Profile
Tom’s practice focuses on higher education, healthcare, employment, the defense of varied business and commercial claims, and selected internal and governmental investigations. He has conducted bench and jury trials, and has argued over 100 appeals in federal and state appellate courts. A skilled advisor, Tom delivers practical and prompt advice, and collaborates with clients on matters of substance and strategy.
For institutions of secondary and higher education, Tom regularly defends against claims of discrimination, harassment, and retaliation; advises and litigates faculty tenure reviews, denials, and revocations; handles the broad array of Title IV, VI, VII, and IX matters; counsels on academic freedom issues; conducts scientific and academic misconduct investigations and litigation; assists on governance and general not-for-profit matters; and handles student discipline and serious general liability cases. His experience also includes formal and informal dispute resolution, with an emphasis on neutral evaluation and mediation. He serves on the federal mediation panel in the Western District of New York, and acts as Distinguished Counsel in New York for United Educators, as well as approved counsel for several other Employment Practices Liability and Educators Legal Liability insurers.
Tom’s 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; professional licensure proceedings; and employment-related claims in the healthcare setting.
His employment work includes counseling on an array of labor-related matters; training employers and employees on workplace conduct and compliance issues; and defending against claims of discrimination, harassment, and retaliation both at the agency level and in court. Tom also handles various commercial matters, particularly those related to unfair competition and intercorporate disputes.
When not in the office, Tom spends his time traveling to Bald Head Island, fishing, reading, working on household projects, and visiting (along with his wife Kathy) with his many children, and their new grandchildren.
Representative Experience
- Secured dismissal of the bulk of the claims asserted against the University in a multi-plaintiff Title IX case. N.P. v. City University of New York, Civil Action No. 20-cv-3059 (E.D.N.Y. Sept. 8, 2022).
- Obtained dismissal of all claims in federal and state court against health system and its employee alleging breach of confidentiality obligations, and awarding substantial sanctions against plaintiff. Klein v. Catholic Health Svcs. of Long Island, Index No. 613853/20 (Sup. Ct. Nassau Cty. July 26, 2022 and Klein v. Aicher, 2020 U.S. Dist. LEXIS 128979 (S.D.N.Y. July 21, 2020).
- Obtained dismissal of various reimbursement-related qui tam claims under the federal and New York State False Claims Acts, brought by former facility administrator, and secured certification of interlocutory appeal to Second Circuit as to sole remaining qui tam claim. Matter of Quartararo ex rel. United States v. Catholic Heath Svcs. of Long Is., 521 F. Supp. 3d 265 (E.D.N.Y. Feb. 22, 2021) and No. 12-cv-4425, 2017 U.S. Dist. LEXIS 50696 (E.D.N.Y. March 31, 2017).
- Court denied injunction application in vaccination challenge against College, leading plaintiffs to dismiss all claims. Michalski v. St. John Fisher Coll., Index No. 8063/2021 (Sup. Ct. Onondaga Cty. Nov. 10, 2021).
- Court dismissed all claims against former tenant of commercial property in case where landlord challenged assignment and terms of force majeure clause in lease. 1699 Ridge Rd. E. vs. United Call Center Solutions, LLC, Index No. E20203648 (Sup. Ct. Monroe Cty. Oct. 20, 2020).
- Secured dismissal of all claims against university and Dean arising from denial of former faculty member’s tenure application. Vengalattore v. Cornell Univ., 161 AD3d 1350 (3rd Dept., May 10, 2018), reargument denied, Docket No. 525462 (3rd Dept., Sept. 7, 2018).
- Courts dismissed plaintiff’s complaints alleging “reverse Title IX” and breach of contract claims. B.B. v. The New School, Index No. 159161/17 (Sup. Ct. NY Cty., Sept. 26, 2018) and B.B. v. The New School, Civil Action No. 17-cv-8347 (AT), 2018 U.S. Dist. LEXIS 80068 (S.D.N.Y.).
- Obtained dismissal of all significant claims in litigation brought by former student alleging disability discrimination, civil rights violations, false arrest claim, and numerous additional tort-based claims. Bied v. Cty. of Rensselaer, Civil Action No. 15-cv-1011 (TLM/DEP), 2018 U.S. Dist. LEXIS 55143 (N.D.N.Y., Mar. 30, 2018).
