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November 16, 2021

7 Due Diligence Issues to Avoid False Claims Act Lawsuits

Nelson Mullins partners Jennifer Malinovsky and Ed White join Alice Harris, an attorney with Nexsen Pruet, to go over the key compliance areas to look for in due diligence. 

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Thomas M. Hancock

Thomas M. Hancock

Partner

He/Him/His
949 Third Ave.
Suite 200
Huntington, WV 25701
tom.hancock@nelsonmullins.com

Tom practices in the area of complex litigation. He has first–chaired class actions based on breach of privacy and consumer credit allegations. His practice is focused on chemical exposure, data security, constitutional issues, and complex business litigation. He has substantial experience regarding catastrophic environmental and workplace accidents, mass torts, products liability, and a variety of...

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Tom practices in the area of complex litigation. He has first–chaired class actions based on breach of privacy and consumer credit allegations. His practice is focused on chemical exposure, data security, constitutional issues, and complex business litigation. He has substantial experience regarding catastrophic environmental and workplace accidents, mass torts, products liability, and a variety of other business litigation on behalf of clients from diverse industries. He also provides corporate services and offers outside general counsel services for several clients. Tom has regularly practiced before the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Sixth Circuit, the Supreme Court of Appeals of West Virginia, the United States Department of Labor, and all state and federal courts in West Virginia, Ohio, and Kentucky. He is regularly admitted pro hac vice in other states, and has briefed constitutional cases at the Supreme Court of the United States. 

Thomas M. Hancock

other business litigation on behalf of clients from diverse industries. He also provides corporate services and offers outside general counsel services for several clients. Tom has regularly practiced before the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Sixth Circuit, the Supreme Court of Appeals of West Virginia, the United States Department of Labor, and all state and federal courts in West Virginia, Ohio, and Kentucky. He is regularly admitted pro hac vice in other states, and has briefed constitutional cases at the Supreme Court of the United States. 

Tom practices in the area of complex litigation. He has first–chaired class actions based on breach of privacy and consumer credit allegations. His practice is focused on chemical exposure, data security, constitutional issues, and complex business litigation. He has substantial experience regarding catastrophic environmental and workplace accidents, mass torts, products liability, and a variety of... other business litigation on behalf of clients from diverse industries. He also provides corporate services and offers outside general counsel services for several clients. Tom has regularly practiced before the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Sixth Circuit, the Supreme Court of Appeals of West Virginia, the United States Department of Labor, and all state and federal courts in West Virginia, Ohio, and Kentucky. He is regularly admitted pro hac vice in other states, and has briefed constitutional cases at the Supreme Court of the United States. 

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • First Chair in a privacy class action
  • Tried numerous cases to verdict
  • Defended several major hospital systems in data breach class actions and mass actions
  • Prosecuted significant commercial litigation on behalf of Energy, Real Estate, and insurance companies
  • Briefed significant constitutional cases before the Supreme Court of the United States and other state and federal courts
  • Defended numerous civil actions on behalf of businesses in state and federal court, including jury trials and appeals to the Supreme Court of Appeals of West Virginia
  • Defended hundreds of administrative trials before the United States Department of Labor Office of Administrative Law Judges
  • Defended against numerous OSHA citations in a variety of industries, with special focus on respirators and chemical exposure
  • Defended one of the largest chemical exposure class action cases in West Virginia history
  • Defended clients before West Virginia Mass Litigation Panel and Federal Multi–District Litigation Panel
  • Defended both state and federal safety whistle blower claims
  • Drafted and filed Amicus Briefs before Supreme Court of Appeals of West Virginia on behalf of major employers and workers' compensation insurers
  • Briefed and argued several times before the Fourth and Sixth Circuit Court of Appeals

