Thomas Ross

Partner

Thomas-Ross
  • LPC (Commendation), Chester College of Law, 1995
  • BA (Jurisprudence), Pembroke College, Oxford University, 1994

Qualifications

  • England and Wales, Solicitor, 1998
  • Recommended in Legal 500 for Commercial Litigation, Banking Litigation and Pensions Litigation where he is described as “very impressive”, “bright, responsive and gets to the point” and “renowned for his strong negotiation skills” (2009) and “a force to be reckoned with” (2010).
  • Member of the team “Highly Commended for Legal Expertise” in Financial Times Innovative Lawyers Report (2006).
  • Member of Team Nominated for “Litigation Team of the Year” in Legal Business Awards (2002-2003).

Thomas Ross

Partner

Thomas Ross joined Ropes & Gray as a partner in the firm’s business and securities litigation practice group in April 2015. He is an experienced litigator who has handled many complex multi-party and multi-jurisdictional disputes. He has extensive experience in domestic and international banking litigation; financial services litigation; structured finance litigation, including acting for servicers; special servicers; trustees and issuers; advising financial institutions on litigation strategy in the context of defaults and restructurings; fund and asset management litigation; pensions litigation; and contractual and intellectual property disputes.

Experience

Notable matters in which Tom has been involved in include:

  • Acting for Polar Air in relation to the Air Cargo Cartel proceedings in the Commercial Court, England (Emerald Supplies Limited and others -v- British Airways Plc (HC – 2008 – 000002)
  • Advising the seller of a Car Parks business in relation to the non-payment of sums due under an SPA including in relation to two sets of court proceedings and a related expert determination
  • Advising a medical devices company in relations to patent revocation proceedings
  • Acting for a servicer in a dispute involving an issuer and “B lender” and concerning a complex structured product and the associated payment waterfalls and rights of the parties
  • Acting for a Jersey based trustee in a dispute with the beneficiaries and onshore companies, involving issues of fraud, real estate finance, swap mis-selling and associated regulatory issues
  • Advising the Saad group of companies in relation to its proposed restructuring and refinancing; involving a number of financial products including a repo portfolio, syndicated loans, Forex transactions and the Golden Belt Sukuk and advising in relation to associated litigation
  • Advising three companies in relation to the service of default notices and related claim against a major investment bank in respect of a repo portfolio with a par value of $2.4 billion
  • Advising Havenrock II, an SPV based in Jersey, in relation to a $1.8 billion fraud claim brought by the Financial Guarantee Insurance Company in England and New York. (Commercial Court, England and NY Southern District) against Havenrock II and Calyon
  • Riyad Bank & Ors -v- Ahli United Bank (UK) PLC (Formerly United Bank of Kuwait PLC) [2005] EWHC 279 (Comm), [2005] 2 Lloyd's Rep 409 (Commercial Court). Acting for the claimant in its successful breach of contract/professional negligence claim regarding the management of a Sharia compliant fund
  • Acting for a major investment bank in relation to legal proceedings brought by the bank in the Cayman Islands against the investment advisor to a private equity technology fund operating in South East Asia
  • Advising a retail forex product manager in relation to a dispute with its broker, London Capital Group. The case settled during trial
  • Leofelis SA & Anr v. Trade Mark Licensing Company [2007] EWHC 451 (Ch); [2008] EWCA Civ 640. Acting for the claimant in its successful claim for breach of contract and misrepresentation relating to the use of the Lonsdale trade mark and the claimant’s subsequent inquiry into damages including arranging third party funding. Advising in relation to related proceedings in England, Germany and Belgium
  • Carlton Communications plc & Anr -v- The Football League [2002] EWHC 1650 (Commercial Court). Acting for Carlton and Granada in the action that successfully established that neither of the claimants had guaranteed the liabilities of ONdigital (later known as ITVdigital) to the Football League
  • Advising a Jersey based trustee in relation to proceedings in Delaware, New York and Jersey and conducting and managing an internal review of procedures and events surrounding this litigation and reporting to the local regulator (the JFSA)
  • Advising a forex trader in relation to allegations of market fixing and in the context of a series of FCA protocol interviews
  • Advising Awal Bank B.S.C. in relation to an investigation by the Central Bank of Bahrain
  • Advising a US based company in relation to a potential dispute regarding a Section 75 debt
  • PNPF Trust Co Ltd (As Trustee of the Pilots National Pension Fund) -v- Geoff Taylor and 7 Others [2010] EWHC 1573 (Ch). Acting for The Bristol Port Company, a representative defendant, in the Pilots National Pension Fund litigation
  • Advising the trustees of a significant pension fund in relation to a dispute over the size of the PPF levy and consequent proceedings against the actuaries advising the trustees
  • Advising the trustees and company with regard to proceedings against their former advisors, AXA, in relation to a failure to properly equalise the Scheme rules
  • Unilever Superannuation Trustees Ltd -v- Mercury Asset Management (1999 Folio No. 1209 (Commercial Court)). Acting for the claimant pension fund in the first major claim of its kind against a leading city fund manager. The claim settled during trial. (Commercial Court)

Publications

  • “Arbitration World,” K&L Gates Publication (December 2011)
  • “Reducing Litigation Risk for Pension Funds - Recouping Losses from Recent Economic Failures by Utilising Alternative Funding Mechanisms,” Commercial Disputes Alert (September 27, 2011)
  • “Cost Free, Risk Free Litigation for Financial Institutions - How Close Can You Get?,” Financial Services Litigation Alert (July 25, 2011)
  • “Credit rating agencies: potential exposure,”Journal of International Banking and Financial Law (July/August 2008)

Presentations

  • Critical Litigation Management Tools, London (September 2014)
  • Key Risks: Addressing the Challenge, Jersey (2013)
  • Insiders, Outsiders, Rogues and Sophisticates: Lessons in Business Protection from the Coal Face (2012)
  • Dangerous Times for Funds and Investment Managers: Litigation Risks and Exposures (September 2012)
  • What happens when Islamic Finance transactions go wrong? (2011)
  • Alternative Funding: Conditional Fee Agreements, After the Event Insurance and Third Party Funding (2010)
  • Distressing Times: Terminating Contracts, More 4 Counsel (2009)
  • Contract Remedies: Court Proceedings and Tactics; More 4 Counsel (2008)
  • Inducing Breach of Contract and Unlawful Interference, IBC In-House Counsel (2006)
  • Combating Online Fraud: An Introduction To The Remedies Available Through The Civil Courts,  IIR Conference on Online Fraud (2006)

Disclaimer

Ropes & Gray International LLP is a limited liability partnership registered in Delaware, United States of America and is a recognised body regulated by the Solicitors Regulation Authority (with registered number 52100).