Thomas M. Madden
Assistant Professor of Business Law
Prof. Madden has been teaching since 2008. Prior to coming to Marist in the fall of 2017, he was an adjunct professor at Northeastern University and Providence College. A member of the New York, Massachusetts, and Rhode Island Bars, he has practiced law with the world’s third largest law firm, as well as his own boutique. An arbitrator for FINRA, Madden has published and is interested in further work in ethics and financial regulation, alternative dispute resolution, and law and strategy. Among many involvements, Madden is an active member of the Academy of Legal Studies in Business and the New York State Bar’s Mediation Committee.
BA, Trinity College (with interdisciplinary honors)
MA, New York University
JD, Northwestern University School of Law
Research Interests / Areas of Focus
Ethics and financial regulation, Law and strategy, Alternative dispute resolution
Section 10(b) and the Fiduciary Conundrum, 18 HASTINGS BUS. L. J. ___ (2021), forthcoming.
Mandatory Pre-Dispute Arbitration: An Alternative Approach, 2019 MICH. ST. L. REV. 1033 (2019).
Law and Strategy and Ethics?, 32 Geo. J. Legal Ethics 181 (2019).
Significance and the Materiality Tautology, 10 J. Bus. & Tech. Law 217 (2015).
Apologizing at Community Hospital – Giving Voice to Values – Babson (2013).
Do Fiduciary Duties of Managers and Members of Limited Liability Companies Exist as with Shareholders of Closely Held Corporations? 12 Duq. Bus. L.J. 211(Summer 2010).
O’Hagan, 10b5-2, Relationships and Duties, 4 Hastings Bus. L. J. 55 (Winter 2008).
Identity Confusion and the Close Corporation: Do Corporate Formalities Matter? 54 RI Bar Jrnl. 5 (November/December 2005).
Fair Value and the Closely Held Corporation, 51 RI Bar Jrnl. 25(September/October 2002).
International Trade Law Streaming Media Module for the Rhode Island Export Assistance Center (2002).
Oppression of Minority Shareholder Rights in Closely Held Corporations, 50 RI Bar Jrnl. 19 (March/April 2002).
Causation in Private Civil Actions by Minority Shareholders Under Proxy Provisions of Section 14(a) of the Securities Exchange Act of 1934 (15 U.S.C.A. Section 78 N(A)) and Securities Exchange Act Rules Thereunder -- Post Virginia Bankshares, 137 A.L.R. Fed. 293 (1997).
Exempt Securities -- Federal Regulation of Securities Annotated, Ch. 3, Lawyers Cooperative (1996).
Building the Alternative at New York State Bar Association Dispute Resolution Section Mediation Committee, December 2020.
Section 10(b) and the Fiduciary Conundrum at ABLJ/ALSB Invited Scholars Colloquium 2020; Academy of Legal Studies in Business Annual Conference, online 2020.
Online Academic Integrity panelist at Academy of Legal Studies in Business Annual Conference, online 2020.
An Alternative Approach to Mandatory Pre-dispute Arbitration at Marist College School of Management Research Seminar Series (RSS), Poughkeepsie, NY, November 2019.
An Alternative Approach to Mandatory Pre-dispute Arbitration at Academy of Legal Studies in Business Annual Conference, Montreal, Canada, August 2019.
Rule 10b5-2 Redux at NARBLA, Boston University Questrom School of Business, April 2019.
Law and Strategy and Ethics?, at ALSB annual conference, Portland, OR, August 2018.
Enforcing Pre-dispute Arbitration Clauses/Contracts, at NEALSB, Lakeville, CT, May 2018.
Contracts, ADR, and Justice, at NARBLA annual conference, Babson College, April 2017.
Law and Strategy and Ethics, at NARBLA annual conference, Bentley University, April 2016.
Shareholder Agreements, at the Rhode Island Bar Association Annual Meeting, June 2015.
Market Basket and the Unique Challenges of Family Businesses for the Turnaround Management Association, Northeast Chapter at The University Club of Providence, February, 2015.
Ethics and Financial Regulation, work in progress, at NEALSB annual conference, Lenox, Massachusetts, April 2014.
Significance and the Materiality Tautology, at NARBLA annual conference, UMASS Lowell, April 2014.
The Anatomy of the Meltdown of the Closely Held Corporation at the Rhode Island Bar Association Annual Meeting, June 2014.
Employment Law Update in Rhode Island for Sterling Education at the Providence Hilton, February 2009.
Awards and Honors
2020 American Business Law Journal/Academy of Legal Studies in Business Invited Scholar Colloquium Invitee
Huber Hurst Scholar 2019 - Academy of Legal Studies in Business