Thomas I. Elkind

Retired Partner

Overview

Thomas Elkind is a partner and litigation lawyer with Foley & Lardner LLP. Mr. Elkind represents clients in the financial, construction and real estate industries in a variety of matters, including public and private construction, development, financing and employment disputes. He has served as chair of the Boston Office Litigation Department and as chair of the Boston Office IP Department, and is presently a member of the firm’s Construction, Business Litigation & Dispute Resolution, Consumer Financial Services, and International Practices. Mr. Elkind is also a member of the Technology, Health Care, and Hospitality & Leisure Industry Teams.

Prior to joining Foley, Mr. Elkind was a member of the firm Epstein Becker & Green P.C., where he was chairman of the Construction Practice.

Mr. Elkind’s litigation experience spans all phases of pre-trial motion practice, including injunction proceedings, summary judgment motions, jury and bench trials, and appeals. He has argued successfully before the Massachusetts Supreme Judicial Court in cases involving development rights, mechanics’ liens, condominium unit expansion rights and the interpretation of wills and trusts.

Mr. Elkind has extensive experience representing clients in construction arbitrations and in the mediation of a wide range of commercial disputes. He also currently serves as an arbitrator on the International Institute for Conflict Prevention & Resolution’s Boston ADR Panel. He has served as an arbitrator for the American Arbitration Association, and as a mediator in construction cases.

Reported Decisions

  • Federal National Mortgage Association v. Jose Nunez, 460 Mass. 511 (2011)
  • National Lumber Co. v. United Cas. & Sur. Ins. Co., 440 Mass. 723 (2004)
  • National Lumber Co. v. LeFrancois Constr. Corp., 430 Mass. 663 (2000)
  • Strauss v. Oyster River Condo. Trust, 417 Mass. 442 (1994)
  • Von Henneberg v. Generazio, 403 Mass. 519 (1988)

Representative Experience

  • Representation of a supplier of fabricated steel in a dispute involving the defective construction of a major office building in Boston, Mass.
  • Representation of a supplier of sophisticated technology in connection with the clean up of Boston Harbor
  • Representation of the owner of a defectively constructed multi-family cooperative housing complex in Lincoln, Mass.
  • Representation of a condominium trust and unit owners in a claim against an architect for the negligent design of the project bathrooms in Boston, Mass.
  • Representation of the owner of a steam generation project in Cambridge, Mass.
  • Representation of owners of various residential properties in connection with claims of defective construction
  • Representation of architects and engineers accused of negligent design of a variety of construction projects
  • Representation of lenders, borrowers and real estate brokers in a variety of cases involving consumer protection claims

Education

A graduate of Stanford Law School, Mr. Elkind earned his J.D. in 1976 and was a member of the Stanford Law Review. He also earned a B.A. from the University of Pennsylvania (1972), where he was Phi Beta Kappa.

Mr. Elkind has completed a course in Green Building and LEED fundamentals presented by The Associated General Contractors of America.

Recognition

Mr. Elkind has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and has repeatedly been included in the Massachusetts Super Lawyers® lists. Only 5% of the lawyers in the state are selected.

Affiliations and Professional Memberships

Mr. Elkind is a member of the Boston Bar Association and was a past chair of the Appellate Committee of its Litigation Section. He also routinely represents indigent tenants in eviction cases and makes contributions to his community. He has been honored by the Volunteer Lawyers Project of the Boston Bar Association for his commitment to the representation of the indigent, and has received the Boston Bar Association’s President’s Award for providing pro bono assistance to victims and small business owners affected by the Boston Marathon bombing. He is a past president and a member of the board of the Newton Commonwealth Foundation (which oversees the management of a municipal golf course); is a past president of the board of directors, and a current member of the board of trustees of the West Suburban YMCA in Newton, Mass.; and has been honored by the Mayor of Newton for his community service.

Admissions

Mr. Elkind is admitted to practice in Massachusetts, New York, and with the U.S. District Court, District of Massachusetts, the U.S. Court of Appeals for the First Circuit, and the U.S. Supreme Court.

Publications and Presentations

Mr. Elkind often speaks before business and professional groups on topics including alternate dispute resolution, employment, and real estate law. His publications and presentations include:

  • “Court Limits Use of Zip Codes in Massachusetts Credit Card Transactions,” CFSL Bulletin, March 29, 2013
  • “Penalties Getting Tougher for Wayward Financial Institutions,” CFSL Bulletin, February 25, 2013
  • “Avoiding and Resolving International Business Disputes,” Foley Executive Briefing Series, February 1, 2013
  • “CFPB Proposes Revisions to Rules on International Money Transfers by Consumers,” CFSL Bulletin, January 18, 2013
  • “Asian Arbitration Options: Which One is Right for You?”, Foley Legal News: Eye on China Quarterly Newsletter, January 3, 2013
  • “National Mortgage Database Formed,” CFSL Bulletin, December 14, 2012
  • "Under Construction," an interview regarding U.S. construction laws published in the British magazine ACQ, March 2011
  • "Reducing Your Exposure to Employment Litigation With Effective Policies and Procedures," Foley Executive Briefing Series, March 9, 2011
  • "Green Construction — Avoiding the Black Holes of Environmentally Friendly Construction Techniques," Foley Executive Briefing Series, December 16, 2009
  • "Micron v. Rambus: Beware the Consequences of Spoliation," Foley Legal News: IP Litigation, April 1, 2009 (ECommerce requested permission to re-print)
  • "Welcome to the Jungle: A Nursing Home Administrator's Guide to Litigation and Government Investigations," The New England Alliance of the American College of Health Care Administrators (ACHCA) Winter New England Regional Conference & Annual Meeting, January 22, 2009
  • "Litigation Challenges for Life Sciences Companies — Addressing Your Exposure," Foley Executive Briefing Series, January 7, 2009
  • "Alternatives to Litigation in Resolving Real Estate or Construction Disputes," Mass High Tech, September 10, 2001

Representative Matters

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In the wake of the announcement of the sale of Syntroleum Corporation (NASDAQ: SYNM) to Renewable Energy Group, Inc. (NASDAQ: REGI), three putative class action suits were brought on behalf of the shareholders of Syntroleum challenging various aspects of the transaction. At the outset of the litigation, Plaintiffs filed a motion to expedite discovery, which the court denied. The parties submitted a Memorandum of Understanding settling various claims brought by plaintiffs regarding the disclosures made by Syntroleum in its proxy statement to the company’s shareholders regarding the transaction, and on June 3, 2014 the company’s shareholders voted to approve the challenged transaction. Target Syntroleum and Acquiror REGI filed motions to dismiss in March 2015; on July 31, 2015, the court granted REGI’s motion to dismiss; a decision on Syntroleum’s motion to dismiss is still pending.
Represented an energy provider in five consolidated cases in which a telephone company claimed that its underground telephone cables had been damaged by heat and steam due to defects in the client's district steam distribution system.
Represented a computer data back-up service company in litigation regarding the failure of products to perform as specified, which caused the loss of customers’ data.