McNeill, Thomas G.

Education

University of Notre Dame

B.A., 1981
  • magna cum laude
  • Phi Beta Kappa

University of Virginia

J.D., 1984
  • Trial Advocacy Award
  • Chief Commissioner, North Grounds Softball League
  • Founder, National Law School Softball Tournament (30th Anniversary in 2013)

Bar Admission

Michigan

Thomas G. McNeill

Member

Overview

Tom McNeill is engaged in a broad commercial litigation practice representing Fortune 500 Companies, middle market and emerging businesses and their principals. With more than 30 years of trial, litigation and arbitration experience, Tom focuses his practice on middle market business cases, automotive supply disputes and complex financial litigation, including in the areas of securities, antitrust, banking, private equity, mergers and acquisitions and financial statement accounting. He has represented officers and directors in more than 300 cases, covering a wide range of inter and intra-company disputes involving tort, contract and statutory claims. In addition, Tom has represented institutional and individual trustees responsible for assets ranging from $10 million to $3.5 billion. He has tried 36 cases to verdict or award, compiling a record of 36-1.

Prominent Assignments

Represented defendants in more than 35 securities and ERISA class actions, including recent cases involving Ford Motor Company, Collins & Aikman, Hayes-Lemmerz International, Lear, Visteon, Paychex, Reddy Ice, FMF Capital and Mackinac Financial.

Defense of Seller against fraud and representation and warranty claims asserted by private equity purchaser in connection with the sale of a $300 million automotive supplier.

Defense of Japan-based automotive supplier in antitrust civil class actions.

Represented private equity interests in litigation and arbitration stemming from the purchase or sale of portfolio companies.

Defended a variety of companies in consumer class action claims, including recent cases for McDonald's, Scotts Miracle Gro and Asset Acceptance Capital. 

Represented Fortune 500, middle market and closely held companies in a wide range of business tort matters, including theft of trade secrets and violations of covenants not to compete and covenants not to solicit customers or employees.

Represented companies and individuals in SEC investigations and enforcement actions.

Represented accounting firms for more than twenty-five years, including in the cases that established Michigan Supreme Court precedent for the proper statute of limitations and the limited standing of creditors to sue their debtor’s accountants.

Defense of banking, lending and investment institutions and firms against a wide range of customer contract and tort claims frequently seeking seven, eight and nine figure damages.

Represented major cancer medical center disputing putative exclusive affiliation within Metro Detroit with multi-disciplinary medical center. 

Represented international actuarial firm in defense of putative professional negligence claims.

Represented The Coca-Cola Company and subsidiary (Energy Brands, Inc.) in termination of the exclusive distributor of VitaminWater™ in Southeast Michigan.

Represented McDonald's Corporation in national class action alleging putative violations of Muslim dietary laws (settlement covered by more than 100 media outlets). 

Defense of Trustee against breach of fiduciary duty claims arising from sale of $400 million automotive supply company.

Defense of employer in Fair Labor Standards Act collective action asserting an exemption defense under the Motor Carrier Act.

Represented Chairman and CEO of one of Michigan's largest charitable foundations concerning internal governance issues. 

Represented a major insurance company in $100 million coverage dispute under a fidelity/employee dishonesty policy.

Spearheaded the litigation eliminating a twenty year land use restriction, clearing the way for the Star Southfield Movie Theater Complex and a Lexus car dealership.

Represented international CPA firm that certified the results of the “McMillions” TV promotional game.

Represented the National Hockey League in cases involving defecting Russian hockey players.

Represented Major League Baseball with respect to litigation avoidance and legal compliance matters associated with the All Star Game hosted in Detroit.

Represented Motown Music and Berry Gordy against royalty claims asserted by the famed song writing trio of Holland, Dozier & Holland.

Prevailed at arbitration for FTD Association against the acquirer of its wholesale operations in a “bet the company” case concerning ownership and control of all FTD trademarks.

REPRESENTATIVE NATIONAL CLIENTS

  • AT&T
  • BDO USA
  • Benteler Automotive
  • The Coca-Cola Company
  • Crowe Horwath
  • Ernst & Young 
  • JPMorgan Chase Bank
  • Barbara Ann Karmanos Cancer Institute 
  • McDonald's Corp. 
  • MGM Resorts International and MGM Grand Detroit
  • Northern Trust Corp.
  • The Scotts Miracle-Grow Company
  • Usui Kokusai Sangyo Kaisha
  • Willis Towers Watson

REPRESENTATIVE MIDDLE MARKET AND ENTREPRENEURIAL CLIENTS

  • Advanced Cardiology Associates
  • Arabian Horse World
  • Brew Detroit
  • Callidus Capital
  • E&E Manufacturing
  • Health Management Associates
  • IPS Assembly
  • J&B Medical Supply
  • Life Assurance Investment Advisors 
  • Matchbox Restaurants
  • Peninsula Capital Partners
  • Physicians Eye Care Associates
  • Robotic Vision Technologies
  • Sonus Engineered Solutions
  • Star Partner Enterprises (holding company of KFC franchises)
  • Wind Point Partners
  • Wolverine Energy

