Tom McNamara is a partner in Davis Graham & Stubbs LLP’s Trial Department. He graduated summa cum laude from the University of Minnesota in 1987 (B.A. International Relations/African History and Development). He received his formal legal education at the Yale Law School where he graduated in 1990.
Mr. McNamara joined DGS in 1990. He is admitted to practice law in the State of Colorado, the United States District Courts for the Districts of Colorado, Northern Illinois, and Northern Texas, the United States Bankruptcy Court for the District of Colorado, the United States Court of Federal Claims, the United States Court of Appeals for the Fifth and Tenth Circuits, the United States Supreme Court and several other United States jurisdictions. He is a member of the Denver, Colorado, American and International Bar Associations.
Mr. McNamara’s dispute resolution practice focuses primarily on natural resources matters. However, he also has worked with the banking, securities, financial services, telecommunications, geospatial imaging, hospitality, and consumer products industries.
He has specialized knowledge and experience concerning litigation of unique international law issues including: service of legal process abroad; personal jurisdiction of United States courts over foreign parties; subject matter jurisdiction of United States courts over international disputes; foreign sovereign immunity; enforcement of forum selection and choice-of-law provisions; forum non conveniens (inconvenient forum) doctrine; comity among nations considerations; obtaining evidence (testimonial, documentary and physical) abroad for use in United States lawsuits; enforcement of foreign judgments in the United States; international corruption; and international arbitration. Mr. McNamara also coordinates litigation abroad for United States parties.
In addition to dispute resolution, Mr. McNamara regularly advises clients on regulatory matters (particularly oil, gas and mining regulations and use of public lands) and compliance with domestic and foreign law including the Foreign Corrupt Practices Act, the UK Bribery Act, other anti-corruption legislation, international sanctions regimes and international export compliance. He also advises on commercial contracts and transactional matters, particularly in the areas of oil, gas and mining, international sales of goods and other international transactions.
He is conversant in Spanish. Mr. McNamara also has studied and has some reading comprehension (but is not fluent) in French, Chinese and Chichewa. He has recently published articles on transnational forum selection, forum non conveniens, international sales, export controls and foreign sovereign immunity issues in the International Lawyer, the Colorado Lawyer, Business Law International, Ars Juris (Mexico) and Revista Colombiana de Derecho Internacional (Colombia). He frequently lectures on dispute resolution and private international law topics both in the United States and abroad. Mr. McNamara is past Co-Chair of the American Bar Association’s International Litigation Working Group on Transnational Discovery. He is a member of the International Bar Association and past President of the Colorado Bar Association’s International Law Section. He is a member of numerous other organizations involved in international issues. Mr. McNamara has been selected repeatedly by his peers from around the world as one of the leading litigators in Colorado in such publications as: International Who’s Who of Commercial Litigators, Guide to the Leading U.S. Litigation Lawyers, Corporate Counsel Blackbook and Colorado Superlawyers (2006 - 2014). He is “AV” peer-rated by Lexis-Nexis Martindale-Hubbell (which is the highest rating available in such system). Mr. McNamara is DGS’ liaison to Lex Mundi, the largest and most prominent international law firm network.
Substantively, his diverse practice includes litigation related to: oil and gas; mining; natural resources; contractual and business relationships; commercial torts (fraud, breach of fiduciary duty, intentional interference with contract, fraudulent conveyance, conversion, misrepresentation, etc…); foreign sovereign immunity; the Foreign Corrupt Practices Act; securities disputes; wrongful death and personal injury; real estate; broker-dealer liquidations; collection of judgments; employment; banking; and bankruptcy. The following are recent examples of Mr. McNamara’s practice:
Yale University, J.D., 1990
University of Minnesota, B.A., summa cum laude, 1987
Tom McNamara es un socio de Davis Graham & Stubbs LLP en el departamento de litigación. Después de graduarse de la Facultad de Derecho de la Universidad de Yale (en New Haven, Connecticut), Sr. McNamara ingresó en DGS en 1990. Él tiene autorización oficial para ejercer el derecho en los tribunales del Estado de Colorado (ambos los tribunales federales y del estado) y en otras jurisdicciones de los Estados Unidos. Sr. McNamara es un miembro del Colegio de Abogados de Denver, Colorado y del Colegio de la Abogacía Americana.
