Tom Richey concentrates his practice in securities, banking and corporate litigation. Mr. Richey provides more than 35 years of broad-based experience in securities, financial and corporate litigation involving antifraud and non-registration claims, tender offers, mergers and insider trading issues, shareholder class actions and derivative actions, regulatory and enforcement actions, dissenting shareholder stock appraisal proceedings, director and officer liability insurance and indemnification, internal investigations and special committee representation, partnership disputes and professional liability litigation. Mr. Richey has successfully handled federal and state Racketeer Influenced and Corrupt Organization (RICO) litigation, with victories on both trial and appellate levels. Mr. Richey has also handled a wide range of general commercial, financial and real estate litigation over the years for businesses and industries of all kinds. His clients have included publicly and closely held corporations and their officers, directors and shareholders, national brokerage and investment banking firms, institutional investors, professional firms, REITs, banks, federal banking agencies, trade associations and other non-profit organizations.

Mr. Richey is experienced in successfully conducting large-scale, complex litigation. He has tried and won favorable jury verdicts in officer and director liability, securities fraud, fiduciary and financial litigation cases. His accomplishments include:

  • As counsel for a municipal bond underwriter, Mr. Richey litigated and won affirmance on appeal of dismissal of Rule 10b-5 claims and summary judgment on fraud and negligent misrepresentation claims brought by a bond insurer in a case closely watched in the bond industry arising out of a defaulted $69,550,000 revenue bond issue.
  • Mr. Richey served as lead appellate counsel in a RICO case, arguing the appeal for the CEO of a major subsidiary of a world-wide media company in the 8th Circuit and obtaining the reversal of a $4.5 million federal civil RICO jury verdict and a judgment of dismissal for the client.
  • Mr. Richey won a $14.8 million jury verdict as lead counsel in a four-week trial involving claims concerning redemption of stock from an estate and the executor's misuse of estate assets to benefit himself and third parties.

Other victories include trials of dissenting shareholder stock valuation cases, engagements as special appellate counsel, director and officer liability insurance coverage litigation (a bench trial of a declaratory judgment action in Mississippi and summary judgment in a District of Columbia garnishment action) and the successful trial of a securities fraud arbitration involving a limited partnership formed to conduct a hostile tender offer. Mr. Richey has tried cases in Texas, Oklahoma, Mississippi, the District of Columbia and Georgia and has handled litigation in many other states, including New York, Illinois, Indiana, Michigan, Maryland, as well as all of the Southeastern states.

Mr. Richey has extensive experience litigating financial and corporate claims in special courts and proceedings, including probate and bankruptcy courts and receiverships. He has handled claims involving municipal bond defaults, hedge fund loan defaults, foreclosures on corporate stock and failed financial institutions. He has defended officers, directors and shareholders against claims by bankruptcy trustees, litigation trustees and creditors. Mr. Richey has served as counsel to special committees of boards of directors in investigative, litigation and transactional contexts. He has also tried and won stockbroker-customer disputes and has successfully handled state and federal agency enforcement proceedings. His practice includes representation of both plaintiffs and defendants.

Mr. Richey also provides consulting services in corporate indemnification and insurance matters. He advises and assists corporate lawyers and their clients regarding indemnification of directors and officers in all forms of business and non-profit organizations. His insurance practice focuses primarily on director and officer (D&O) liability insurance. He reviews policies for gaps in coverage, assists in negotiating improvements in policy language, and provides advice and assistance with respect to claims.

On May 17, 2006, at the request of the Securities and Exchange Commission, Mr. Richey was appointed by the U.S. District Court for the Northern District of Georgia to serve as receiver of Weston Rutledge Financial Services, Inc., Zamindari Capital, LLC, Lexington International Fund LLC and Oxford Adams Capital LLC, in SEC v. Geoffrey A. Gish, 1-06-CV-1171-cc, and maintains a receivership website at westonrutledgereceiverships.com.

Mr. Richey was the founder of the Annual Corporate and Business Organization Litigation Seminar, which he organized and chaired for the Georgia Institute of Continuing Legal Education from 1997 through 2008. He has spoken multiple times at the Directors College sponsored by the National Association of Corporate Directors and at the Annual Business Law Institutes organized by the Business Law Section of the Georgia Bar. He has also spoken at other professional seminars, corporate training workshops and business and government conferences on securities claims and remedies, insider trading, disclosure issues, directors' liability, non-profit organizations, turnaround professionals, corporate compliance and other topics in corporate, banking and securities litigation.

Mr. Richey has presented seminar papers on a wide variety of securities and corporate litigation topics and has authored annual reviews of case law developments in Georgia corporate and business organization law since 2005.

