Shearman And Sterling

Thomas Martin formerly headed the Complex Commercial Litigation Group and the firm’s Appellate and Supreme Court Practice Group. He is now Of Counsel and resident in Washington D.C.

Mr. Martin represented clients in matters related to federal enforcement and disputes arising under U.S. laws regulating business activities. His practice included civil and criminal enforcement matters, agency and internal investigations, and advocacy before courts, agencies and the Congress. His significant matters as lead counsel included:

  • Numerous internal investigations, including for GE Aircraft Engines, Cincinnati Bell Telephone, Pilgrim Baxter; Fairfax, DESTEC Energy, Legg Mason, CAE, Burlington Industries, and General Tire involving among other subjects, SEC, FCC, FCA, ERISA and customs compliance issues as well as successful resolution of follow-on federal and state government investigations and private class action lawsuits.
  • The defense and vindication of Theodore Olson (subsequently U.S. Solicitor General) in a five year investigation by an Independent Counsel including a challenge to the constitutionality of the Independent Counsel statue argued by Mr. Martin before the U.S. Supreme Court.
  • Numerous trial and appellate proceedings on behalf of the former MCI arising out of its efforts to break the then telecommunications monopoly of ATT including civil antitrust litigation, regulatory appeals before the DC Circuit, and participation in the so-called Triennial Review of compliance with the antitrust judgment.

Mr. Martin was also active in litigating complex commercial disputes, particularly those involving allegations of fraud or intentional wrongdoing. Among the more prominent commercial disputes where Mr. Martin was lead counsel were:

  • The 15 year pursuit by EMLICO (GE’s insurer) of reinsurance for asbestos and environmental liabilities of the General Electric company including approximately 100 days of arbitration testimony; two appeals to the US Court of Appeals for the Second Circuit, three appeals to the Supreme Court of Massachusetts, injunction proceedings before the US District Court for Massachusetts, trial and appellate proceedings in Bermuda, and a trial before the US District Court Southern District of New York. Almost a billion dollars of reinsurance were eventually recovered for the benefit of General Electric.
  • The trial before the US Tax Court of a cutting edge issue involving the tax status of a complex financial product where the amount in controversy for the taxpayer is nearly 1/2 billion dollars.
  • The successful defense before the Court of Appeals of the Tenth Circuit against efforts to enforce antitrust laws against the Organization of Petroleum Exporting Companies.

Mr. Martin formerly held a number of significant positions within the U.S. Department of Justice including the direction of its nationwide civil litigation practice as Acting Assistant Attorney General, and direction of its affirmative and defensive injunctive litigation as Deputy Assistant Attorney General for Federal Programs. Among the more prominent cases where Mr. Martin was lead counsel were:

  • The successful effort of the United States to obtain a prior restraint against the publication of secrets relating to the H Bomb by the Progressive Magazine.
  • The nationwide litigation that froze Iranian Assets and the successful transfer of those assets in the face of litigation challenges to facilitate the freeing of US hostages.

While at the Department of Justice, Mr. Martin served in the Office of the US Solicitor General, and as Deputy Assistant Attorney General supervised government civil appellate practice nationwide. In addition to his trial work, Mr. Martin has also had four arguments before the U.S. Supreme Court and has appeared extensively before the US Courts of Appeals and various state appellate courts. Mr. Martin has taught appellate practice before the Attorney General’s Advocacy Institute.


Regional Experience