Thomas S. D’Antonio, Partner
Practice Focus & Experience
Mr. D’Antonio has handled bench and jury trials in various state and federal courts, as well as an array of government investigations, internal investigations and administrative proceedings. He has argued more than 75 appeals, in all four of New York’s judicial departments, at the New York State Court of Appeals, and at the Second Circuit Court of Appeals.
Mr. D’Antonio’s focus is on healthcare investigations and litigation, higher education matters and the defense of institutional clients in varied litigation settings. His healthcare work includes the representation of hospitals, nursing homes, academic medical centers and individual providers and provider networks in connection with Medicare and Medicaid reimbursement issues, the creation and implementation of internal compliance programs, various fraud and abuse matters, governmental and third-party payor investigations, False Claims Act and qui tam litigation, payor disputes, staff privilege and credentialing matters, licensure proceedings and employment-related claims in the healthcare setting. He has represented large groups of New York hospitals, numbering in excess of 170 different institutions across the State, in various reimbursement-related lawsuits that implicated a variety of legal and payment issues.
Mr. D’Antonio’s higher education work includes the defense of many and varied employment and discrimination matters. Discrimination cases he has handled include age, gender, race, disability, national origin, sexual harassment, sexual orientation and religious affiliation claims, in diverse forums including the New York state courts in various downstate and upstate venues, all four federal districts in New York, the Second Circuit Court of Appeals, the EEOC, the New York State Division of Human Rights, the Justice Department’s Office for Civil Rights and the New York City Commission on Human Rights. His experience also includes formal and informal dispute resolution of employment disputes, with an emphasis on neutral evaluation and mediation. Additional experience in higher education includes matters involving faculty tenure review and denial, tenure revocation, academic freedom and related issues, scientific and academic misconduct investigations and litigation, governance matters, general not-for-profit issues, student discipline claims and serious general liability cases for colleges and universities located throughout New York State and beyond, as well as private and parochial secondary schools. He acts as Select Counsel in New York for United Educators, and is approved counsel for education matters for several other Employment Practices Liability and Educators Legal Liability insurers.
Mr. D’Antonio also handles the defense of varied toxic tort, unfair competition and commercial claims, and has successfully tried to verdict cases in courts throughout New York State and in other jurisdictions. He represents institutional clients in connection with various internal and governmental reviews, and in selected white collar criminal matters as well.
- College of William and Mary School of Law, J.D., cum laude, 1982
– Editor, William & Mary Law Review
– Member, William and Mary Moot Court Bar
- Union College, B.A., cum laude, 1979
- New York
- U.S. Court of Appeals, Second Circuit
- U.S. District Court of New York (All Districts)
- U.S. District Court of Pennsylvania (All Districts) – pro hac vice
- U.S. District Court of Indiana (Southern) – pro hac vice
- U.S. District Court of Florida (Middle) – pro hac vice
- U.S. District Court of Florida (Southern) – pro hac vice
Professional Activities and Memberships
- New York State Bar Association (Health Law Section — Executive Committee and Fraud, Abuse and Compliance Committee (Past Chair)
- Monroe County Bar Association
- Academy of Law, Monroe County Bar Association
- American Health Lawyers Association
- National Association of College and University Attorneys (Annual Program Committee, Publication Committee, NACUANotes Editorial Board)
Professional Recognitions and Awards
- Listed in Best Lawyers in America (since 1995)
- Listed in New York Super Lawyers (Upstate Edition – every year)
- Martindale-Hubbell AV Rating
Selected Presentations and Publications
Mr. D’Antonio presents frequently on various legal issues to organizations such as the New York State Bar Association, the National Association of College and University Attorneys, Cornell Law School, the Council of Independent Colleges, the annual University of Rochester Medical Center Compliance Conference, the Healthcare Financial Management Association, the Foundation of Accounting Education, the NYSBA Annual Meeting, the North American Center for Continuing Medical Education, and the Monroe County Bar Association. Recent presentation topics have included healthcare and university compliance, legal ethics, the conduct of internal investigations, handling governmental investigations, attorney-client privilege issues arising in connection with internal investigations, gender equity in pay, the future of health care reform litigation, developments in discrimination and retaliation case law, healthcare fraud, and selected healthcare issues. He has authored several journal articles, in publications such as the Journal of College and University Law, the New York State Bar Association’s Health Care Journal, and selected industry group publications.
- McQuaid Jesuit High School (Board Member)
- Our Lady of Mercy High School (Capital Campaign Steering Committee, Gala Chair)
- Kirkhaven Nursing Home (Executive Committee, Audit and Finance Committee, Board Member)
- Seniorsfirst Communities (Executive Committee)
- St. Louis Parish (Finance Committee)
- Union College (Alumni Affairs)
- United Way of Greater Rochester (Coordinator)
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