- Secured complete dismissal of ethnic and race discrimination claims, retaliation claims, and breach of contract claims asserted by former medical staff member. Koul v. Univ. of Rochester, 285 F. Supp. 3d 595 (W.D.N.Y. 2018).
- Obtained complete dismissal of action asserting defamation claims against medical center and fourteen individual members of its staff and administration asserted by a former medical staff member. Colantonio v. Mercy Medical Center, 135 AD3d 686 (2nd Dept.), lv. denied, 28 NY3d 903 (2016).
- Obtained numerous first impression rulings on coverage obligations owing to policyholder in connection with policyholder’s claims arising from acts of employee dishonesty, resulting in highly favorable settlement of action. Dataflow, Inc. v. Peerless Ins. Co., Civil Action No. 11-cv-1127 (LEK/DEP), 2014 U.S. Dist. LEXIS 138042 (N.D.N.Y., Sept. 30, 2014), reconsideration denied, 2015 U.S. Dist. LEXIS 140181 (Oct. 15, 2015).
- Secured judgments invalidating denials of challenges to Medicaid rate calculations on behalf of numerous nursing homes, resulting in global settlements totaling approximately $12 million. United Home for Aged Hebrews v. New York State Dept. of Health, Index Number 16110-11 (Sup. Ct. Westchester Cty., Jan. 3, 2014) and Matter of Howe Ave. Nursing Home-Montefiore v. New York State Dept. of Health, Index. No. 16136-11 (Sup. Ct. Westchester Cty., May 23, 2014).
- Assisted large medical center in responding to a governmental investigation of service line provided through a third party, alleged to have engaged in potentially criminal conduct. The medical center was absolved of any wrongdoing or responsibility.
- Resolved with no monetary payment a whistleblower complaint alleging that more than one hundred public sector employees were hired in violation of the provisions of a specific New York State statute, and were compensated improperly as a result, in an amount exceeding $25 million.
- Conducted internal investigation into claims that senior administrator at large medical center discriminated against hospital staff and violated institutional code of conduct, resulting in the imposition of recommended corrective action and in the avoidance of monetary exposure on the part of the institution.
- Investigated claims by potential whistleblower of irregularities in the manner in which a university’s academic support program for student athletes was being conducted, and convincing whistleblower not to proceed with litigation.
- Conducted numerous other confidential investigations into a wide array of misconduct claims, including allegations of sexual misconduct, sexual harassment, academic and scientific misconduct, and management bullying of subordinate staff, at various for-profit and not-for-profit institutions.
Credentials
Education
- College of William & Mary School of Law, J.D., 1982
– Editor, William & Mary Law Review
– Member, William & Mary Moot Court Bar - Union College, B.A., cum laude, 1979
Admissions to Practice
- New York
- Pennsylvania (pending)
- U.S. Court of Appeals, Second Circuit
- U.S. District Courts of New York (All Districts)
- U.S. District Courts of Pennsylvania (All Districts) – pro hac vice
- U.S. District Court of Indiana (Southern) – pro hac vice
- U.S. District Courts of Florida (Middle, Southern) – pro hac vice
Activities
- National Association of College and University Attorneys
– Annual Program Committee
– Publication Committee
– NACUA Notes Editorial Board - New York State Bar Association
– CPLR Committee
– Health Law Section - Mentorship Committee
– Commercial and Federal Litigation Section
– Past Chair, Fraud, Abuse and Compliance Committee - American Health Lawyers Association
Presentations & PUBLICATIONS
- "Privilege and Confidentiality Considerations for Campus Counsel." National Association of College and University Attorneys Annual Meeting.
- "Strategies for Minimizing Whistleblower Risk." University of Rochester Annual Compliance Conference.
- "Campus Safety in the Era of Mass Shootings." American Council on Education.
- "Handling the Difficult Title IX Matter." NACUA Annual Meeting.
- Selected Topics in Legal Ethics and Civility, Cornell Law School.
- "Compliance Considerations for Internal Counsel." New York State Bar Association Annual Meeting, Health Law Section.
- "Battle of the Sexes? Gender Equity in Pay and Benefits." NACUA General Counsel Institute.
- "Privilege Considerations in Internal Investigations." Association of Corporate Counsel of America.
- Selected E-Discovery Topics, NACUA General Counsel Institute.
- Governance and Departmental Management Training, Association of Independent Colleges Regional Meeting.
- "We Billed for What? Handling the Voluntary Disclosure." Healthcare Financial Management Association.
