EDUCATION

University of Houston Law Center
J.D., summa cum laude, 1998

Rice University
B.A., Managerial Studies, 1995

ADMISSIONS

Texas

Colorado

Oklahoma

Supreme Court of the United States

U.S. Court of Appeals for the First, Second, Third, Fifth, Sixth, Eighth, Ninth, and Tenth Circuits

U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas

U.S. District Courts for the Eastern and Western Districts of Arkansas

U.S. District Court for the District of Colorado

U.S. District Courts for the Northern and Southern Districts of Illinois

U.S. District Courts for the Northern and Southern Districts of Indiana

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the District of New Mexico

U.S. District Court for the Northern District of Ohio

U.S. District Courts for the Eastern and Western Districts of Wisconsin


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Tom Hetherington is a trial partner in the firm’s Houston office.

His practice focuses on a wide range of matters, including commercial litigation; securities litigation; energy litigation; shareholder litigation; partnership disputes; corporate merger litigation; product liability litigation; financial services litigation; life, health and disability insurance litigation; stranger-owned life insurance (“STOLI”) litigation; ERISA litigation; business tort litigation; internal investigations; FINRA arbitrations; stop-loss insurance litigation; construction litigation; real estate litigation; and catastrophic personal injury litigation. Tom has extensive experience litigating class/mass actions and complex commercial disputes.

Tom’s litigation practice is national in scope. He is known as a “go-to” lawyer for some of the nation’s largest companies, and is regularly hired as lead trial counsel in complex matters throughout the United States. Tom has been hired to replace “Big Law” as lead trial counsel numerous times and in a wide variety of cases, including multimillion-dollar commercial litigation matters.

Tom has extensive experience in state and federal courts and before arbitration panels across the country, and has appeared as lead counsel in almost every state. Tom is licensed in Texas, Oklahoma, and Colorado, numerous federal district courts, the 2nd, 3rd, 5th, 6th, 8th, 9th, and 10th Circuit Courts of Appeals, and the Supreme Court of the United States.

Tom is an eight-time Texas Super Lawyers Rising Star, has been recognized by The Best Lawyers in America® for his work in commercial litigation, and was named one of the top attorneys in Houston by H-Texas Magazine. Before forming Edison, McDowell & Hetherington LLP in January 2009, Tom was a partner at Bracewell & Giuliani LLP.

Tom is actively involved in his community. He has served as President of the University of Houston Law Alumni Association and as President of the University of Houston Law Foundation, and remains a member of the Law Foundation Board. He is an enthusiastic supporter of Rice University where he was captain of the football team. He previously served on the Rice Owl Club Board of Directors and is a steadfast supporter of Rice Athletics.

Tom enjoys spending time with his three children, is an avid wine enthusiast, and enjoys traveling and attending college and professional sporting events.

EDUCATION

University of Houston Law Center
J.D., summa cum laude, 1998

Rice University
B.A., Managerial Studies, 1995

ADMISSIONS

Texas

Colorado

Oklahoma

Supreme Court of the United States

U.S. Court of Appeals for the First, Second, Third, Fifth, Sixth, Eighth, Ninth, and Tenth Circuits