Sr. McNamara tiene experiencia extensa en litigación y arbitraje sobre negocios y comercio, incluyendo acciones tales como: los contratos y la infracción de contrato; los actos ilícitos o cuasidelitos (como fraude, dolo civil, apropiación ilícita, intromisión con contratos y relaciones contractuales); los daños con respecto a la persona y la propiedad; las finanzas; la bancarrota; los empleados; y las leyes antimonopólicas.
En adición, más recientemente, Sr. McNamara ha desarrollado una especialización en los asuntos internacionales y las leyes internacionales. Este asunto incluye: la notificación de la demanda en países extranjeros; la jurisdicción de los tribunales de los Estados Unidos con relación a partes extranjeras; la teoría del tribunal inconveniente; el proceso de descubrimiento en países extranjeros; la soberanía de los países extranjeros; y la ejecución de sentencias extranjeras. Con frecuencia, Sr. McNamara trabaja con clientes y abogados de Latino América.
Más información sobre el trabajo legal de Sr. McNamara (incluyendo ejemplos recientes y específicos) está disponible en el “PDF Profile” de Sr. McNamara en el sitio web de DGS. Sr. McNamara comenzó aprender español recientemente.
International Bar Association Annual Conference
La Facultad de Derecho de la Universidad de Montevideo
Forty-six Davis Graham & Stubbs LLP attorneys have been recognized as 2013 Colorado Super Lawyers or Rising Stars, which is published by Thomson Reuters. The listing will be featured in The Denver Post on March 31 and in the April issues of 5280 Magazine and Colorado Super Lawyers.
Revista Colombiana de Derecho Internacional
This Spanish language article examines certain aspects of the Colombian petroleum sector under the new legal framework restructuring the Colombian national petroleum company, Ecopetrol S.A. In particular, it considers the sovereign immunity implications of the transformation of Ecopetrol S.A. under Colombian and United States law and whether the entity should be considered as a "State" or an "agency or instrumentality of a State" that has the right to claim sovereign immunity as a defense in courts in the United States.
40 Davis Graham & Stubbs LLP attorneys have been recognized as 2012 Colorado Super Lawyers or Rising Stars, which is published by Thomson Reuters. The listing will be featured in the April issues of 5280 Magazine and Colorado Super Lawyers.
Practical Law Publishing Ltd.
The doctrine of foreign sovereign immunity provides that a foreign state generally is immune from the jurisdiction of the courts of another sovereign state. State immunity developed as an "undisputed principle of customary international law" and the law of nations based on core aspects of sovereignty applicable in common law, civil law and other judicial systems (see Restatement (Third) of the Foreign Relations Law of the United States, Chap. 5 at 390 (AU 1986) (Restatement Foreign Relations)). Until the mid -twentieth century, sovereign immunity from the jurisdiction of foreign courts was almost absolute. However, as governments and state enterprises became more and more active in commercial activities in the modern era, private entities interacting with foreign states attacked complete sovereign immunity as fundamentally unfair in eliminating judicial recourse and favoring state companies.
Business Law International (IBA)
The global financial crisis has spurred a substantial increase in economic intervention by industrial states and the creation of new state enterprises. Whether characterised as 'nationalisations', 'expropriations', 'bailouts', 'buyouts', 'recapitalisations', 'share purchases', 'asset protection schemes' or 'investments', in the last year, states engaged in virtually unprecedented actions to take partial or total public ownership of formerly private enterprises. Many of such interventions occurred in the financial sector. For example, the United Kingdom recently nationalised or obtained majority ownership of Northern Rock, Bradford & Bingley, Lloyds Banking Group and Royal Bank of Scotland.
Colorado Bar Association International Law Section
The doctrine of foreign sovereign immunity provides that a foreign state generally is immune from the jurisdiction of the courts of another sovereign state. State immunity developed as an ''undisputed principle of customary international law" I and the law of nations based upon core aspects of sovereignty, applicable in common law, civil law and other judicial systems.
Davis Graham & Stubbs lawyers Deborah Friedman and Tom McNamara were recently recognized by Who’s Who Legal as among the leading lawyers worldwide in their respective fields. Ms. Friedman was named in The International Who’s Who of Mining Lawyers 2006, and Mr. McNamara was selected for The International Who’s Who of Commercial Litigators 2006.