Professional Involvement

  • Federal Bar Association, Eastern District of Michigan Chapter, sustaining member, Past President (2012-13), Officer and Board Member
  • Federal Bar Association (the national organization), 6th Circuit Vice President with supervisory responsibility for 12 FBA Chapters, Federal Litigation Section, member and past officer
  • State Bar of Michigan Foundation, Fellow (Top 5% of the profession in the State)
  • Merit Selection Panel for Eastern District of Michigan Magistrate Judge Position (2011), Chairman
  • Appellate Defender Commission, Member, 2011 to present, Vice Chair, Nominated by Michigan Supreme Court, Appointed by Governor Rick Snyder
  • Oakland County Bar Association, Fellow and Advisory Committee to Business Court, member
  • Detroit Bar Association, past President, Inn of Court, 2013-15 (2014 "Section of the Year" Award)
  • Active Fundraiser for state Judicial Officers and candidates for open seats

Publications/Presentations

  • Michigan Business Torts, Pappas, Quick and McNeill (ICLE 2003, 2007, 2009, 2013 and 2017), the State’s seminal text in the field
  • American Bankruptcy Institute Conference, Trial Demonstration, Instructor (2016, 2013)
  • Michigan State University Law School, Trial Advocacy Course, Visiting Instructor (2017, 2016)
  • Western Michigan University Cooley Law School, Paralegal Course, Visiting Instructor, Electronically Stored Information (2017)
  • E-Discovery Blue Ribbon Study Panel, Co-Chair with Michigan Supreme Court Justice Bridget McCormack (2016-17)
  • Michigan Business Courts (20 Judges from across the state selected by Michigan Supreme Court), presentations on commercial litigation case management best practices and on electronically stored information (2017, 2016)
  • “High Stakes Gambling Litigation,” national Canadian Gaming Summit, Windsor, Ontario (2015)
  • "Cross Examining Financial Experts in Bankruptcy Court" (October, 2011), sponsored by the Federal Bar Association (E.D. Mich.)
  • “The Definitive Non-Compete Agreement” (January, 2011), sponsored by ICLE
  • “Pre-filing Pitfalls, Initial Disclosure and Discovery” (December, 2009-2015), sponsored by the Federal Bar Association (E.D. Mich.)
  • “Financial Litigation in Federal Court” (February, 2008), sponsored by the Federal Bar Association (E.D. Mich.)
  • “Electronic Discovery: Legal and Technical Issues for Today’s Trial Lawyer” (February, 2006), sponsored by the Federal bar Association (W.D. Mich.)
  • “Litigating Non-Competition Agreements” (August, 2003), ICLE’s Masters of Litigation Series
  • “Managing Pretrial Discovery of Electronic Data” (July, 2001), ICLE’s Masters of Litigation Series

Serving as Michigan Counsel for National Firms and Their Clients

  • Bracewell & Giuliani
  • Cahill Gordon & Reindel
  • Davis, Polk & Wardell
  • DLA Piper
  • Duane Morris
  • Faegre Baker Daniels 
  • Groom Law Group
  • Hunton & Williams
  • Kaye Scholer
  • Kirkland & Ellis 
  • Latham & Watkins
  • Mayer Brown
  • Morgan, Lewis & Bockius
  • Mitchell, Silberberg & Knupp
  • Nixon Peabody 
  • Proskauer Rose
  • Shearman & Sterling
  • Sheppard, Mullin, Richter & Hampton
  • Skadden, Arps, Meagher & Flom
  • Steptoe & Johnson
  • Vinson & Elkins
  • Willkie, Farr & Gallagher
  • Wilmer, Hale, Pickering, Hale and Dorr
  • Winston & Strawn
  • EMAIL
  • |
  • PRINT

Areas of Practice

Acknowledgements

  • Listed in Chambers and Partners USA, Best in Their Field, Commercial Litigation
  • Listed in Best Lawyers in America (Bet-the-Company Litigation, Commercial Litigation, Banking and Finance Litigation, Mergers and Acquisitions Litigation, Securities Litigation)
    • 2013-14 "Lawyer of the Year" in Mergers & Acquisitions Litigation
    • 2014-15 "Lawyer of the Year" in Securities Litigation 
    • 2016-17 "Lawyer of the Year" in Litigation - Banking and Finance
    • 2017-18 "Lawyer of the Year" in Securities Litigation
  • Listed in Benchmark Litigation, Michigan Litigation Star
  • Listed in Michigan Super Lawyers, Top 100 in the State and in Business Litigation
  • State Bar of Michigan, 2014 Kimberly M. Cahill Award for Bar Leadership