U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas

U.S. District Courts for the Eastern and Western Districts of Arkansas

U.S. District Court for the District of Colorado

U.S. District Courts for the Northern and Southern Districts of Illinois

U.S. District Courts for the Northern and Southern Districts of Indiana

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the District of New Mexico

U.S. District Court for the Northern District of Ohio

U.S. District Courts for the Eastern and Western Districts of Wisconsin


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  • Represented a life insurance company and its subsidiaries and officers in multiple RICO and anti-trust actions brought in several federal courts. Plaintiffs sought hundreds of millions in damages for claims related to sales practices and policy administration. These cases involved hundreds of policies with cumulative death benefits of nearly $2 billion and premiums paid in excess of $250 million.
  • Represented affiliated life insurance companies in two class actions in the Southern District of New York involving complex actuarial disputes surrounding cost of insurance adjustments for a block of universal life insurance policies.
  • Represented a life insurance company in over two dozen national class actions and opt out cases in federal district and appellate courts arising out of the insurer’s 2015-2018 monthly deduction rate increases that affected approximately 78,000 policies. These cases were favorably resolved, with two approved class action settlements.
  • Represented Comcast Corporation and NBCUniversal Media, LLC in a lawsuit filed by the Houston Astros regarding current ownership’s purchase of the team and the Houston Regional Sports Network.
  • Represents a leading electronics and semiconductor company in multidistrict litigation comprised of over twenty putative class actions. Plaintiffs brought claims for RICO violations, fraud, unjust enrichment, and numerous state consumer protection act violations against five leading vehicle manufacturers and two component part suppliers relating to allegedly defective vehicle airbag units.
  • Obtained a critical victory for life insurers in a closely watched case before the Delaware Supreme Court. In answering three certified questions, the Court held that life insurers can contest policies for lack of insurable interest beyond the two-year contestability period and reaffirmed the illegality of STOLI under Delaware law. The opinion was examined in a Wall Street Journal and has served as a landmark decision in the area of insurable interest and STOLI.
  • Represented insurance carriers in connection with a wide variety of STOLI litigation matters around the country, including multi-million dollar litigation brought by hedge fund investors.
  • Obtained numerous nationally significant opinions for clients in STOLI cases, including from the Delaware Supreme Court, the First Circuit Court of Appeals, and the United States District Courts for the Southern District of California and the District of Utah, among others.
  • Represented numerous life, health and disability insurers in hundreds of complex insurance and financial services cases all over the country.
  • Represented AGL Life Assurance Company and certain senior officers in multi-million dollar state securities law class action in Boulder, Colorado arising out of the Bernard Madoff and Thomas Petters ponzi schemes. Hired as lead trial counsel to replace a large New York law firm and obtained favorable settlement for the Company and its officers.
  • Represented Kinder Morgan Inc. and its independent directors in class action shareholder lawsuits pending in state court in Kansas and in state and federal court in Texas relating to one of the largest going-private transactions in American history.
  • Represented The Phoenix Companies, Inc., its CEO, and CFO in federal class action securities fraud claims arising out of an announced restatement of financials. Obtained stipulated dismissal of all claims.
  • Represented W-H Energy Services, Inc., and its board of directors in connection with class action shareholder litigation filed to enjoin the acquisition of W-H by Smith International, Inc.
  • Represented Cornell Companies, Inc., and its board of directors in connection with shareholder class action litigation relating to a proposed buyout transaction.
  • Represented Enron Corporation’s General Counsel in various cases stemming from the collapse of Enron. Instrumental in obtaining one of the few dismissals in the Enron securities litigation for his client and represented his client in Enron-related proceedings in Texas and New York and in connection with the investigation by the Enron bankruptcy examiner.
  • Represented El Paso Corporation in shareholder class action litigation pertaining to Kinder Morgan, Inc.’s acquisition of El Paso.
  • Represented Rockies Express Pipeline LLC in contract dispute with transportation services customer relating to force majeure event on the Rockies Express Pipeline.
  • Represented Direct Energy, and obtained dismissal, of class action arising out of tax charges passed on to Direct Energy customers.