Thirteen lawyers at Davis Graham & Stubbs law firm have been named Super Lawyers by their peers in Colorado. Law & Politics magazine polled active Colorado lawyers for nominations to identify the best attorneys in more than 55 practice areas based on peer recognition and professional achievement. Super Lawyers involves an attorney-led research process for a diverse listing of the top lawyers from private practice, in-house counsel and the public sector in different geographic locations. Only 5 percent of the lawyers in each region are listed in Colorado Super Lawyers, co-published by Law & Politics and 5280 magazine.
Union Internationale des Avocats Winter Seminar on International Civil Litigation and the United States of America
The doctrine of foreign sovereign immunity provides that a foreign state generally is immune from the jurisdiction of the courts of another sovereign state. State immunity developed as an "undisputed principle of customary internationallaw,,1 and the law of nations based upon core aspects of sovereignty applicable in common law, civil law and other judicial systems. Until the mid-Twentieth Century, sovereign immunity from the jurisdiction of foreign courts was almost absolute. However, as governments and state enterprises became more and more active in commercial activities in the modem era, private entities interacting with foreign states attacked complete sovereign immunity as fundamentally unfair in eliminating judicial recourse and favoring state companies.
Presented To: Russian-American Symposium on Private International Law
Over the last decade, the United States and the Russian Federation (“Russia”) have dramatically transformed their relationship. The two nations are now engaged in a robust partnership to their mutual benefit.1 The partnership involves a rich mosaic of issues important to modern societies.
Russian-American Symposium on Private International Law
Second Annual Florida Bar International Litigation Update Conference
Sixteen years ago, the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention” )1 entered into force between the United States and ten other nations. The CISG, a multilateral treaty that governs the rights and obligations of parties to international sales contracts, is the international functional equivalent of Article 2 of the Florida Uniform Commercial Code (“UCC”).2
The Colorado Lawyer
Fifteen years ago, the United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention” ) “entered into force” (became effective) between the United States and ten other nations. The CISG, a multilateral treaty that governs the rights and obligations of parties to international sales contracts, is the international functional equivalent of Article 2 of the Uniform Commercial Code (“UCC”). The Convention was designed to foster foreign trade by making it easier and more economical to buy and sell raw materials, commodities, and manufactured goods through a unified legal approach.
Almost two decades ago, Lord Denning (England) provided an insightful foreign perspective on the American legal system’s role in international litigation:
National Association of Purchasing Management Denver Affilate
A. Importance of Forum
Forum means the place where a judicial action is pursued. The selection of forum in international cases may have important, sometimes even dispositive, impact on litigation. Within the broad framework of jurisdiction and venue rules, plaintiffs initially select the locale for litigation. Where multiple potential fora exist, forum selection criteria include, among other things: (1) the residency and location of the plaintiff; (2) the residency and location of the defendant; (3) the focal point of the action; (4) contract provisions, if any; (5) the location of witnesses; (6) the location of documents and physical evidence; (7) the most favorable law; (8) the possibility of
jury adjudication; (9) the location in which judgment will be enforced; and (10) other factors.
The International Lawyer
International forum selection clauses are "an almost indispensable precondition to achievement of the orderliness and predictability essential to any international business transaction."98 Ever since the Supreme Court's seminal 1971 decision in M/S Bremen v. Zapata Off-Shore Co.,99 U.S. courts have generally enforced such provisions based upon international comity, public policy, and contract law.100 International forum selection clauses may be challenged only on very limited grounds upon a clear showing that "enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching."101 In contrast to forum selection clauses, which are by nature contract based, the doctrine of forum non conveniens more broadly permits courts to "resist imposition upon [their] jurisdiction"102 if there is an "adequate alternative" forum103 and the balance of trial conveniences (including private and public interest factors) strongly favors the alternative forum.
The Colorado Lawyer, Vol. 25, No. 1
Financial institutions often find themselves on the horns of a legal dilemma at the commencement of a bankruptcy proceeding. The so-called "banker's dilemma" develops when a financial institution claims a prepetition right of setoff in a debtor's deposit account. The bank is placed in the untenable position of choosing between: (1) watching its setoff rights disappear as the debtor depletes the account, or (2) risking violation of the bankruptcy automatic stay by placing an "administrative freeze" on the debtor's account.