Thomas L. McCally

Partner
Practices
About

Thomas McCally has over 25 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 publication of the Standardized Civil Jury Instructions for the District of Columbia, 1998 revision.

Representative Experience
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, 2020
  • Recognized on Super Lawyers List, 2012-2019  for Employment and Labor Law: Employer, Business Litigation, Nonprofit Organizations, Civil Litigation: Defense
  • Tom was presented the District of Columbia Defense Lawyers Association’s Lawyer of The Year Award, June 28, 2019
Speaking Engagements
  • “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