  • Represented Kinder Morgan, Inc. and Kinder Morgan Energy Partners, L.P. in contract and tort action litigation brought against one of the world’s largest crop nutrition development companies.
  • Represented Assurant Health and various of its affiliated companies in numerous first-party health insurance litigation matters in Texas.
  • Represents Elevance Health and various of its subsidiary companies in numerous first-party health and disability insurance litigation and arbitration matters in Texas and around the country.
  • Successfully tried an ongoing battle against stranger-originated life insurance in which the Court ruled in favor of EMH’s client and rescinded a $10 million life insurance policy based on fraudulent misrepresentations made in the policy application. The United States Court of Appeals for the Eighth Circuit affirmed the district court’s judgment.
  • Successfully tried and obtained a no liability verdict before a federal jury in Los Angeles, California in litigation brought by Fortress Investment Group involving millions of dollars in complex life insurance transactions.
  • Defended Kinder Morgan Treating LP in a suit involving a claim for contractual reformation of a finder’s fee agreement brought by Fox Private Equity, LLC. The suit was successfully resolved following a jury trial and prior to entry of final judgment.
  • Successfully tried to conclusion and obtained a no-liability verdict for Bechtel Corporation in a complex construction litigation case.
  • Arbitration styled In the Matter of the Arbitration Among Teco Pipeline Company, Individually and on behalf of TransTexas Pipeline Partnership vs. Valero Energy Corporation, et al. Arbitrated complex pipeline litigation for many months and obtained a favorable result for Valero.
  • Arbitration styled Claudio Herrera and Fernando Morales-O’Horan v. Service Corporation International, MFS Acquisition Corporation, and SCI Texas Funeral Services Inc. Arbitrated a contract dispute for the world’s largest funeral home company and obtained a favorable result.
  • Successfully tried to conclusion and obtained a no-liability verdict for PrimeSource Building Products in a complex commercial dispute.
  • Arbitration styled Donald Garland v. UniCare Life & Health Insurance Company. Successfully defended UniCare in a dispute brought by a former agent alleging wrongful termination of his agency contract. The arbitrator found that UniCare acted properly in terminating the agent contract, that the former agent take nothing, and that the former agent pay costs.
  • Successfully tried to conclusion and obtained no liability verdict for Metro.
  • Represented a global energy services and equipment company in a case brought by a subcontractor’s employee who was paralyzed while working on a 200-ton overhead crane. The case settled on favorable terms within days after MH filed a motion for summary judgment. In addition, by asserting an indemnity claim, MH convinced the subcontractor’s liability insurer to pay the full amount of the settlement.
  • Rice University – Distinguished Owl Club Award (2024)
  • University of Houston Law Alumni Association – Alumnus of the Year (2020)
  • University of Houston Law Alumni Association – Private Sector Achievement Award (2018)
  • Legal 500 – US Elite – Business Disputes (2025)
  • The Best Lawyers in America® – Commercial Litigation (2025-2026)
  • Texas Super Lawyers: Rising Star – Business Litigation (2004-2006, 2008-2012)
  • Named a Top Attorney in Houston by H-Texas Magazine (2010)
  • Texas Bar Foundation Fellow
  • STOLI: Hedging Insurable Interest (white paper presented at numerous conferences, with David McDowell and Jarrett Ganer).
  • Litigation: How the Latest Decisions are Shaping Up (Life Settlements Conference | Las Vegas, NV | 10/01/2013)
  • Panel discussion regarding recent developments in STOLI litigation and retained asset litigation. (Association of Life Insurance Counsel Annual Meeting | Ponte Vedra, FL | 05/20/2012)
  • Litigation: How Rulings in Court Cases Affect Investors (International Life Settlements Conference | London, England | 05/01/2012)
  • Stranger-Initiated Annuity Transactions and the Case for Insurable Interest (NY Business Law Journal, Vol. 16, No. 1 | 2012)
  • Stranger-Initiated Annuity Transactions and the Case for Insurable Interest (Connecticut Insurance Law Journal, Vol. 19, No. 1 | 2012)
  • “We Were Never Told That!”: Avoiding Litigation By Disclosure and Explanation of Annuity Taxation to Customers (presented at the International Claims Association Annual Education Conference | Las Vegas, NV | October 2011)
  • Litigation: Will Favorable Court Decisions Bring New Capital to the Market? (presented at the Life Settlements Conference | Las Vegas, NV | September 2011)
  • Stranger Originated Life Insurance: Why We Care (presented to The Actuaries’ Club of the Southwest | Corpus Christi, TX | June 2011)
  • Hot Topics in Life Claims (Western Claims Conference | June 2006)
  • Confusing Conflicts: National Medical Enters. Inc. v. Godbey and The Problem Of Disqualification When No Previous Attorney-Client Relationship Exists (34 Houston Law Review 909 | 1997)