Thomas P. Battistoni
Partner
In My Own Words
Thomas P. Battistoni is a former Assistant U.S. Attorney who prosecutes claims and defends clients in commercial disputes. With 30 years experience as a trial lawyer, he has represented Fortune 100 companies, financial institutions and corporate officers in litigations in federal, state and bankruptcy courts. He also creatively resolves issues through arbitrations and mediations in alternative dispute resolution (ADR) proceedings. Mr. Battistoni enforces clients' rights in intellectual property, defends lenders and business interests with respect to land use and creditors' claims, and litigates disputes relating to the ownership, development and disposition of real estate. He handles contract and environmental litigations, as well as unfair competition cases, fraud claims and actions arising under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and other statutes.
Experience
- Prosecuted fraudulent transfer claims against principals and successor entities of defunct debtors and recovered millions for defrauded creditors through a federal RICO action
- Defended businesses and financial institutions sued in putative class actions under federal and state labor statutes, the Fair Debt Collection Practice Act, and common law and public nuisance causes of action
- Recovered revenues owed by WorldCom through aggressive state and then bankruptcy court litigations
- Handled international arbitrations in London and New York for European clients in connection with complex corporate transactions.
- Resolved through mediation urgent business disputes among major corporations.
- Preserved clients' interests in complex disputes regarding software, Web sites, trademarks, licensing and leasing issues
- Overturned an unfair government bidding program through an emergency hearing and trial that exposed unfair competition and awards to non-conforming bidders
- Rescued a historic library and community center by reversing on appeal a lower court judgment in a cy pres proceeding that would have liquidated the charity's assets
- Represented major corporations and a national construction company in connection with contract and environmental claims
Speeches and Presentations
"When Authorities Ask 'What Did Your Employees Know and When Did They Know It?' — Current Approaches to Limiting Liability and Protecting Clients' Rights" (Moderator) Schiff Hardin LLP, New York, NY (November 19, 2008)
"Preparing for Difficult Times: Foreclosures and Bankruptcies," New York, NY (March 26, 2008)
Previous Experience
He was an Assistant U.S. Attorney (1983 to 1985) and Deputy Division Chief (1985 to 1986) in the U.S. Attorney's Office for the Eastern District of New York.
Awards and Honors
Martindale-Hubbell — A/V Rated
New York Super Lawyers — Alternate Dispute Resolution
New York Super Lawyers — Business Litigation
Education
New York University School of Law(J.D., 1979)Root Tilden Scholar
Princeton University(M.P.A., 1979)
University of Missouri(B.A., magna cum laude, 1975)Phi Beta Kappa
Evans Scholar
Clerkships
Honorable Robert E. Seiler and to the Court, Supreme Court of Missouri (1979 - 1980)
Professional Memberships
American Bar Association
Section of Litigation
Section of Dispute Resolution
Federal Bar Council
New York State Bar Association
Commercial and Federal Litigation Section
Committee on Bankruptcy Litigation
Dispute Resolution Section
Civic and Charitable Memberships
Public Interest Law Foundation
Chairman (1986 - 1987)
Board Member (1984 - 1987)