Thomas L. McCally
TEL: (202) 310-5506
FAX: (202) 310-5555
2020 K Street, N.W.
Washington, DC 20006
Tom McCally heads the Employment and Labor Law practice at Carr Maloney. He has more than 25 years’ experience in virtually every issue in employment, labor and benefits counseling, and litigation, including complex litigation, class actions and multidistrict litigation (MDL). He regularly tries cases in federal and state courts. Tom’s other areas of focus are commercial litigation, business law, directors’ and officers’ liability, complex litigation, civil rights, nonprofit and religious institutions practice.
Tom has served as lead counsel in scores of cases tried to verdict in federal and state courts on numerous employment issues, including claims of discrimination, sexual harassment, retaliation, ERISA, whistleblower, wrongful discharge, and unfair labor practices. He also regularly practices before the EEOC and state and local EEO agencies. This trial and litigation experience sets him apart from many employment practices at larger firms, and allows him to deliver high value to clients. When counseling a company, Tom knows how an issue might play out in trial and positions a client in the most advantageous way, should a matter wind up in court.
Tom partners with his clients to become part of their business, serving as outside general counsel, understanding all issues, and providing business-oriented advice and strategic planning. He also counsels his clients on individual terminations, layoffs, restructurings, and compliance with local, state, federal, and international laws and regulations.
For corporate clients, Tom does everything from writing personnel policies and procedures, to giving EEOC-compliance self-audits and DOL-approved management training, to handling crisis communications in high-profile matters, protecting reputations and brands.COMMERCIAL AND BUSINESS DISPUTES
Tom regularly represents corporations, retailers, and other businesses in all types of commercial and business disputes. This representation includes litigating cases involving commercial disputes, violations of non-compete and non-solicitation agreements, misappropriation of trade secrets and proprietary information. He also litigates business disputes and dissolution, breach of fiduciary duty and breach-of-contract claims. In addition to litigating, Tom drafts, negotiates, and enforces commercial contracts and employment agreements for businesses and individuals alike.
Another component of Tom’s practice is representation of nonprofits, including trade associations, educational institutions, religious institutions, charitable organizations, and professional associations. He counsels these clients on a broad array of employment and business-related matters, while conscious of their unique and special needs.
Representing management, Tom has experience in labor law that includes collective bargaining agreement disputes, arbitration of grievances, and litigation involving unfair labor practices.
Tom has extensive experience in complex litigation matters of all types. This includes commercial litigation, employment, whistleblowers’ claims, civil rights violations, sexual and psychological abuse, catastrophic injury, and mass torts.
Tom has been lead counsel in many significant cases some of which have resulted in significant appellate decisions, including:
- From the Heart v. African Methodist Episcopal Zion Church, et al. For AME Zion Church, obtained return of nearly $40 million in real estate from a breakaway congregation, in a First Amendment case defining the limits of court authority in matters of a church’s property, affirmed by Maryland’s highest court.
- Steven Rosen v. American Israel Public Affairs Committee (AIPAC). Successfully defended AIPAC, a domestic pro-Israel lobby, against a $20-million defamation claim brought by its terminated employee Rosen, after AIPAC made statements reported in the New York Times that Rosen’s behavior “did not comport with the standards that AIPAC expects of its employees.” This First Amendment case established what employers can and cannot say about why employees are released.
- Brent v. RS Information Systems, Inc. Successfully defended IT governmental contractor in two-week jury trial determining violation of a former employee’s non-compete agreement.
- Harrison v. Landon School. Retaliation claim brought by the school’s CFO/CEO, which resulted in a defense verdict after a two-week jury trial in the Circuit Court for Montgomery County, Maryland. The plaintiff was also found to have breached his employment contract and Duty of Loyalty to the school.
- EEOC v. National Children’s Center, Inc.
- W.M. Schlosser v. Maryland Drywall Company, Inc.
