Thomas G. McNeill

Tom consistently obtains superior results for clients in trial, arbitration, dispositive motions, negotiation and mediation in a wide range of commercial and business litigation and disputes, with the experience of a 37-year litigation career (all at Dickinson Wright).

For the best interests of his clients, Tom is warrior, worrier and creative problem solver; he litigates aggressively with high energy, dedicated passion and full proactive commitment to the cause, and it shows in the results.

From the front end of the case, leading a Dickinson Wright team, Tom fully investigates the facts, assists the client in defining their litigation and business goals and objectives, develops the “battle plan” with the client, and then effectively and cost-efficiently executes the plan to achieve the client’s end game – whether in an early resolution, all the way through trial and appeal, or at any point in between as Tom and the team create opportunities for the client to secure a successful result.

Chambers USA recognizes Tom as one of only five lawyers statewide for its highest rating, “Band 1,” for general commercial litigation; and he has received the highest acknowledgments and “ratings” in all other peer evaluation-based publications, as listed in the Experience page of this bio.

In business to business litigation and in representing individuals, in both defense and plaintiff engagements, the claims in these client matters have ranged from tens of billions, to 7, 8 and 9 digit millions, to several hundred thousands of dollars over the course of hundreds of cases.

Tom loves trying cases, if that’s what the client decides. He has tried approximately 50 cases to verdict, and commenced many others that settled during trial. Tom has prevailed for his client in every trial to verdict – defense client’s “no-cause” judgment or a plaintiff client’s damages verdict – except one, in which Tom and a partner colleague obtained an 18-month injunction to preserve the business division, but the jury determined that there were no lost profits.

Tom has extensive experience as lead counsel in the following areas:

• All manner of commercial contract cases and disputes in a wide range of industries and disciplines, including supply and distribution contracts, professional services agreements, purchase and sale agreements, sales of high priced or high volume goods (under the UCC) and under corporate organizational documents and operating agreements. As a sub-specialty, Tom is recognized as market leader in automotive supply breach of contract cases, typically representing a Tier 1 or 2 client.

• Complex financial litigation, including in the areas of securities, antitrust, private equity, mergers and acquisitions, banking and technical financial statement-based accounting claims and damages.

• The broad field of “business torts,” including breach of fiduciary duty, shareholder disputes (and shareholder oppression), claims of trade secret act violations, and breach of non-competition, anti-solicitation, and confidentiality agreements. Since 1999, Tom has served as co-author and co-editor of Michigan Business Torts, now in the 2020 edition, which is the gold standard treatise in the field, relied upon by judges, trial lawyers and in-house counsel.

• The representation of business organization officers and directors covering a wide range of inter- and intra-company disputes involving tort, contract, equity and statutory claims.

• The defense of class actions alleging securities act, ERISA or consumer act violations actions against the company, and/or its officers or directors.

• The defense of putative “malpractice” claims against international, national and regional accounting, actuarial and other professional service firms (but not law firms) – a rare specialty in the Michigan bar.

• Health care industry litigation, particularly in disputes within physician practices.

Tom has strong professional relationships with the Judges presiding in his “home courts” – the U.S. District Court for the Eastern District of Michigan, the Business Courts of the Michigan Circuit Courts (particularly in Wayne, Oakland, Washtenaw and Macomb Counties), and before general civil docket circuit judges across Michigan. Tom also has appeared in cases across the country in many federal and state courts.

Based upon his distinguished reputation, Tom has served as Michigan co-counsel in federal and state courts for numerous law firms listed in the AmLaw 50, 100 and 200 and other prominent national law firms, including those listed in the Experience page.

As Mediator or Arbitrator

In his service as a mediator, Tom is recommended by Judges before whom he regularly practices, selected by practitioners with and against whom he has litigated, and based upon his market reputation as trial counsel, legal counselor, and mediator. With a full trial counsel docket, Tom tends to limit his service to one or two mediations per month. Tom served as one of the discovery dispute facilitators in Oakland County Business Court for Judges James Alexander and Wendy Potts (2017–2020) In 2018, Tom advanced his mediation credentials by participating in ICLE’s hands-on, award-winning 40-hour mediation training program approved by the Michigan Supreme Court Administrative Office.

Tom’s approach as mediator mirrors his litigation approach: detailed preparation, understanding the facts and applicable law; identifying each party’s goals, objectives, “needs,” perspective and motivation (typically during a pre-mediation day session with each party’s decision-makers and counsel); working the practical dynamics that exist in the case; applying a mix of evaluative and facilitative style and, with the benefit of the hundreds of cases he has litigated; and assisting the parties in identifying creative and out-of-the box business solutions when more than “just money” is at stake.

Tom also has served as an arbitrator several times, including in two cases tried to final award – one of those cases filed by rocker Ted Nugent, concerning the manufacture of his “Womp Master” arrowhead design, with highly entertaining war stories never to be told. Tom adjudicates to fast-paced schedules and absolute merit-based awards, without “compromise” outcomes that are the hallmark of the very different mediation paradigm.

Please see the Experience page for the following additional information concerning Tom:

• Professional Involvement
• Professional Acknowledgements
• Firm Management
• Representative National Clients
• Serving as Michigan Counsel for National Firms and their Clients
• Publications and Presentations