Barclay Damon
Barclay Damon

Thomas B. Cronmiller

Thomas B. Cronmiller

Partner

p: 585-295-4424

f: 585-295-8405

icon_email tcronmiller@barclaydamon.com
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Rochester Office

2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604

Tom Cronmiller is an experienced trial lawyer and counsel to multiple companies, who has tried a variety of cases to verdict in both federal and state courts, including appellate practice. Tom’s practice focuses on products liability, complex personal injury, commercial litigation, intellectual property litigation and professional liability litigation, including medical malpractice, legal malpractice, accounting malpractice and directors and officers liability. Tom’s representative clients include multi-national, publicly traded manufacturing companies, large underwriters of commercial and specialty lines of insurance, privately held and public companies. In addition he has represented clients before the U.S. Securities and Exchange Commission. Tom is the Practice Group Leader of Barclay Damon’s Torts & Insurance Primary Practice Group, which consists of over 70 professionals.

Tom is a Certified Federal Court Mediator for the Western District Court of New York, serves as a member of a local rules committee for the Western District of New York, and is a member of the Western District of New York Federal Bar Association. Tom serves as counsel to many small, mid-sized and large privately held companies. Tom provides general legal counsel to accounting firms, energy supply companies, aggregate mining companies, food distributors/wholesalers/processors, farm product distributors, manufactures, information technology companies, and real estate companies. In addition, Tom is a member of the board of directors of a privately held company and is the past treasurer of a not for profit corporation.

Tom has written and lectured on a number of topics, including professional liability, risk management, trial practice and ethics. He has provided multiple CLE and CE programs for clients throughout the Northeast.

Representative Experience

  • Defended and tried to verdict professional liability cases, including those against health care providers.
  • Serving with a legal team to represent a Community Hospital relative to its affiliation with a large Regional Hospital System.
  • Part of a legal team that defended and negotiated the resolution of an issue involving the refurbishing of equipment essential to the manufacture of Portland Cement. The dispute was quickly resolved, and the equipment was returned operation.
  • Represents directors, officers and professionals in class action lawsuits stemming from alleged securities law violations, as well as regulatory investigations and prosecutions by the Securities and Exchange Commission and the Public Corporation Accounting Oversight Board.
  • Defended product liability claim involving industrial equipment resulted in summary judgment.
  • Defended a class action suit arising out of alleged violations of the Securities and Exchange Law by an accounting firm. Successful on case dismissal. 
  • Successfully defended multiple product liability claims against global diversified industrial companies and retailers.
  • Represented a franchisor of retail restaurants in a successful resolution of a breach of license agreement.

Practice Areas

Education

  • University of New Hampshire School of Law, J.D., 1981
  • State University of New York at Geneseo, B.A., magna cum laude, 1978

Admitted To Practice

  • New York, 1988
  • New Hampshire, 1981
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, District of New Hampshire

Memberships & Affiliations

  • U.S. District Court for the Western District of New York, Local Rules Committee
  • Certified Continuing Education Provider, Florida and Texas
  • Federal Bar Association, Western District of New York Chapter, Member
  • Council Litigation Management (“CLM”)
  • Defense Research Institute, State Liaison Trial Tactics and Techniques
  • Association of Defense Trial Attorneys, Primary Member
  • New York State Bar Association, Torts, Insurance and Compensation Law Section
  • New Hampshire Bar Association
  • Monroe County Bar Association

Civic Activities

  • Monroe County Bar Association – Professional Performance Committee
  • Boys & Girls Club of Rochester, Golf Committee 2012
  • Commodity Resource Corporation, Board of Directors
  • Lakeside Memorial Hospital, Past Foundation Board of Directors, Past Treasurer and Public Relations Committee Chair
  • Lakeside Health System Capital Campaign Steering Committee, Vice Chair

Speaking & Publications

  • “Evaluating Tenders of Defense and Indemnification,” December 2016
  • “Informed Consent/Apologies by Health Care Providers” Erie County Medical Center, August 2014 
  • “Attorney Malpractice & Insurance, CLE, MCBA, January 2014
  • “Litigation Misconduct and Professional Ethics,” CLE, First Niagara Bank, October 2013; AIG, September 2013; Zurich, March 2013
  • “Claims by Successors of Failed Entities/Fundamentals of Real Estate Law," CLE, CNA Pro, October 2013
  • “Professional Code of Ethics for Florida Insurance Adjusters," CE, Chubb Insurance, March 2013
  • “Ethically Obtaining and Using Evidence from Social Media Sites,” Chartis, September 2011, Chubb, November 2011
  • “Attorney Malpractice Issue: Estate Planning,” CNA Pro, August 2011
  • “The Conundrum of Preserving In-House Attorney-Client Privilege,” New York State Bar Association Journal, January 2010
  • “The Care and Feeding of Defense Counsel: Ethical Issues in the Tripartite Relationship,” April 2008
  • “Real Evidence for the Trial Practitioner – Presentation: Motions In Limine and Jury Charges”
  • “A Primer to Strict Products Liability and Risk Management,” NanoDynamics Headquarters, June 2007
  • “Developments in Environmental & Toxic Tort Law,” May 2007
  • “Real Evidence for the Trial Practitioner - Presentation: Motions In Limine and Jury Charges,” February 2006

Honors

  • The Best Lawyers in America, 2013-2018 for Personal Injury Litigation - Defendants
  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2008-2017 for Personal Injury Defense: Products
  • Martindale-Hubbell “BV” Distinguished® Peer Review Rated for High to Very High Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner