Thomas L. McCally

Practices

• Business Audit
• Business Law and Commercial Litigation
• Civil Rights
• Class Action Litigation
• Complex Litigation
• Directors and Officers Liability
• Employment and Labor Law
• Government Investigations And Enforcement
• Health Care Practice
• Nonprofits and Charitable Organizations
• Religious Institution Practice
• Retail Litigation
• Intellectual Property and Technology Law

About

Thomas McCally has over 30 years of experience as a litigator, business advisor, and outside general counsel across a wide variety of industry groups for nearly every issue in business law and commercial litigation, employment and labor law, complex litigation, class actions, multidistrict litigation (MDL), civil rights, non profit, and religious institutions practice.

As Practice Group Leader of the Employment and Labor Law Practice, Tom has represented a wide variety of businesses across multiple industries including for profit and nonprofit. A component of his employment and labor law practice is Carr Maloney’s nonprofit and charitable organization practice where Tom frequently represents trade associations, educational institutions, religious institutions, charitable organizations, and professional associations. Within the Employment and Labor Law Practice, Tom practices before the EEOC and state and local EEO agencies. He has been lead counsel in scores of reported cases in federal and state courts on employment and labor law issues including claims such as:

• Class Actions
• Discrimination
• Sexual Harassment
• Retaliation
• ERISA
• Wage and Hour
• Whistleblower (SOX)
• Wrongful Discharge
• Unfair Labor Practices

With a keen understanding of business operations, Tom often serves as a trusted business advisor for companies, both small and large, serving as outside general counsel. In this role he provides strategic comprehensive legal advice in business matters including:

• Individual Terminations
• Layoffs/ RIF’s
• Restructurings
• Compliance with local, state, federal, and international laws and regulations
• Personnel policies and procedures
• EEOC- compliance self audits, investigations, and training
• DOL- audits, investigations, and approved management training

With any business, there will be disputes or issues that arise. Within the business law and commercial litigation practice, Tom represents public and private corporations, retailers, and other businesses in all types of litigation matters including:

• Commercial and transactional disputes
• Violations of non-compete and non-solicitation agreements
• Misappropriation of Trade Secrets and Proprietary Information
• Dissolution
• Shareholder disputes/ Derivative actions
• Breach of Fiduciary duty
• Breach of Contract claims
• Drafts, Negotiates and Enforces Commercial Contracts

As a litigator, Tom has extensive experience in complex litigation matters of all types. Some key areas include:

• Commercial Litigation
• Employment and Labor Law
• Whistleblowers’ Claims (SOX)
• Civil Right Violations
• Sexual and Psychological Abuse
• Catastrophic Injury
• Class Actions

Before entering private practice, Tom served as a law clerk to the Hon. Richard B. Latham, Circuit 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 from 1993- 1998, which resulted in the publication of the Standardized Civil Jury Instructions for the District of Columbia, 1998 revision.

Representative Experience

• From the Heart Church Ministries, Inc. v. African Methodist Episcopal Zion Church, Mid-Atl. II Episcopal Dist., 370 Md. 152, 803 A.2d 548, 2002 Md. LEXIS 511.
• 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.
• Rosen v. Am. Isr. Pub. Affairs Comm., Inc., 41 A.3d 1250, 2012 D.C. App. LEXIS 152, 2012 WL 1427797.
• 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.
• Harrison v. Montgomery County Bd. of Education, 295 Md. 442, 456 A.2d 894, 1983 Md. LEXIS 212.
• Discrimmination/ 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 Ctr., 98 F.3d 1406, 1996 U.S. App. LEXIS 28298, 321 U.S. App. D.C. 243, 72 Fair Empl. Prac. Cas. (BNA) 314, 69 Empl. Prac. Dec. (CCH) P44,389, 36 Fed. R. Serv. 3d (Callaghan) 412
• W.M. Schlosser Co. v. Maryland Drywall Co., 673 A.2d 647, 1996 D.C. App. LEXIS 47
• Father Flanagan’s Boys’ Home v. Millard School Dist., 196 Neb. 299, 242 N.W.2d 637, 1976 Neb. LEXIS 784, 80 A.L.R.3d 827
• Wyvill v. Archdiocese of Washington

Education

Emory University School of Law
JD
Emory Moot Court Society, Director-in-Chief, Southeastern Regional Champion

University of Delaware
BA (Political Science & Criminal Justice), cum laude

Recognition

• Martindale-Hubbell® has given Tom its AV Preeminent® rating, earned by attorneys at the highest level of professional excellence.
• Listed in Best Lawyers in America in the area of Labor and Employment, 2023
• Recognized on Super Lawyers List, 2012-2022  for Employment and Labor Law: Employer, Business Litigation, Nonprofit Organizations, Civil Litigation: Defense
• Recognized on Washingtonian’s Top Lawyers 2022 for Labor and Employment- Defense
• Tom was presented the District of Columbia Defense Lawyers Association’s Lawyer of The Year Award, June 28, 2019

