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Thomas C. Rice, a Partner at Simpson Thacher & Bartlett LLP, is Co-Chair of the Firm’s Litigation Department and a member of the Executive Committee. Mr. Rice is a commercial trial lawyer with expertise in a wide variety of complex litigations, including securities, bankruptcy litigation, ERISA, and professional malpractice.
Mr. Rice presently represents issuer and underwriter defendants, including RBS, Deutsche Bank and UBS, in residential mortgage backed securities litigations, is counsel for JPMorgan Chase in auction rate securities litigation and represents investment banking clients, including Merrill Lynch and JPMorgan Chase in several derivatives-related litigations. Other recent engagements include In re Municipal Derivatives Antitrust Litigation, where Mr. Rice represents JPMorgan Chase and serves as liaison counsel for the defendants alleged to have conspired to fix prices of various derivatives products sold to municipalities across throughout the U.S.; In re LIBOR-Based Financial Instruments Antitrust Litigation, where Mr. Rice represents JPMorgan Chase against charges that it participated with other lenders in the manipulation of LIBOR-based interest rates; In re Fontainebleau Las Vegas Contract Litigation, in which Mr. Rice represents Barclays, Deutsche Bank, JPMorgan Chase and RBS in coordinated lender liability litigation arising from the failure of the Fontainebleau Las Vegas casino project; In re Idearc Inc., in which Mr. Rice was trial counsel for JPMorgan Chase in copyright-related lien litigation commenced by the Idearc Uninsured Creditors Committee; In re Enron Corp. Securities, Derivatives and “ERISA” Litigation, where Mr. Rice has served as lead counsel for JPMorgan Chase in securities and related litigations and government investigations; and numerous others.
Mr. Rice is the author of articles on a variety of topics, including "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 is admitted to the New York Bar and in a number of federal trial and appellate courts across the U.S. Mr. Rice is a member of the Board of Directors of New York Lawyers for the Public Interest. He has received a variety of professional recognitions, including for excellence in client service.
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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New York Court of Appeals Rejects Martin Act Preemption of Common Law Claims of Breach of Fiduciary Duty and Gross Negligence |
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Supreme Court Considers Tolling of Statute of Limitations in Section 16(b) Claims |
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Second Circuit Affirms Madoff Trustee’s Use of “Net Investment Method” to Calculate Net Equity Under SIPA |
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Reflections on Dodd-Frank: A Look Back and a Look Forward |
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The Supreme Court Limits Rule 10b-5 Liability to Person or Entity Making Alleged Misstatement |
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The Supreme Court Rejects Loss Causation Requirement at Class Certification Stage |
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The Supreme Court Holds that Reformation of ERISA Plan Terms Due to False or Misleading Plan Summaries Does Not Strictly Require a Showing of Detrimental Reliance |
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The Supreme Court Considers Loss Causation at Time of Class Certification |
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The Supreme Court Rejects Bright-Line Rule on Disclosure of Adverse Event Reports |
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The Supreme Court Considers the Materiality Requirement in the Context of Drug Companies’ Disclosure of Adverse Event Reports |
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The Supreme Court Considers the Liability of Investment Advisers in Federal Securities Fraud Cases |
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The Supreme Court Examines Requirements for ERISA Plan Beneficiaries to Recover Additional Benefits Based on Inconsistency Between the Plan’s Summary Plan Description and the Plan Itself |
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The Supreme Court Affirms the Constitutional Validity of the PCAOB; Strikes Down “Double For-Cause” Removal Provisions as Unconstitutional |
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The Supreme Court Limits the Extraterritorial Application of the Antifraud Provisions of the U.S. Securities Laws |
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The Supreme Court Rejects “Inquiry Notice” as Trigger to Start Running the Statute of Limitations in Securities Fraud Cases |
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The Supreme Court Requires Deference to Plan Administrator’s Interpretation of ERISA Plan Notwithstanding Administrator’s Prior Invalid Interpretation |
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The Supreme Court Considers the Application of the Antifraud Provisions of the United States Securities Laws in “Foreign-Cubed” Cases |
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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. 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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