Civic Involvement & Honors

    • Bleckley Inn of Court, Master, 2004 - 2012 
    • The Best Lawyers in America, 2009 - 2014
    • Georgia Super Lawyers, 2003 - 2016
    • Member, Georgia Bar Business Section Corporate Code Revision Committee 2004 – 2012. Mr. Richey has chaired legislative task forces on indemnification and derivative actions.
    • Conducted seminars for Judges and Staff of the Georgia Business Court on Securities Litigation (2008) and Georgia Corporate and Business Organization Case Law Developments (2009), (2010) and (2011)
    • Georgia Super Lawyers, 2003 - 2016
    • Member, Georgia Bar Business Section Corporate Code Revision Committee 2004 – 2012. Mr. Richey has chaired legislative task forces on indemnification and derivative actions.
    • Conducted seminars for Judges and Staff of the Georgia Business Court on Securities Litigation (2008) and Georgia Corporate and Business Organization Case Law Developments (2009), (2010) and (2011)
    • Conducted seminars for Judges and Staff of the Georgia Business Court on Securities Litigation (2008) and Georgia Corporate and Business Organization Case Law Developments (2009), (2010) and (2011)
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Professional Affiliations

    • American Bar Association – Litigation, TIPS and Business Law Sections
    • Atlanta Bar Association – Litigation Section
    • State Bar of Georgia – Business Law and Litigation Sections
    • Atlanta Bar Association – Litigation Section
    • State Bar of Georgia – Business Law and Litigation Sections
    • State Bar of Georgia – Business Law and Litigation Sections
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Publications

  • "Annual Surveys of Georgia Corporate and Business Organization Case Law Developments, published in the State Bar of Georgia’s Business Law Section Newsletter and/or the Georgia Bar Journal for 2005, 2006, 2007, 2008, 2009, 2010, and 2011.
  • "Limitation of Liability, Indemnification and Insurance Protection for Restructuring Professionals," Workouts Turnarounds & Restructurings, Institute of Continuing Legal Education, Georgia, March 3, 2010.
  • "Duties, Liabilities and Protection for Directors, Officers and Members of Georgia Nonprofit Organizations," Fifth Annual Georgia Non-Profit Law Seminar, Institute of Continuing Legal Education, Georgia, April 4, 2008.
  • "Litigation Issues for Nonprofit Corporations and Charitable Organizations, and Their Members, Directors and Officers," 2nd Annual Georgia Non-Profit Law Seminar, Institute of Continuing Legal Education, Georgia, Apr. 21, 2005.
  • "Security Interests, Foreclosures and Collecting Judgments Involving Corporate Stock, Partnership Interests and LLC Memberships," with Stacey Godfrey, Eighth Annual Corporate Litigation Seminar Including Partnership and Limited Liability Company Litigation, Institute of Continuing Legal Education, Georgia, November 19, 2004.
  • "Disputed Stock Ownership, Transactions and Transfers: An Overview," Eighth Annual Corporate Litigation Seminar Including Partnership and Limited Liability Company Litigation, Institute of Continuing Legal Education, Georgia, November 19, 2004.
  • "Problems in Director and Officer Indemnification and Exculpation" and "Indemnification of Directors and Officers of Georgia Corporations" - Both papers presented at the 7th Annual Corporate Litigation Seminar, Nov. 21, 2003, sponsored by Institute of Continuing Legal Education, Georgia.
  • "Corporate Litigation Issues Under the Sarbanes-Oxley Act," 6th Annual Corporate Litigation Seminar, Institute of Continuing Legal Education, Georgia, Nov. 22, 2002.
  • "Special Problems in Director Liability: Controlling Shareholder-Directors, Director-Representatives and Lawyer-Directors," Venture Capital – Legal Issues, Institute of Continuing Legal Education, Georgia, March 9, 2001.

Speaking Engagements

  • "Recent Developments In Georgia Case Law," 25th, 26th, 29th and 30th Annual Business Law Institute, sponsored by ICLE Georgia
  • "Special Procedural and Remedial Provisions in Failed Financial Institution Director and Officer Liability Investigations and Litigation," FDIC and the New Banking Crisis, BVR Legal, Jan. 15, 2009
  • Speaker, 2nd and 5th Annual Georgia Non-Profit Law Seminars, sponsored by ICLE Georgia
  • Speaker, Workouts, Turnarounds and Restructurings, sponsored by ICLE Georgia, February 18, 2000 and March 3, 2010
  • Chair and speaker, Annual Corporate and Business Organization Litigation Seminars. sponsored by ICLE Georgia, 1997-2008