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.
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.
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.
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: