Thomas Wallerstein is a well-known Bay Area commercial litigator whose practice focuses on high-stakes litigation, including trade secrets, non-competes, and other employment litigation; intellectual property disputes; partnership, founder and stock / equity disputes; and other complex commercial litigation.
Tom routinely appears in court and has first-chair trial experience in state and federal courts in California, Delaware, and elsewhere. Tom began his career in Philadelphia working on a wide variety of high-profile litigation matters, including representing two Philadelphia mayors and trying a federal jury trial.
He later joined a global litigation firm, where he gained effusive praise for his courtroom skills, and served as the lead attorney on a variety of cases where the amount at stake reached into the tens of millions of dollars.
Before joining Venable to help launch its San Francisco office, Tom also was the founding and managing partner of a Silicon Valley litigation boutique firm.
- Litigated a trade secret, patent, and licensing dispute in Delaware Chancery Court
- Obtained dismissal with prejudice in federal court of trade secret misappropriation and related claims in excess of $50 million, on behalf of an Italian software company
- Represented a defendant in federal court against claims for more than $200 million brought under the Defend Trade Secrets Act (DTSA)
- Obtained dismissal with prejudice of claims against an individual brought against the DTSA, resulting in one of the first published opinions on the ex parte seizure provision of that Act
- Represented a pet products company and its CEO in trade secret litigation; obtained complete dismissal of the lawsuit and a favorable confidential settlement of all claims
- Represented the world’s largest manufacturer of surgical robots and obtained an injunction prohibiting the enforcement of an out-of-state non-compete agreement; defended against claims of trade secret misappropriation, with a favorable outcome
- Represented an industry association in an antitrust matter in federal court
- Represented the principals of a pharmaceutical company defending against claims of breach of fiduciary duty in which the amount at stake reached into the hundreds of millions of dollars
- Represented a software manufacturer in copyright and related claims brought in federal court by one of the world’s largest social media companies
- Defended a pet products company against claims of trademark and patent infringement brought by competitors
- Representing several companies in disparate industries that are defending against intellectual property claims brought by former co-founders and partners
- Obtained dismissal of all claims on behalf of an automobile manufacturer sued in a national class action alleging breach of express and implied warranties related to allegedly defective windshields
- Obtained dismissal of all claims on behalf of a motorcycle manufacturer sued in a national class action alleging design defect and breach of warranties
- J.D. cum laude University of Pennsylvania Law School 1999
- B.A. San Francisco State University 1996
- Butler University 1989
Bar Admissions : California
Clerk Experience : Honorable Peter G. Verniero New Jersey Supreme Court 1999 2000
Professional Memberships :
- Co-editor, Venable’s Trade Secrets and Transitions blog
- Co-author, Trade Secrets: Law and Practice, LexisNexis, 2019
Rate : $$$