Thomas White is a partner in the Corporate and Bankruptcy and Financial Restructuring Practice Groups and a member of the Dodd-Frank Whistleblower Working Group. He joined the firm in 1979. Mr. White has practiced corporate and bankruptcy law at the firm since 1983. He is one of the firm’s leading practitioners in the area of corporate governance, and also has extensive experience representing corporate and institutional clients in complex business transactions. Mr. White also serves as General Counsel of WilmerHale.
Practice
Since passage of the Sarbanes-Oxley Act in 2002, Mr. White has developed a multi-disciplinary corporate governance practice. He has advised numerous Fortune 100, mid-cap, and small-cap companies and their boards and management on key issues under the Act, including internal control over financial reporting, attorney responsibility policies, director/officer loans, whistleblowers and auditor independence. He also advises clients and their boards and management on difficult corporate law, securities and accounting issues, and in conducting internal investigations. Currently, he is advising clients on accounting, disclosure, executive compensation, governance and other provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Mr. White has particular expertise in legal aspects of accounting and auditing. He is one of the ABA representatives on the National Conference of Lawyers and Certified Public Accountants and has previously served as Chair of the Law and Accounting Committee of the Business Law Section of the American Bar Association.
Recent Highlights
- Currently advises the audit committees of several major companies
- Serves as corporate and securities counsel for a Houston oilfield services company. Mr. White and WilmerHale helped this company successfully navigate a difficult multi-year financial reporting process, which included restating prior year financial statements, bringing the company current in its public SEC filings and obtaining relisting on the New York Stock Exchange, advising with respect to management separation issues, and responding to government investigations. Mr. White also provides ongoing advice to the Board on corporate governance matters.
- Recently advised an institutional investment manager with respect to restructuring of its short-term investment fund
Professional Activities
Mr. White is immediate past Chair of the Law and Accounting Committee of the Business Law Section of the American Bar Association. He was recently named a member of the Board of Editors of Business Law Today, the monthly publication of Business Law Section of the American Bar Association.
In August 2009, Mr. White was appointed by the President of the American Bar Association as one of the ABA’s representatives on the National Conference of Lawyers and CPAs. Mr. White is also a member of the Columbia Law School Board of Visitors.
Mr. White has appeared frequently in programs and panels on corporate governance and Sarbanes-Oxley issues, including before organizations such as ALI-ABA, Practicing Law Institute, the International Bar Association, the Organization for International Investment and Glasser Legal Works.
Community Involvement
Mr. White is the former Chair of the Board of Covenant House Washington, which serves homeless and at-risk youth in Washington DC and adjacent communities.
Honors and Awards
- Named a "Virginia Super Lawyer" in the July 2006 issue of Richmond Magazine
- Selected by peers for inclusion in the 2005-2006, 2008, 2009, 2010, 2011 and 2012 editions of The Best Lawyers in America, in the areas of Bankruptcy and Creditor-Debtor Rights (2005-2006), M&A law (2008, 2009, 2010, 2011 and 2012), and corporate governance and compliance law (2010, 2011 and 2012)
Recent Speaking Engagements
- Don’t Wing It! How to Prepare for Negotiation, Washington Metropolitan Area Corporate Counsel Association (September 2011)
- Loss Contingency Disclosure Demystified, Knowledge Congress (August 2011)
- The Role of Auditors in the Post Financial Crisis World, American Bar Association Business Law Section (August 2011)
- M&A Accounting—Impact of the New Standards, Washington Metropolitan Area Corporate Counsel Association (May 2011)
- Should There Be Different Accounting Standards for Public and Private Companies?, American Bar Association Business Law Section (April 2011)
- IFRS and Other Accounting Matters, Practicing Law Institute (April 2011)
- Accounting and Auditing Issues for Lawyers 2011, American Bar Association Business Law Section (November 2010)
- Top Ten Issues for Legal Opinion Practice and Audit Responses, Practicing Law Institute (November 2010)
- International Financial Reporting Standards: Implications of Accounting Convergence for Business Lawyers, American Bar Association Business Law Section (August 2010)
- Outside Accountants v. Inside Lawyers: Need it be Adversarial?, Washington Metropolitan Area Corporate Counsel Association (May 2010)
- Litigation Contingencies Revisited: Evolving Accounting Standards and Implications for the Attorney-Client and Work-Product Privileges, American Bar Association Business Law Section (April 2010)
- Top Ten Governance Issues for Corporate Secretaries, Washington Metropolitan Corporate Counsel Association (December 2009)
- What Lawyers Should Know About Accounting Standards Codification, American Bar Association Business Law Section (November 2009)
- Stress Test: The Impact of the Financial Crisis on Mark-to-Market and Other Critical Accounting Policies Affecting Financial and Other Companies, American Bar Association Business Law Section (August 2009)
- Statement 5 and 141R Loss Contingencies, Knowledge Congress (June 2010)
- Internal Controls: Evolving Best Practices, Washington Metropolitan Area Corporate Counsel Association (June 2009)
- Cross-Border Impact of US Adoption of International Financial Reporting Standards, American Bar Association Business Law Section (April 2009)
Recent Publications
Together with Carrie Wofford, Mr. White is the author of the chapter on "Whistleblowers" in The Practitioner's Guide to the Sarbanes-Oxley Act published by the ABA Business Section. Additionally, he has authored the following publications:
- “The Report of the Independent Auditor,” with Quillan Byam (ABA 2011)
- “California Supply Chain Transparency Law May Affect Non-California Businesses,” with Ayo Badejo (WMACCA 2011)
- “The SEC’s Consideration of the Convergence of Global Accounting Standards and Potential Adoption of International Financial Reporting Standards in the United States” (ABA 2010)
- “Accounting for Contingencies” (PLI 2010)
- “The SEC’s Proposed Roadmap for Adoption of International Financial Reporting Standards and the Convergence of Global Accounting Standards,” with Charles C.B. Raley (ABA 2010)
- “International Accounting Standard 37: Recent Developments,” with Robert Teply (ABA 2010)
- “Pending Legislation Could Bring Major Changes in Corporate Governance,” with Robert Teply (WMACCA 2009)
- “What Does Accounting Standards Codification Mean for Lawyers?” (ABA 2009)
- “Fair Value Accounting for Debt Securities” (ABA 2009)
- “The SEC’s Proposed Roadmap for Adoption of International Financial Reporting Standards,” with Charles C.B. Raley (ABA 2009)
- “The Mark-to-Market Accounting Controversy,” with Nia Monroe (The Review of Securities and Commodities Regulation 2009)