Publications

• “D.C. Ban on Non-Compete Agreements in Effect” Carr Maloney Website, October 13, 2022
• “New Sexual Harassment Training Requirements for DC Employers with Tipped Employees” Carr Maloney Website, March 25, 2022
• “Employer Mandated COVID Vaccines: What are the risks?” Carr Maloney Website, February 14, 2021
• “Virginia Workplace Safety Mandate,” Carr Maloney’s COVID-19 Resource Hub, July 16, 2020
• “SBA and Treasury Release Additional Guidance on Implementation of PPP Interim Final Rules” Carr Maloney’s COVID-19 Resource Hub, June 29, 2020
•  “SBA and Treasury Issue Changes to PPP First Interim Final Rule” Carr Maloney’s COVID-19 Resource Hub, June 23, 2020
• “D.C. Is Entering Phase II on Monday, June 22nd” Carr Maloney’s COVID-19 Resource Hub, June 22, 2020
• “SBA Simplifies Process for PPP Loan Forgiveness” Carr Maloney’s COVID-19 Resource Hub, June 19, 2020
• “EEOC Updated Guidance States that Employers Cannot Require COVID-19 Anti-Body Testing” Carr Maloney’s COVID-19 Resource Hub, June 12, 2020
• “The Paycheck Protection Program Flexibility Act of 2020 is now law: What does this mean for your business?” Carr Maloney’s COVID-19 Resource Hub, June 8, 2020
• “D.C. Announces Plans to Begin to Re-Open Starting May 29: What Does that Mean for Your Business?” Carr Maloney’s COVID-19 Resource Hub, May 26, 2020
• “Small Business Association and Department of Treasury Issue New Guidance Regarding PPP Loans,” Carr Maloney’s COVID-19 Resource Hub, May 13, 2020
• “Preparing for Return to Work: What Employers Need to Know Now,” Carr Maloney’s COVID-19 Resource Hub, May 6, 2020
• “When A Sick Employee Comes to Work,” Carr Maloney’s COVID-19 Resource Hub, May 6, 2020
• “Advance Notice Required for Change in Pay,” Carr Maloney’s COVID-19 Resource Hub, April 23, 2020
• “Coming Soon to a Bank Near You: More Money for Small Businesses,” Carr Maloney’s COVID-19 Resource Hub, April 22, 2020
• “D.C. Passes COVID-19 Response Supplemental Emergency Amendment Act,” Carr Maloney’s COVID-19 Resource Hub, April 9, 2020

Speaking Engagements

• “Emerging Issues and Recent Development in Employment Law,” Virtual Webinar with Perrin Conference in conjunction with The MPLA, June 22, 2022
• “Montgomery County’s Updated Human Rights Law: New Workplace Provisions, Enforcement Priorities, and Best Practices for Trial,” Virtual Webinar with The Metropolitan Washington Employment Lawyers Association and the Bar Association of Montgomery County, Maryland, April 15, 2021
• “Up-To-The-Minute Employment Law Updates,” Virtual Webinar with Association of Legal Administrators (ALA), February 25, 2021
• “Hot Topics- Employment Law Updates During the COVID Crisis,” Virtual Webinar with Association of Legal Administrators (ALA), October 6, 2020
• “Adjusting to the Teleworking Environment: Tax and Employment Laws to Consider,” Virtual Webinar with Councilor- Buchanan & Mitchell, September 15, 2020
• “How COVID-19 Will Impact The Return to Workplace Environment,” AM Best Insurance Law Podcast, May 26, 2020
• “Employment Law Update,” Association of Law Firm Administrators (ALA), August 20, 2019
• “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
• “The Fine Line Between a “Dream Team” and a “Scream Team” when dealing with Legal Based Crisis Management,” Association of Corporate Counsel (ACC), March 9, 2016
• “Navigating the Tangled Web of Complex ADA, FMLA, and Workers Compensation Issues,” Association of Law Firm Administrators (ALA), February 18, 2016

Admissions

States
District of Columbia
Maryland
Georgia (Inactive)

U.S. District Courts
District of Columbia
District of Maryland

U.S. Court of Appeals
Federal Circuit
Fourth Circuit

United States Supreme Court

Affiliations

• American Board of Trial Advocates
• Bar Association of the District of Columbia; Co-chair of Civil Jury Instructions Committee (1993-1998); Executive Committee, Young Lawyers Section (1992-1994)
• District of Columbia Bar Association
• Maryland State Bar Association
• Montgomery County, MD, Bar Association
• Georgia State Bar Association
• American Bar Association
• District of Columbia Defense Lawyers Association
• District of Columbia Superior Court; certified mediator
• The Barristers (Washington, DC); President (2016-2017), Executive Committee and Board Member (2017-2018)
• The Counsellors (Washington, DC)
• Lawyers Club of Washington
• Greater Washington Board of Trade
• National Retail Federation; Employment Law Committee