Profile
Tom McMahon is dedicated to making the world safe for competition, one client and case at a time. His practice is focused on the areas of antitrust litigation and counseling; health care, class actions, and other types of complex commercial litigation; and consultation and expert testimony with respect to attorneys' fees. He has won multimillion-dollar lawsuits for plaintiffs and defendants at the trial and highest appellate levels of the federal and state judicial and administrative systems in Colorado and elsewhere around the country. Tom has successfully handled virtually all types of competition-related issues under federal and state antitrust laws, including before the U.S. Supreme Court. He has extensive experience in health care and other complex litigation as well.
About Thomas McMahon
Admitted: 1976, Colorado
Professional Webpage: www.joneskeller.com/attorney/37/Thomas-P.-McMahon
Scholarly Lectures and Writings:
- Presentations: World Research Group, Overcoming the Impact of Payer Consolidation for Managed Care Contracting Conference, “Antitrust Implications” (2007); Colorado Bar Assocaition, 7th Annual Business Law Institute, “Supreme Court Antitrust Update – Illinois Tool and E-Bay: What Plaintiffs Now Have to Prove” (2006); Colorado Bar Association, Health Law Section, “Getting the Attention of Physician IPAs: What They Can, and – More Importantly – Can’t, Do under the DOJ/FTC Statements of Antitrust Enforcement Policy in Health Care” (2006); Lorman Education Services, Health Insurance Basics, “FTC Actions Involving Health Care Providers and Negotiating Health Insurance Contracts” (2003).
- Publications: "Physician-Controlled Network Joint Ventures: Antitrust Considerations," 24 The Colorado Lawyer 1551 (1995). "The 1992 Colorado Antitrust Act: Per Se Bidrigging and Key Issues," 22 The Colorado Lawyer 2229 (1993). "Antitrust in the 1990s Part II: Who Needs An Antitrust Compliance Program Anyway," Pendleton & Sabian, P.C., Legal Briefs (Apr. 1990). "Antitrust in the 1990s - Back to the Future or Forward to the Past," Pendleton & Sabian, P.C., Legal Briefs (Jan. 1990). Point/Counterpoint, "New Antitrust Protection: Pro -- Measures Protect Retail Competition," The Denver Post, March 22, 1988, at 2D. "Colorado Antitrust Law Seven Years Later," 13 The Colorado Lawyer 1808 (1984). "Antitrust and Due Process: State Regulation of Occupation Licensing," in Swords and Shields: An Antitrust Handbook for Municipal and Cooperative Utilities (1984). "Colorado Antitrust Law Seven Years Later: Back on Course and Two-Thirds of the Way to the Big-Time," National Association of Attorneys General ("NAAG") Antitrust & Commerce Report (June 1984). "Recent Significant Developments in `State Action' and Noerr-Pennington Exemptions: From Boulder to the `Sham' Exception," 14 U. Tol. L. Rev. 531 (1983). "City of Boulder Revisited," NAAG Antitrust Report (October 1982). "An Antitrust Enforcement Reply to the So-Called `Need' for Contribution Legislation," NAAG Antitrust Report (April 1982). "Recent Federal Litigation Relating to Customer-Bank Communication Terminals (`CBCTs') and The McFadden Act," 32 The Business Lawyer 1657 (1977). "Off-Premises Customer-Bank Communication Terminals: New Growth on the Old `Branch' Doctrine," 6 The Colorado Lawyer 25 (1977).
Verdicts and Settlements:
- Cole v. St. James Healthcare Sys., $4,000,000; Clinch v. Heartland Reg’l Med. Ctr., $1,000,000; Morris v. Colo. Spgs. Mem’l Hosp., $5,000,000; BEAL Corp. v. Valleylab Inc., $4,500,000; Abrams v. S.E. Mun. Bonds, Inc., $7,300,000; Johnson v. Arkansas Valley Reg'l Med. Ctr., $250,000; Colorado v. Peter Kiewit Sons Co., $1,575,000.
Representative Clients:
- American Furniture Warehouse; American Pre-Employment Screening Services, d/b/a Court Records Clearinghouse; Aspen Healthcare Metrics; Aspen Orthopaedics & Sports Medicine; Aspen Sports, d/b/a Base Mountain Sports; Associated Bodyworkers & Massage Professionals; Auraria Student Housing at the Regency; BEAL Corp., f/k/a Beacon Laboratories; Benson Pump; Business Information Services; Boulder Bump Shop; Brunton Co.; Central Reservations Association of Destination Resorts; Central Reservations Association of Mountain Resorts; City and County of Denver; Clalite; Colorado Access; Colorado Anesthesia Consultants; Colorado Dental Association; Colorado Ophthalmological Society; Colorado-Wyoming Petroleum Marketers Association; Colour Editions, d/b/a King Kolor; Dain Bosworth; Denver Board of Realtors; EnviroTech Services; Exempla Healthcare; First American State Bank; Ft. Collins Radiologic Associates; Hillside Software; Image Data; Jetstream Systems; Kroll Factual Data; Mesa County Physicians IPA; Namaste Comfort Care; Natural Balance, d/b/a PEP Products; Paladin Associates; Pikes Peak Cardiology; Primera Healthcare; Rhodia S.A.; Rhone-Poulenc; Rockwell International; Rocky Mountain Paint & Body; Silva Production; Sky Rim Development; Spa Universaire; Snowmass Resort Association; Sunshine Master Builders; Tri-State Generation & Transmission Association; United Title of New Mexico; and Vacation Tan & Travel.
Other Outstanding Achievements:
- Successfully argued on behalf of 13 amici states in Cmty. Commc’ns Co. v. City of Boulder, 455 U.S. 40 (1982); recently won decision in Crow v. Penrose-St. Francis Healthcare Sys., 2010 WL 3169839 (Colo. App. 2010), upholding physician’s right to sue hospital over faulty peer review process once administrative proceeding completed, then defeated hospital's attempt to obtain state supreme court review, thereby preserving the victory.
Newsletters:
- In June 2008 the U.S. Supreme Court granted certiorari in an antitrust case in the telecommunications industry to address the viability of a "price-squeeze" theory in the context of Sherman Act Section 2 allegations of attempt to monopolize and monopolization.
Educational Background:
- J.D., Cum Laude, University of MIchigan Law School; Order of the Coif; Note and Comment Editor, Mich. L. Rev. vol. 69
- B.A., With High Honor, Michigan State University; Member, Honors College