- "Litigation Landmines." Western New York Higher Education Roundtable.
- "Compliance Basics." Healthcare Financial Management Association Regional Meeting.
- Discrimination, Harassment, and Retaliation Training, Numerous Firm Clients and Not-for-Profit Organizations.
- 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.
Recognition
- Ranked by Chambers USA (Upstate New York)
– Litigation: General Commercial
– Labor & Employment - Selected to The Best Lawyers in America®, since 1995
– Commercial Litigation
– Education Law
– Health Care Law (2014 "Lawyer of the Year" Rochester, NY)
– Litigation - Health Care
– Litigation - Labor & Employment
- Selected to New York Super Lawyers® (Upstate Edition), every year
- Martindale-Hubbell AV® Rating
- Recipient of the inaugural United Educators “Distinguished Counsel Award”
- Mediation Panel, Western District of New York
Community
- McQuaid Jesuit High School
– Chair of the Board of Trustees - Our Lady of Mercy High School
– Capital Campaign Steering Committee
– Gala Chair - Kirkhaven Nursing Home
– Former Board Chair - Seniorsfirst Communities
– Former Board Chair - Community Management Services of Western New York
– Former Board Chair - William & Mary Law School
– Alumni Counselor
Testimonials
- "Tom D'Antonio is my primary contact. He is pragmatic, smart and diligent. He really is among the best nationally at this."
– James Jenkins, General Counsel, Transcat, Inc.
- "Always responsive, professional and knowledgeable. Particular accolades to Tom D'Antonio who is a valuable asset to our operations."
– Rita Mabli, President and CEO, United Hebrew Geriatric Center
- "Tom D’Antonio is a truly outstanding lawyer: always knowledgeable, well prepared, thoughtful, creative, and willing to give clients all the time they need. He will defend his clients to the utmost and yet remains civil and respectful to all participants in the legal process. He has unquestioned integrity and is widely respected for his legal talents, his integrity, and his decency. With respect to the field of education law, Tom is a recognized leader in the field and knows the law from top to bottom."
– Nelson E. Roth, Cornell University
- "Tom D'Antonio is a skilled litigator and highly capable attorney."
– Jeremy Colby, Niagara University
- "The firm does outstanding work for us in a very cost-effective manner. Tom D'Antonio is more than a lawyer; he is a business partner. He is responsive, effective and very easy to work with. We are lucky to have him on our team."
– Jim O'Brien, Catholic Health Services
- "Tom D'Antonio is a wonderful attorney, great colleague, and friend to our institution."
– Madelyn Wessel, Cornell University
- "Tom D'Antonio and his team at Ward Greenberg Heller & Reidy have been the go-to litigators for Catholic Health since 2011. Tom has a breadth of knowledge and experience with the New York State Healthcare Regulatory Practice and has been very effective for our organization. Tom and his group of litigators are cost-effective and work in an integrated way with our in-house team."
– Anonymous, Chambers USA 2022
- "Tom D'Antonio of Ward Greenberg Heller & Reidy has handled our most complex regulatory cases. His results speak for themselves."
– Anonymous, Chambers USA 2022
- "Tom D'Antonio of Ward Greenberg Heller & Reidy provided excellent legal advice. He thoroughly understood the relevant issues, carefully described potential strategies, and efficiently and effectively executed each step of the process.
– Anonymous, Chambers USA 2022
- "Tom D'Antonio of Ward Greenberg Heller & Reidy is a tremendous resource. We are very happy with our work with him as our principal point of contact.:
– Anonymous, Chambers USA 2022
- "I have long been a big fan of Tom D'Antonio. I'm working with him again for the first time in several years, and he is every bit as good as I remembered. He's brought order and efficiency to an overly complex case. I would be delighted to recommend him to any colleague."
– Anonymous, U.S. News — Best Lawyers® "Best Law Firms"
- "Tom D'Antonio and his staff at Ward Greenberg Heller & Reidy are practical, cost-efficient professionals. They provide pragmatic solutions to challenging problems, are always courteous, and have a thorough understanding of health care law. It is a pleasure to work with them."
– Anonymous, U.S. News — Best Lawyers® "Best Law Firms"
- "Tom D'Antonio is top notch! He is an expert, very professional, and very pleasant to work with."
– Anonymous, U.S. News — Best Lawyers® "Best Law Firms"