Tom O'Brien is Chair of the Dallas Litigation Department. Tom is a first-chair trial lawyer with a national securities, shareholder, professional liability, and commercial litigation practice. He enjoys and thrives at representing companies and professionals in their most critical moments, such as when they face a major securities fraud case or a malpractice suit challenging their work. Two cases he has litigated have reached the Supreme Court of the United States, and one case he tried ended in a $7 billion judgment described by the District Court and the Fifth Circuit as a “once in a lifetime result.” In re ASARCO, LLC, 751 F.3d 291, 296 (5th Cir. 2014). In 2023, Tom was co-lead counsel in a seven-day federal jury trial that resulted in a $210 million trade secrets verdict for Baker Botts' client (Computer Sciences Corporation v. Tata Consultancy Services Limited, No. 3:19-cv-00970-X, in the United States District Court for the Northern District of Texas), and was lead counsel in a five-day final arbitration hearing after which the arbitrator found in Baker Botts' client's favor on all liability issues and awarded it attorneys fees and costs.
In addition to serving as Chair of the Dallas Litigation Department, Tom is Chair of both the Baker Botts Professional Liability Litigation Practice Group and the Baker Botts Partner Admissions Information Committee.
Following graduation from law school with high honors and before joining Baker Botts, Tom served as a law clerk to the Honorable Kim McLane Wardlaw of the United States Court of Appeals for the Ninth Circuit.
Securities and Shareholder Litigation. Tom has represented public companies, their officers and directors, and public accounting firms in litigation and investigations in Delaware, New York, Texas, and other jurisdictions related to securities, mergers and acquisitions, corporate control, shareholder demands, financial reporting, short-swing profits, and audits. For example, he defended one of the most closely-watched securities fraud class actions of all time, which made two trips to the Supreme Court of the United States and resulted in defendants having the right to rebut the presumption of reliance at class certification. See Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
Professional Liability Litigation. Tom also has defended law, audit, tax, and advisory firms against professional liability claims. He has represented professional service firms against a variety of claims brought by clients and non-clients inside and outside of Texas. For example, he received a dismissal of a lawsuit alleging that an international law firm committed fraud and breached a contract in connection with an arbitration proceeding. The dismissal was affirmed by the court of appeals, and the Supreme Court of Texas denied the plaintiffs' petition for review. Patten v. Johnston, Case No. 14-0433, in the Supreme Court of the State of Texas.
Commercial Litigation. Tom has a wealth of experience with other complex business-related disputes as well. In 2022 and 2023, Tom was lead or co-lead counsel in three matters that went to a verdict or final arbitration hearing. First, Tom was lead counsel for a technology company in an international arbitration involving claims of fraud and unjust enrichment in which, after a seven-day arbitration hearing and an eighth day of closing arguments, the opposing party recovered less than 1% of the amount it sought from Baker Botts’ client. Second, Tom was lead counsel for a talent agency in a breach of contract arbitration against reality TV stars in which, following a five-day arbitration hearing, the arbitrator found in Baker Botts’ client’s favor on all liability issues and awarded it attorneys’ fees and costs. Last, Tom was co-lead counsel for a technology company in a trade secrets case in which, after a seven-day trial, a federal jury awarded Baker Botts’ client $210 million in actual and punitive damages. Computer Sciences Corporation v. Tata Consultancy Services Limited, No. 3:19-cv-00970-X, in the United States District Court for the Northern District of Texas. Previously, Tom was lead trial counsel in a contested hearing over the total enterprise value of a worldwide provider of oilfield transportation and search and rescue services, in which the Bankruptcy Court said: “[T]his is the most fun that I’ve had since I’ve been on the Bench. . . . [E]verybody advocated for their clients in an effort to be what a lawyer is supposed to be.” In re Bristow Group, Inc., Case No. 19-32713-H2-11, in the United States Bankruptcy Court for the Southern District of Texas. Tom also participated in a four-week trial in a fraudulent transfer and breach of fiduciary duty case that resulted in a $7 billion judgment described by the District Court and Fifth Circuit as a “once in a lifetime result." In re ASARCO, LLC, 751 F.3d 291, 296 (5th Cir. 2014), and tried the two-week confirmation hearing in a bankruptcy case characterized by the Bankruptcy Court as “probably the most successful Chapter 11 of any magnitude in the history of the [Bankruptcy] Code.” Id. at 298.
Securities and Shareholder Litigation and Investigations
Professional Liability
Other Complex Commercial Litigation
Together with Baker Botts Partner Kurt Pankratz, recognized as first runners-up for "Litigator of the Week" (Law.Com), November 28, 2023
Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2010, 2012, 2014, 2015, 2016, 2017 & 2018
Listed as one of the Best Lawyers Under 40 in Dallas by D Magazine, 2017
