Thomas S. Hay

Partner

Atlanta
Business Phone: 404.885.3378
Business Fax: 404.885.3900

thomas.hay@troutman.com

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Tom Hay is a partner in the Insurance practice at Troutman Sanders. His practice focuses on complex, high-stakes insurance coverage litigation, “bad faith” litigation, and commercial litigation. Tom litigates matters involving all types of insurance, including D&O, professional liability, cyber liability, and commercial general liability policies issued to publicly-traded and private corporations, technology companies, not-for-profit organizations, banks, health care organizations, and professional services firms. He has argued motions in federal court, participated in mediations and arbitrations, taken depositions, and drafted numerous pleadings and briefs in trial and appellate courts across the country. Tom also provides pre-litigation counseling to clients regarding coverage and claims-handling issues and advises clients on statutory and regulatory compliance.

In addition, Tom has extensive experience handling software licensing disputes on behalf of a large intellectual property trade association. Tom is also actively involved in the firm’s pro bono practice and is a member of the Troutman Sanders recruiting committee.

Representative Matters

  • Obtained summary judgment for insurer in federal district court in multi-million dollar coverage litigation involving management liability issues.
  • Obtained dismissal of bad faith action in Delaware state court.
  • Represented cyber liability insurer in declaratory judgment litigation over coverage for data breach liability.
  • Represented D&O insurer in mediation of failed bank claim.
  • Litigated post-trial issues and appellate issues for Tennessee hospital system in negligence action.
  • Advises insurers on coverage issues under D&O, E&O, cyber liability, and commercial general liability policies for claims involving, among other things, governmental investigations, securities fraud, shareholder derivative suits, malpractice, bank failures, data loss, and computer network security breaches.
  • Represents intellectual property trade association in copyright enforcement matters nationwide.
  • Represents clients in various pro bono matters; experience includes representing: (i) veterans returning from Afghanistan and Iraq seeking to obtain military benefits; (ii) political refugees seeking asylum in the United States; and (iii) foster parents in adoption proceedings.

Publications, Presentations and Speaking Engagements

Professional and Community Involvement

  • Virginia Bar Association
  • District of Columbia Bar Association
  • Claims Litigation and Management Alliance (Cyber Committee)
  • Professional Liability Underwriting Society
  • International Association of Privacy Professionals

Professional Experience

  • Partner, Troutman Sanders LLP, 2018-present
  • Associate, Troutman Sanders LLP, 2010-2017

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Education

  • American University, J.D., cum laude, 2009
  • Dickinson College, B.A., 2004

Bar Admissions

  • 2009 Virginia
  • 2011 District of Columbia

Court Admissions

  • U.S. District Court for the Eastern District of Virginia
  • Supreme Court of Virginia
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Columbia