers the Standards Governing the Interpretation of ERISA Plans |
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The Supreme Court Considers the Constitutionality of the Public Company Accounting Oversight Board |
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The Supreme Court Considers the ‘Inquiry Notice’ Standard in Federal Securities Fraud Cases |
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"Litigation Resulting from the Credit Crunch: a Comparative Study", PLC Cross-Border (July-September 2009 issue) |
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The Heightened Pleading
Standard of Twombly Applies
to All Federal Civil Claims |
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Second Circuit Holds That Cash Balance Pension Plans Do Not Violate ERISA’s Prohibition on Age Discrimination |
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The Supreme Court Limits Punitive Damages Award In The Exxon Valdez Case To 1:1 Ratio To Compensatory Damages |
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Supreme Court Finds that ERISA Fiduciaries May Be Liable for Damages to an Individual 401(k) Plan Participant’s Account |
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The Supreme Court Rejects "Scheme" Liability For Secondary Actors In The Absence Of Actual Reliance On The Deceptive Conduct Or A Separate Duty To Speak |
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Supreme Court Considers Whether ERISA
Fiduciaries May Be Liable for Damages to an
Individual Participant’s Account
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Supreme Court Hears Arguments on Expanding Securities Fraud Liability to Secondary Actors Based on Allegedly Fraudulent, Arm's Length Business Transactions |
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Supreme Court Adopts Heightened Standard for Pleading Scienter in Federal Securities Fraud Cases |
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Liability of Lenders' Counsel (co-author with Daniel E. Reynolds) Published as Part of Course Materials for ALI-ABA Course of Study |
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Rice, Thomas, Chapter 11 of the Federal Evidence Practice Guide (Hon. Joseph M. McLaughlin, editor-in-chief 2001). |
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Grupo Mexicano De Desarrollo, S.A. v. Alliance Bond Fund, Inc.: Supreme Court Restricts Creditor’s Right to Obtain Preliminary Injunction from Federal Court to
Prevent Dissipation of Assets
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The Evolving Examiner: Different Role Has Emerged (co-author, Lillian E. Kraemer), New York Law Journal, p. 7, col. 6, February 3, 1997 |
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Expert Witnesses, (1995 revised text), Ch. 11 in McLaughlin, Federal Evidence Practice Guide |
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Loan Participation Issues in Bankruptcy and Workouts (co-author with Jennifer K. Nelsen) 10 Rev. of Banking and Financial Services 11, (January 26, 1994) |
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Lender Liability and Other Complex Litigation Involving Financial Institutions, November, 1992 |
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Lender Liability (co-author with Melvyn Cantor and John J. Kerr, Jr.) Lender Liability Litigation 1989 Recent Developments 321, New York: Practising Law Institute, 1989 |
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Note, Judicial Limitation of the Employment at Will Doctrine, 54 St. John's Law Review 552, 1980 |
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Admissions
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New York 1982 |
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U.S. District Court Eastern District of New York 1982 |
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U.S. District Court Southern District of New York 1982 |
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U.S. District Court Northern District of Texas 1987 |
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U.S. District Court Northern District of New York 2000 |
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U.S. District Court Western District of New York 2000 |
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U.S. District Court District of Colorado 2001 |
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U.S. District Court Northern District of Oklahoma 2001 |
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U.S. District Court Eastern District of Michigan 2006 |
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U.S. Court of Appeals 2nd Circuit 1988 |
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U.S. Court of Appeals 3rd Circuit 2001 |
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U.S. Supreme Court 1993 |
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U.S. Court of Appeals 5th Circuit 2003 |
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Education
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St. John's University School of Law, 1981 J.D. St. John's Law Review, Senior Notes and Comments Editor (1980-1981) |
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St. John's University, 1978 B.A. magna cum laude |
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