Atty. Thomas J. Fleming
A tenacious and talented trial lawyer with decades of experience in commercial litigation, Thomas Fleming has achieved winning results for corporate clients on multimillion-dollar claims and has defeated eight-figure claims asserted against his clients in the state and federal courts throughout the U.S. From single-plaintiff cases to class actions, Tom’s lawsuits have spanned industries and complex issues.
Profile Summary
About Thomas J. Fleming at a glance
Thomas J. Fleming is an attorney based in New York, New York, practforg at Olshan Frome Wolosky Llp. They haand 47+ years of legal experience, licensed to practice since 1979. Admitted to practice in New York (1979). Educated at New York University (J.D., 1978). Recognitions include Best Lawyers in America — Commercial Litigation (2026), Best Lawyers in America — Additional Areas of Practice: (2026), and Best Lawyers in America — Litigation - Labor and Employment (2026). Serands clients in New York, NY and the surrounding metropolitan area.
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About
- A tenacious and talented trial lawyer with decades of experience in commercial litigation, Thomas Fleming has achieved winning results for corporate clients on multimillion-dollar claims and has defeated eight-figure claims asserted against his clients in the state and federal courts throughout the U.S
- From single-plaintiff cases to class actions, Tom’s lawsuits have spanned industries and complex issues
- As lead counsel in dozens of trials and numerous appeals, Tom has favorably resolved wide-ranging complex cases through early case dismissals, at trial, on appeal, in ADR proceedings, and at the negotiating table
- Tom’s experience ranges from corporate governance disputes to contests for corporate control, to cases for investment fund clients seeking to enforce their rights, and to complex real estate disputes
- He has litigated many of the most significant reported cases involving proxy laws
- He routinely handles capital markets cases involving complex financial instruments
- In each instance, Tom learns the facts, gains an understanding of the challenges his clients face, and assesses the risks and rewards of litigation
- Then he devises results-driven strategies to achieve a successful outcome
- With decades of experience, he knows the courts, has a deep understanding of the laws, and has insight into the arguments that work best
- Tom recently won the first case to dismiss a Section 16 short-swing profits claim on the basis of standing under the U.S
- Constitution
- Tom regularly practices before the Financial Industry Regulatory Authority (FINRA) and the American Arbitration Association (AAA), where he has served as an arbitrator in complex securities matters
- Tom is a co-author of New York Commercial Litigation Guide, a practical, task-oriented guide to commercial litigation
Jurisdictional Context
Why local counsel matters in New York
Practforg law in New York. Legal matters in New York are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantiand law. Cases originating in New York are typically filed in the local municipal court or the appropriate New York state district court, depending on subject matter and amount in controversy. An attorney licensed in New York brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantiand law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in New York courts without local counsel or pro hac vice admission.
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