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Andy Tomback is a partner in the Litigation Department of Milbank, Tweed, Hadley & McCloy LLP. He joined the Firm in March 1996.
Mr. Tomback began his career in Washington, D.C., where he clerked for Federal Judge Stanley Sporkin. In 1988, he became an Assistant United States Attorney in the Criminal Division of the U.S. Attorney's Office in the Southern District of New York. He concentrated on complex securities frauds, including stock manipulations, insider trading, and penny stock schemes. He tried 12 cases to conviction and successfully argued over 20 cases before the Second Circuit.
From 1993 through 1995, Mr. Tomback was Senior Advisor to the Under Secretary for Enforcement at the Department of the Treasury, where he investigated the Waco tragedy, was a principal drafter of Treasury's incisive report, and played an integral role in the passage of the Brady Bill, the assault weapons ban and the Crime Bill. Prior to joining Milbank, Mr. Tomback was Deputy General Counsel (Litigation) of the Resolution Trust Corporation, where he managed several hundred attorneys handling federal savings and loan resolutions.
At Milbank, Mr. Tomback has handled a full range of civil and criminal litigation, focusing on matters involving federal securities laws, complex litigation, and international arbitrations. His White Collar practice has included defending individuals accused by prosecutors, the SEC and the various self-regulatory bodies of insider trading, stock manipulation, bank and insurance fraud, inadequate disclosure in derivative transactions, unlawful Internet gaming and Ponzi schemes, as well as market timing and late trading. He has represented individuals and institutions in grand jury, Securities and Exchange Commission ("SEC") and internal corporate investigations.
Mr. Tomback's practice is exceptionally diverse. He has recently represented: (i) a Fortune 500 corporation in a successful $350 million arbitration; (ii) American Century in its path breaking defense of '40 Act excessive fee claims (where plaintiffs voluntarily dismissed the complaint and recovered nothing despite alleging several hundred million dollars of losses); (iii) the Canadian government in a dispute over the performance of an electron beam accelerator; (iv) a major financial institution defending ERISA claims; (v) the largest Swedish insurance company in market timing investigations by the SEC and the New York Attorney General's Office; (vi) the audit committee of Safety Components, Inc. in connection with an investigation relating to its restatement of its financial statements; (vii) a prominent Brazilian investor in a successful arbitration against a private Swiss bank; (viii) a Trustee of a leading American museum in an Italian investigation of the alleged illegal export of antiquities by the museum and its curator; (ix) numerous employees of a major insurance company in DOJ and SEC investigations as well as class action lawsuits, and (x) Robert DeNiro in a child custody and divorce litigation
Mr. Tomback received his B.A. summa cum laude and Phi Beta Kappa from Yale College, and received the Branford Award for Distinguished Scholarship. He received his J.D. from Yale University. He was Editor of the Yale Law Journal and the Senior Articles Editor of the Yale Journal on Regulation. | 