Kirby McInerney | Thomas Elrod
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Thomas  W. Elrod


Whistleblower/Qui Tam


  • University of Chicago (B.A., 2005)
  • Boston University School of Law (J.D., 2009)


  • New York State Bar
  • New Jersey State Bar
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States District Court for the District of New Jersey
  • United States Courts of Appeals for the 2nd, 7th, and 9th Circuits
Thomas W. Elrod
Tel: 212.371.6600
Fax: 212.751.2540
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Thomas W. Elrod is a partner based in our New York office focusing on securities, commodities, and antitrust litigation.

From 2015-2019, Mr. Elrod was named a Top Rated Securities Litigation “Rising Star” Attorney by Super Lawyers. Mr. Elrod joined the firm in 2011.

Some of Mr. Elrod’s relevant securities experience includes:
  • Lead counsel in In re Citigroup Inc Securities Litigation, a class action arising out of Citigroup’s alleged misrepresentations regarding their exposure to losses associated with numerous collateralized debt obligations.  This case settled for $590 million.
  • Representation of the proposed class of investors in Shah v. Zimmer Biomet Holdings, a securities class action alleging that a medical device company did not disclose systemic quality issues at its manufacturing facility.
  • Lead counsel in In re Hi-Crush Partners L.P. Securities Litigation, a class action alleging that fracking sand producer Hi-Crush Partners misled shareholders regarding a major customer relationship.  This case resulted in a $3.8 million settlement while class certification was pending.
  • Co-lead counsel in In re Resonant Inc. Securities Litigation, a securities class action alleging that a mobile phone component company misled investors concerning its ability to meet the terms of a development agreement.  The case resulted in a $2.75 million settlement.
  • Representation of municipal issuers, including governmental entities and hospital systems, in FINRA arbitrations alleging misrepresentations by underwriters in connection with Auction Rate Securities issuances.
Some of Mr. Elrod’s relevant antitrust experience includes:
  • Representation of the exchange-based class in In re LIBOR-Based Financial Instruments Antitrust Litigation, an antitrust case alleging that defendant banks colluded to misreport and manipulate LIBOR.  This litigation has already resulted in a partial settlement of over $180 million.
  • Special fiduciary representation for the exchange-based class in In re Foreign Exchange Benchmark Rates Antitrust Litigation for a putative class of participants who traded futures and options in the FX market.  The case has already resulted in partial settlements of more than $2.3 billion.
  • Court appointed Executive commmittee member and class counsel in In re Cattle Antitrust Litigation, representing ranchers and live cattle traders alleging a conspiracy among the "Big 4" meatpacking firms to supress prices for fed cattle and commodities manipulation of live cattle futures traded on the Chicago Mercantile Exchange.
  • Lead counsel on behalf of a proposed class of Brent crude oil futures traders alleging benchmark manipulation in In re North Sea Brent Crude Oil Futures Litigation.
  • Representation of exchange-based investors in Shak v. JP Morgan Chase & Co., alleging monopolization and manipulation of the silver futures market in violation of federal antitrust and commodity exchange laws.
Some of Mr. Elrod’s other relevant experience includes:
  • Representation of a nationwide class of residential mortgage loan borrowers in Rothstein v. GMAC Mortgage LLC, a class action alleging violations of the Racketeer Influence and Corrupt Organizations Act. This litigation resulted in a $13 million settlement against GMAC Mortgage.
  • Representation of SEC, CFTC, and FCA whistleblowers who claim that their companies have violated federal law or defrauded the United States Government.