Robert Tom

Robert F. Tom represents clients in litigation involving contract disputes, banking and financial services disputes, and product liability claims. With an emphasis on commercial, banking, financial services and product liability litigation, Mr. Tom represents clients in all aspects of litigation in state and federal courts.

He is aggressive in the representation of his clients and their interests, but, understanding the needs of the client, he also seeks to obtain resolution of disputes in the most cost-effective manner. In his almost 15 years of practice, he has tried numerous cases to judges, juries, and arbitrators.

In regard to his banking and financial services litigation experience, Mr. Tom has successfully defended clients against claims asserting violations of the Tennessee Consumer Protection Act (TCPA), the Home Affordable Modification Program (HAMP), Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act (TILA) and Right to Financial Privacy Act (REPA).

Mr. Tom routinely defends clients against common law claims, such as breach of contract, breach of fiduciary duty, conversion, negligence, tortious interference, inducement of breach of contract, civil conspiracy and fraud.

Mr. Tom is also experienced in creditors’ rights litigation, is well-versed in limited-recourse guaranty issues, and has obtained numerous restraining orders, injunctions and receivership appointments on behalf of lenders and servicers.

In addition to his commercial litigation practice, Mr. Tom also has significant experience defending manufacturers and retailers in product liability litigation, involving drugs, medical devices, and food and food labeling.

EDUCATION:

• Tulane University Law School, J.D., 2004, cum laude
• Emory University, B.B.A., 2000

ADMISSIONS:

• Florida, 2004
• United States District Court for the Middle District of Florida, 2005
• United States District Court for the Western District of Tennessee, 2007
• United States District Court for the Middle District of Tennessee, 2011
• Arkansas, 2013

Representative Matters:

• Represented a financial institution in a lawsuit alleging violations of the Telephone Consumer Protection Act based on more than 400 alleged telephone calls to the plaintiff’s cellular phone.
• Defended a pharmaceutical company in a product liability lawsuit alleging that prescription medication manufactured by the company was inadequately labeled; obtained dismissal of the lawsuit on a motion to dismiss.
• Defended a financial institution in a lawsuit alleging improper withdrawals of funds from a checking account which resulted in the plaintiff’s voluntary dismissal of the case.
• Defended a grocery store in a product liability lawsuit alleging that food purchased from the store was improperly labeled, causing the minor plaintiff to have a severe allergic reaction.
• Obtained summary judgment for a national financial institution in a lawsuit alleging multiple violations of the Right to Financial Privacy Act.

Professional Honors & Activities:

• Leadership Council on Legal Diversity Fellow (2013); Regional Committee (2014); Outreach Committee (2014)
• Member – National Asian Pacific American Bar Association (NAPABA)
• Managing Editor, Tulane Maritime Law Journal
• Named to Lawyers of Color’s Inaugural Hot List (2013)