- J.D., Brooklyn Law School, 2010, magna cum laude, Business Manager of the Brooklyn Law Review
- A.B., Dartmouth College, 2006
- New York
- Second Circuit Court of Appeals
- Southern and Eastern Districts of New York
Thomas Monahan is an associate in the Business Trial Practice Group in the firm's New York office.
Areas of Practice
Mr. Monahan’s practice focuses on complex commercial litigation, copyright and media law, and bankruptcy litigation. Mr. Monahan has experience representing clients during all stages of the litigation process, through and including trial. He has represented clients in cases involving complex commercial transactions, securities and financial services litigation, business and partnership disputes, unfair competition and restrictive covenants, real estate transactions, insurance coverage and recovery, and intellectual property. Mr. Monahan’s intellectual property practice focuses on prosecuting and defending copyright infringement and Lanham Act claims. Mr. Monahan also has experience with bankruptcy-related litigation, including fraudulent transfer, preference avoidance, and clawback actions.
Complex Commercial Litigation – Mr. Monahan has practiced complex commercial litigation throughout his legal career. His experience includes preparing for and participating in more than a dozen trials and arbitration proceedings. Mr. Monahan also provides litigation counseling and negotiates on behalf of his clients in order to avoid contested litigation. In cases that have proceeded to litigation, Mr. Monahan has frequently obtained dismissal of claims prior to trial, including the recent dismissal of a securities fraud litigation where the plaintiffs sought more than $200 million. Mr. Monahan generally handles any appellate practice related to the litigation matters that he has been involved in, and has practiced before the United States Court of Appeals for the Second Circuit, the New York Court of Appeals, and the First, Second and Third Departments of the New York Appellate Division. Mr. Monahan also has extensive experience in assisting clients with navigating the electronic discovery process.
Copyright and Media Law – Mr. Monahan has represented copyright and media clients in the music, technology and digital media fields. Mr. Monahan has prosecuted and defended copyright claims on behalf of recording artists, record labels, technology companies, digital and traditional media companies, and retail businesses with respect to musical compositions, sound recordings, digital images, videos, photographs, software and source code. Mr. Monahan represented the iconic hip-hop band Beastie Boys in connection with a copyright and unfair competition suit against Monster Energy Company. Mr. Monahan was a member of the trial team that obtained a $1.7 million jury verdict in the band’s favor after a two-week trial in Manhattan federal court. Mr. Monahan has also litigated First Amendment issues involving the media, with respect to subpoenas and defamation claims, and is a member of the New York State Bar Association Committee on Media Law.
Bankruptcy Litigation – Mr. Monahan has represented debtors, creditors’ committees and major financial institutions in connection with litigation and other liability issues throughout the bankruptcy process. Mr. Monahan’s experience includes the trial of a fraudulent transfer claim before the United States District Court for the Southern District of New York, handling litigation issues in connection with the filing of a Chapter 11 mega-case, and providing litigation counseling for debtors, creditors’ committees, and other interested parties.
Co-authored article entitled "Octane Fitness Producing More Patent Act and Lanham Act Attorneys’ Fee Awards,” NYSBA Bright Ideas, Vol. 24, No. 2., Fall 2015
Corporate & Securities Law Blog Posts
- "Second Circuit Applies Morrison v. National Australia Bank to Allow Certain Extraterritorial Application of RICO," May 12, 2014
- "Second Circuit Applies Morrison to Criminal Prosecution Under Section 10(b) and Rule 10b-5," October 23, 2013
New York Commercial Division Round Up Blog Posts
- "Be Sure to Sue Before Your Defendant Moves: Appellate Division Finds No Jurisdiction Over Defendant Company After Sale of Its New York Assets," July 18, 2016
- "Commercial Division Rules Revamp Encourages International Arbitration Matters In The New York County Commercial Division," January 6, 2016
- "Justice Anil C. Singh Appointed to New York County Commercial Division," April 13, 2015
- "Justice Saliann Scarpulla Appointed to New York County Commercial Division," February 7, 2014
- "First Department Sustains Connecticut Unfair Trade Practices Act and Other Claims Against Subsidiaries and Officers of Lehman Brothers Based Upon An Allegedly Improper Asset Substitution on the Eve of the Lehman Brothers Collapse," September 20, 2013
- Beastie Boys Atty Claims Monster Infringement 'Devious' Law360, October 17, 2014
- American Bar Association
- New York State Bar Association
- New York City Bar Association
- New York County Lawyers' Association
- Dartmouth Lawyers Association