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Goodwin

901 NEW YORK AVENUE, NW, WASHINGTON DC 20001, USA
Tel:
Work +1 202 346 4000
Fax:
Fax +1 202 346 4444
Email:
Web:
www.goodwinlaw.com

Thomas Hefferon

Tel:
Work +1 202 346 4029
Email:
Goodwin

Position

Partner Chair, Consumer Financial Services Litigation

Career

Tom Hefferon focuses his practice on general civil litigation, with particular emphasis on the defense of financial institutions in the consumer financial services industry in both administrative proceedings and in the courtroom. Mr. Hefferon is also chair of the firm's Consumer Financial Services Litigation Practice and frequently provides compliance advice and litigation risk analysis to industry clients.

Education

J.D., 1986 The University of Chicago (magna cum laude) B.A., 1982 Trinity College (magna cum laude)


United States: Dispute resolution

Appellate

Within: Appellate

Goodwin’s ‘tactical and strategically superior’ team provides ‘great client service, high commercial acumen, quality of work and attention’ in cases involving intellectual property, consumer lending and regulatory matters. Co-chair William Jay obtained a victory in the US Supreme Court for respondents in Star Athletica, LLC v Varsity Brands, Inc. On the courts of appeals level, Jay led a team representing Unwired Planet at the Federal Circuit appeal concerning the scope of the Patent Trial and Appeal Board’s ability to invalidate patents. Meanwhile, co-head Kevin Martin, who is an ‘excellent writer, advocate and strategist’, is representing the Massachusetts High Technology Council in appellate proceedings challenging compliance of the proposed increase of income taxes with constitutional restrictions on ballot initiatives. The group also assisted Alkermes as the intervenor-appellee at the DC Circuit case Otsuka v Burwell, in addition to representing Hewlett-Packard at the Federal Circuit appeal concerning constitutionality of the Patent Trial and Appeal Board’s inter partes review; the team successfully opposed MCM Portfolio’s subsequent certiorari petition in the latter. Thomas Hefferon and Brian Burgess are also recommended. Greenberg Traurig LLP’s ‘exceptionally knowledgeable’ group ‘swiftly provides pertinent opinions necessary to make real time decisions’. The team is representing Town of Ponce Inlet in an appeal stemming from a dispute with a would-be developer, who claimed unlawful deprivation of development opportunities. Dale Wainwright, who is ‘persuasive and concise in his argumentation’, represented the City of Lubbock in the Texas Supreme Court case stemming from the city’s water development plan conflicting with underground water rights of Coyote Lake Ranch. Elliot Scherker (Miami), Mark Solomons, Carmen Beauchamp Ciparick (New York) and Susan Phillips Read (Albany) head the practice. Barry Richard splits his time between Tallahassee, New York and Washington DC.

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Financial services litigation

Within: Financial services litigation

The ‘knowledgeable and strategic’ team at Goodwin has a ‘very strong reputation’ for consumer finance matters and continues to be active in many of the most significant enforcement actions, investigations and litigation in the sector. As well as his regular work on behalf of Bank of America, ‘excellent strategist’ Thomas Hefferon has been involved in numerous high-profile CFPB-related matters, such as on behalf of Ocwen Financial in the defense of litigation filed by the CFPB (and accompanying actions brought by both the Florida and Massachusetts attorneys general) challenging its loan servicing practices. Notably this matter has garnered particular industry attention as it is one of the most aggressive enforcement actions taken by the regulator against a mortgage loan servicer and as part of Hefferon’s defense the team is arguing an important administrative law issue in its assertion that the CFPB is unconstitutionally structured since it vests too much unfettered power in the hands of the CFPB's director and the bureau itself. David Permut regularly handles mortgage-related litigation and recently successfully secured summary judgment for Bank of America in a putative class action alleging that it had violated the Racketeer Influenced and Corrupt Organizations Act (RICO) in connection with its captive reinsurance arrangements. Grant Fondo and Richard Strassberg continue to represent the former CEO of Wells Fargo in high-profile class action and derivative litigation regarding the bank’s sales practices. Brian Pastuszenski is praised for his ‘informed and practical advice’. In March 2019, the firm acquired Douglas Flaum in New York, who was formerly co-head of securities litigation at Paul Hastings LLP

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