Representative Matters

  • As appellate counsel at Fourth Circuit Court of Appeals, obtained reversal of trial court’s grant of summary judgment in multi–million dollar insurance and indemnification dispute.
  • Defeated Motion for Injunction in groundbreaking First Amendment case.
  • Obtained extraordinary writ on behalf of sitting Supreme Court Justice regarding an impeachment proceeding.
  • Counsels hospitals, financial institutions, and other businesses regarding privacy and data security.
  • Obtained complete defense verdict in a week–long deliberate intent jury trial resulting from a structural collapse in a smelter.
  • Obtained summary judgment, and an affirming opinion from the Supreme Court of Appeals of West Virginia, in a deliberate intent civil action arising from an explosion.
  • Obtained Fourth Circuit opinion overturning Benefits Review Board's decision improperly discrediting an expert medical witness.
  • Obtained pre–discovery dismissal of a deliberate intent civil action brought against a multi–national corporation alleging intentional chemical exposure.
  • Obtained summary judgment in a deliberate intent civil action alleging violations of the Federal Motor Carrier Safety Regulations.
  • Obtained dismissal of co–employee sued in deliberate intent civil action alleging violations of the Mine Safety and Health Act.
  • Obtained summary judgment for a Fortune 500 client in a civil action alleging spoliation of evidence and statutory violations.
  • Obtained reversal of district court opinion through appeal to Fourth Circuit in a civil action involving insurance coverage for a workplace fatality.
  • Obtained summary judgment against a third party for indemnity and contribution in a deliberate intent civil action involving catastrophic burns.
  • Obtained summary judgment and an affirming opinion from the Supreme Court of Appeals of West Virginia on behalf of employer in chemical exposure deliberate intent case with more than 30 plaintiffs.
  • Obtained summary judgment in a deliberate intent civil action alleging violations of the National Electric Safety Code.

Representative Cases

  • State ex rel. Workman v. Carmichael, 241 W. Va. 105, 819 S.E.2d 251 (2018).
  • ALPS Prop. & Cas. Ins. Co. v. Turkaly, No. 2:16–CV–10064, 2018 WL 385195 (S.D.W. Va. Jan. 11, 2018)
  • Cunningham v. Felman Prod., LLC, No. 13–1276, 2014 WL 5311586 (W. Va. Oct. 17, 2014).
  • Addair v. Island Creek Coal Co., No. 12–0708, 2013 WL 1687833 (W. Va. Apr. 17, 2013).
  • Westmoreland Coal Co. v. Cochran, 718 F.3d 319 (4th Cir. 2013).
  • Westmoreland Coal Co. v. Fortner, 538 F. App'x 247 (4th Cir. 2013).
  • Varney v. Nationwide Mut. Ins. Co., No. 2:11–CV–00205, 2011 WL 6153085, at *1 (S.D.W. Va. Dec. 12, 2011).
  • Hager v. Cowin & Co. Inc., No. 2:1O–CV–01138, 2011 WL 2175075 (S.D.W. Va. June 3, 2011).
  • Bowden v. Frito–Lay, Inc., No. 5:09–CV–00914, 2010 WL 3835222 (S.D.W. Va. Sept. 28, 2010).
  • Piasecki v. Wal–Mart Stores E., LP, No. 2:08–CV–01302, 2009 WL 8626849 (S.D.W.Va. Feb. 20, 2009).

Education

  • West Virginia University College of Law, JD (2007)
    • Executive Research Editor, The West Virginia Law Review
    • CALI Award in Criminal Law, Jurisprudence
  • University of North Carolina at Chapel Hill, BA, Bachelor of Arts in Peace, War, and Defense; Minor in History (2003)

Admissions

  • West Virginia
  • Kentucky
  • Ohio
  • Pennsylvania
  • Supreme Court of Appeals of West Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Northern District of West Virginia
  • U.S. District Court for the Southern District of West Virginia
  • U.S. District Court for the Eastern District of Kentucky
  • U.S. District Court for the Western District of Kentucky
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Ohio
  • Supreme Court of the United States

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • American Bar Association
  • West Virginia Bar Association
  • Kanawha County Bar Association
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