- Thomas v. American Society of Civil Engineers
- Millard v. Boys Home of Baltimore
- Thomas v. Technical Resources Inc.
- Potts v. District of Columbia
- Wyvill v. Archdiocese of Washington
PROFESSIONAL AFFILIATIONS AND SERVICE
Before entering private practice, Tom served as law clerk to the Hon. Richard B. Latham, Circuit Court for Montgomery County, Maryland. Over the years, Tom has served in various capacities for national, state, and local bar associations, including as co-chair of the Civil Jury Instructions Committee of the Bar Association of the District of Columbia from1993 to 1998, which resulted in publication of the Standardized Civil Jury Instructions for the District of Columbia, 1998 revision.
Martindale-Hubbell® has given Tom its AV Preeminent® rating, ranked in Labor and Employment at the highest level of professional excellence. Most recently, Tom was recognized as a 2013 and 2014 Top Rated Employment & Labor Law Attorney. Recipients of this prestigious honor are selected only from Martindale-Hubbell AV Preeminent® rated attorneys. He also has been named as a Best Lawyer and rated in Super Lawyers. Tom’s service to the bar has been recognized on many occasions including receiving the Outstanding Achievement Award from the Bar Association of the District of Columbia, Young Lawyer’s Section, in 1996. In addition, Tom is a member of the American Board of Trial Advocates (ABOTA) a national association of experienced trial lawyers and judges whose members are admitted by invitation only.
Tom regularly speaks on employment and labor law, business practices, and commercial litigation at national conferences, in addition to providing training to employers:
- “Management Liability Threats: Why Choosing the Right D&O Liability Insurance is a Must These Days,”American Bar Association’s Webinar, June 24, 2019
- “Management Liability Threats: Why Choosing the Right Directors & Officers Liability and Employment Practices Liability Insurance is a Must in the Era of Internal Claims Against Individuals at the Firm,” American Bar Association’s National Legal Malpractice Conference, April 1, 2019
- ASSOCIATION OF CORPORATE COUNSEL (ACC): The Fine Line Between a “Dream Team” and a “Scream Team” when dealing with Legal Based Crisis Management Presented to: Members of the Association of Corporate Counsel including General Counsel and Staff Counsel of Corporations throughout the Washington Metropolitan Area. March 9, 2016
- ASSOCIATION OF LAW FIRM ADMINISTRATORS (ALA): Navigating the Tangled Web of Complex ADA, FMLA and Worker’s Compensation Issues
Presented to: Law Firm Administrators attending the National Conference of the ALA in Orlando, FL. February 18, 2016 MORE>> (PDF)
OUTSIDE THE OFFICE . . .
Tom is an assistant den leader in the Cub Scouts. For several years, he has accompanied his daughter’s Girl Scout troop on annual trips. Tom also annually participates in a 100-mile point-to-point horseback ride in Arizona’s Sonoran Desert. A third-generation Washingtonian, Tom also enjoys golf, boating, sports, and photography. His great-grandfather was a builder who worked with renowned Washington architect Waddy Wood, and Tom often seeks out their buildings to photograph.
Employment and Labor Law
Business Law &
Directors & Officers Liability
Religious Institution Practice
District of Columbia
US District Courts
District of Columbia
District of Maryland
US Courts of Appeals
US Supreme Court
Emory University School of
Emory Moot Court Society,
University of Delaware, BA
& Criminal Justice), cum laude
American Board of Trial
Advocates (since 2013)
Bar Association of the District
of Columbia; Co-chair of Civil
Jury Instructions Committee
Committee, Young Lawyers
District of Columbia Bar
Maryland State Bar
MD, Bar Association
Georgia State Bar Association
American Bar Association
DC Defense Lawyers Association
District of Columbia Superior
Court; certified mediator
The Barristers (Washington,
DC); Board of Directors,
2012, Treasurer, 2013-2014,
Vice President, 2014-2015
Lawyers Club of Washington
Board of Trade
National Retail Federation;
Employment Law Committee