Thomas F. Zych

Practices

• Antitrust, Competition & Distribution
• Emerging Technologies
• Intellectual Property

Professional Experience

Tom chairs the firm's Emerging Technologies Practice and heads up our Privacy & Information Security team. Tom has almost 30 years of experience in a wide range of intellectual property, consumer protection, competition and antitrust matters. Tom represents a full range of business enterprises in their privacy and data security operations. His technology practice focuses on providing strategic counseling to both mature and early stage technology ventures, including click and mortar enterprises, biotechnology and bioinformatics ventures, and established businesses adopting electronic and technologically advanced means of competition. He also has considerable experience in trade secret litigation and counseling; patent, trademark and copyright litigation; intellectual property transactions including joint ventures, development agreements and licensing transactions; corporate internal investigations; merger and acquisition counseling; antitrust criminal investigations; and antitrust civil litigation.

Education

• Duke University School of Law, J.D., 1983, Order of the Coif; Duke Law Journal Editorial Board
• Miami University, B.A., 1979, Phi Beta Kappa

• Manages enterprise-wide privacy initiatives for major global businesses
• Counsels Fortune 200, middle market and start-up companies on website design and e-commerce implementation strategies
• Represents early stage biotechnology ventures in licensing and exploiting pioneering life sciences therapies and devices
• Represents Fortune 100 companies in domestic and international information technology insourcing and outsourcing projects
• Represents a leading international industrial products manufacturer in litigation against software vendor
• Represent major photojournalism content providers in domestic and international copyright litigation
• Represents numerous publicly and privately held business entities in software acquisition and licensing
• Represents B2B and B2C dot-com start-ups in fabricated metal products, food, media, print, construction, application services provider, medical devices, motion picture, computer hardware and other markets
• Intellectual property litigation experience involving banking and investment services, automotive aftermarket, industrial valves, software, fabrics, aircraft electronics, home decor, collectibles, lawn and tree care services, broadcast music, packaging, sports entertainment services, steel mill equipment, legal services, automotive components, craft and notions, surgical instruments, medical apparatus, oil and fuel additives, paints and coatings, power tools, lawn furniture, lighting fixtures and other products and services
• Represents publicly held specialty retail chain in supply chain integration strategies and software acquisition
• Civil and criminal antitrust litigation in the commercial explosives, construction, motion picture distribution, carbon black, metals, used machinery auction, concrete pipe, engineered materials, food additive, packaging, grocery store, telephone, chlorine distribution, automotive aftermarket component and other markets
• Successfully represented building construction products manufacturer in software license dispute.
• Represents strategic partners in the formation, development and marketing of industry-wide vertical supply chain management and content sites
• Represented leading specialty retailer in business integration software contract dispute
• Represented leading life sciences software developer in ongoing patent litigation and in strategic technology acquisitions
• Represents publicly-held national retailer in internet branding and domain name strategies and disputes
• Represents major financial institutions in internet branding strategies and strategic alliances
• Represented leading financial services provider in service mark infringement litigation against thrift institution
• Represented Pro Mold & Tool Co. in successful patent and unfair competition litigation in the sports memorabilia collectables market
• Represents leading photographic rights company in copyright infringement litigation
• Represented major aftermarket racing wheel supplier in design patent and product configuration litigation
• Represented leading specialty retailer in trademark, copyright, design and utility patent and unfair competition matters
• Represents largest national distributor of firearms in Computer Fraud and Abuse Act, trade secret and unfair competition litigation
• Represented The Glidden Company in a trade secret trial that resulted in what was then the largest plaintiff's verdict rendered in the Northern District of Ohio
• Represents global chemical products manufacturer in international trademark dispute
• Represented leading food processing machinery supplier in patent and false advertising cases
• Represented national restaurant chain in trademark litigation and USPTO/TTAB administrative proceedings
• Represents leading consumer signage supplier in internet business method patent litigation
• Represented leading consumer pet supply retailer in trademark and service mark enforcement

• Co-Author, "The Coming Wave of Greenwashing Class Action Lawsuits" · The Voice, Defense Research Institute, May 12, 2010
• Author, "Privacy in M&A Deals: 2 Worlds Collide" · Law 360, May 7, 2010
• Co-Editor, Data Security Handbook, 2008
• Editor, The Secure Times Privacy and Information Security Newsletter, 2005-2008
• Co-Author, "Cross-Border Fraud Enforcement: Who's in the Crosshairs?" · Antitrust Magazine, 2004
• Lead Author, "Effectively Managing the Discovery of Electronic Records" · National Electronic Commerce Coordinating Council, 2004
• Co-Editor, "Consumer Protection Update" · ABA Antitrust Section, 2004-2005
• Contributor, Doing Business in and With the United States, 2000
• Contributor, "Antitrust Law Developments" · American Bar Association Annual Review, 1995
• Contributor, Antitrust Evidence Manual, 1990
• Author, "Software Buys Need Careful Plan, Vigilant Review" · Crain's Cleveland Business, 1999
• Co-Author, "Protecting Your Intellectual Property Under Ohio Law", 1989
• Co-Author, "Drafting International Technology License Agreements" · Negotiating and Structuring International Commercial Transactions, American Bar Association, 1989

• Allocating Risk and Liability via Contract, New York, NY, March 2013
• The Limits of the FTC's Data Security Program: Where is the line, and where should it be?, American Bar Association, September 11, 2012

• Ranked nationally as one of America's leading lawyers in Privacy and Data Security by Chambers Global (2008, 2009, 2011)
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine in 2007 and 2013
• Selected for inclusion in Chambers USA: America's Leading Lawyers for Business, Antitrust Litigation, Ohio, 2010
• Listed in The Best Lawyers in America, 2013