David G. Thomas

David G. Thomas

Shareholder

David Thomas is a litigation, trial, and appellate attorney focusing on defending companies against unfair or deceptive business practices claims in individual and putative class action settings. Among other things, David represents (1) manufacturers and retailers facing false advertising claims arising out of alleged violations of federal and state consumer protection statutes, including the Federal Trade Commission Act and "little FTC Acts" like Massachusetts General Laws Chapter 93A – the Massachusetts Consumer Protection Act, and (2) lenders, mortgage brokers and servicers facing predatory lending and unfair servicing claims arising out of the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), and state laws governing consumer financing and mortgage loan servicing. David also has represented companies and individuals facing securities law claims in an individual and class action setting and companies responding to civil investigative demands under the False Claims Act and state laws and enforcement actions brought by federal and state regulatory agencies, including the United States Department of Justice, Massachusetts Office of the Attorney General, and other federal and state agencies.

Concentrations
  • Defending unfair and deceptive business practices claims
  • Defending FLSA and state wage and hour claims brought by employees, including claims under the Massachusetts TIP Act.
  • Defending and prosecuting intra-company litigation, including corporate, LLC, and partnership disputes
  • Defending and prosecuting business and commercial claims between companies, including unfair methods of competition and unfair or deceptive business practices claims
  • Electronic discovery; David has been certified as an e-Discovery Specialist by ACEDS
Read More +

Capabilities

Experience

  • Ferreira v. Sterling Jewelers, Inc., et. al., United States District Court for the District of Massachusetts. Putative nationwide consumer-based class action alleging unfair and deceptive trade practices. Putative nationwide class narrowed to Massachusetts internet purchaser only putative class through initial motion practice. Discovery then limited to merits of putative class representative’s individual claims. Summary judgment entered in favor of defendant retailer.
  • Barsukova/Aviles v. Macy’s, Inc., United States District Court for the District of Massachusetts. Putative nationwide consumer-based class action alleging unfair and deceptive trade practices. Discovery limited during motion practice to merits of putative class representative’s individual claims. Case settled with individual class representative and no class-wide relief provided.
  • Derby v. Brooks Brothers, Inc., United States District Court for the District of Massachusetts. Consumer-based class action alleging unfair and deceptive trade practice. Discovery limited to merits of putative class representative’s individual claims. Case voluntarily dismissed with no payment to putative class representative.
  • Derby v. East Coast Alpine, Inc., Suffolk Superior Court. Putative Massachusetts consumer-based class action alleging unfair and deceptive trade practices. Case voluntarily dismissed after settlement with putative class representative. No class-wide relief provided.
  • Ashley Maher Day v. Smartbargains, Inc., et. al., United States District Court for the District of Massachusetts. Putative nationwide class action alleging unfair and deceptive trade practices. Agreed-to nationwide CAFA class action settlement negotiated, which provided eligible consumers with a discount code towards future purchase or weighted refund for returning product. Predominantly e-mail only notice program implemented.
  • Brickett v. HSBC Bank U.S.A., N.A., United States District Court for the District of Massachusetts. Unfair and deceptive trade practices claim brought against lender. Summary judgment in favor of lender obtained. 52 F. Supp. 308 (D. Mass 2014). Judgment affirmed on appeal. 607 Fed. App. 5 (1St CIA. 2015)
  • Cascio v. Lynette’s Limousines, Inc., Massachusetts Superior Court. Wage and Tip Act putative class action brought against employer (misclassification). Class-wide settlement approved by the Superior Court.
  • McKew v. VSM Sewing, Inc., United States District Court for the Eastern District of Virginia. Misclassification collective action brought under the Fair Labor Standards Act. Opt-in settlement class approved by the District Court.
  • Syracuse v. Orion Refining Corp., United States Bankruptcy Court for the District of Delaware. Breach of contract action brought by sub-contractor concerning material reclaimation of metals from oil refinery. Judgment for defendant after trial. 424 B.R. 156 (Bankr. D. Dec. 2010), aff’d 445 B.R. 312 (D. Dec 2011).
  • Mills v. U.S. Bank Nat. Ass’n, N.A et. al., United States District Court for the District of Massachusetts. Unfair and deceptive lending practices claims brought against lender and servicer. Nineteen count complaint dismissed with dismissal affirmed on appeal . 2013 WL 1389751 (D. Mass. 2013), aff’d 753 F.3d 47 (1dt Cir. 2014).
  • SunLink Corporation v. American Capital Energy, Inc., AAA Arbitration.  Breach of contract and unfair business practices claim arising out of the sale of solar racking systems.  $10,000,000+ award for claimant obtained.

Recognition & Leadership

  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
  • Member, American Bar Association
  • Member, Boston Bar Association
  • Member, Massachusetts Association of Trial Lawyers

Credentials

Education
  • J.D., magna cum laude, Suffolk University Law School
  • Graduate Certificate of Special Studies in Administration and Management, Harvard University Extension School
  • B.A., Legal Studies, University of Massachusetts at Amherst
Admissions
  • Massachusetts
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts