Overview

Tom chairs the firm's Emerging Technologies Practice and heads our Privacy & Cybersecurity team. Tom has over 30 years of experience in a wide range of data protection, intellectual property, consumer protection, social media, 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; antitrust civil litigation; and social media marketing and advertising, promotional content, consumer testimonials, compliance with FTC standards, promotion of experimental therapies in light of advertising and privacy laws, social media service agreements and moderating employee activity on social media sites.

Experience
  • Manages enterprise-wide privacy initiatives for major global businesses.
  • Counsels Fortune 200, middle market and start-up companies on website design, mobile communications and e-commerce implementation strategies.
  • Represents businesses and enterprises in investigating, preventing, mitigating and remediating serious data breach incidents and in defending litigation and government enforcement actions.
  • Advised a leading common carrier on policies and procedures for responding to and moderating employee activity on social media sites.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 startups in fabricated metal products, food, media, print, construction, application services, 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.
  • Advised a leading global manufacturer or home décor products on social media services agreements and using social media outlets to promote products and services.
  • Represents a 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 a 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 a leading specialty retailer in business integration software contract dispute.
  • Represented a leading life sciences software developer in ongoing patent litigation and in strategic technology acquisitions.
  • Represents a 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 a leading financial services provider in service mark infringement litigation against thrift institution.
  • Advised a global pharmaceutical company in the use of and linking to social media outlets for the promotion of experimental therapies in light of FTC and FDA (and counterpart international) advertising, promotional and privacy laws.
  • Represented Pro Mold & Tool Co. in successful patent and unfair competition litigation in the sports memorabilia collectibles market.
  • Represents a leading photographic rights company in copyright infringement litigation.
  • Represented a major aftermarket racing wheel supplier in design patent and product configuration litigation.
  • Advised a leading global supplier of automotive products on the application of the FTC Testimonial Guidelines to social media marketing and advertising, including review of promotional content and consumer testimonials for compliance with the Guidelines and FTC advertising standards.
  • Represented a leading specialty retailer in trademark, copyright, design and utility patent and unfair competition matters.
  • Represents the largest national distributor of firearms in Computer Fraud and Abuse Act, trade secret and unfair competition litigation.
  • Represented Glidden in a trade secret trial that resulted in what was then the largest plaintiff's verdict rendered in the Northern District of Ohio.
  • Represents a global chemical products manufacturer in international trademark dispute.
  • Represented a leading food machinery supplier in patent and false advertising cases.
  • Represented a national restaurant chain in trademark litigation and USPTO/TTAB administrative proceedings.
  • Represents a leading consumer signage supplier in internet business method patent litigation.
  • Represented a leading consumer pet supply retailer in trademark and service mark enforcement.
Publications

Select listing of publications

Presentations
  • Presenter, “Preparing Your Business to Accept Payments in Bitcoin,” INSIDE BITCOINS the future of virtual currency conference, New York, April 2014
  • "Cyber Security and Data Protection Law," Washington, D.C., October 2013,  delivered to People's Republic of China Ministry of Information and Information Technology
  • "Once More Into the Breach: Preventing and Defending Data Breach Litigation," Chicago, Illinois, Defense Research Institute, October 2013
  • "Allocating Risk and Liability via Contract," New York, March 2013
  • The Limits of the FTC's Data Security Program: Where is the line, and where should it be?", American Bar Association, September 2012
Distinctions
  • AV® Preeminent Rated by Martindale-Hubbell
  • Ranked nationally as one of America's leading lawyers in Privacy and Data Security by Chambers Global, 2008, 2009 and 2011
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyers magazine in 2007 and 2015
  • Selected for inclusion in Chambers USA: America's Leading Lawyers for Business, Antitrust Litigation, Ohio, 2010
  • Listed in The Best Lawyers in America, 2011 to 2017; recognized in 2015 as Lawyer of the Year in the area of Antitrust Law
Professional and Civic

Professional Associations

  • American Bar Association, Section of Antitrust Law: Consumer Protection Officer; Member, International Task Force; Founding Chair, Privacy and Information Security Committee; Past Chair, Committee Operations Task Force; Member, Consumer Protection, Privacy and Information Security and Advertising Disputes and Litigation Committees
  • Ohio State Bar Association, member, Antitrust Section Council
  • Ohio State Bar Foundation, life fellow
  • Northeast Ohio Information Technology Security Roundtable, member
  • U.S. Secret Service Cleveland Field Office Information Technology Task Force, member
  • Chair, Cyber Litigation Committee, Defense Research Institute
  • American Bar Foundation, fellow
  • Pratt's Privacy & Cybersecurity Law Report, Board of Editors

Community Activities

  • Elder, Forest Hill Church, Presbyterian
  • Friends of Cleveland School of the Arts, President, Board of Trustees
  • Cleveland Film Society,  Past President
  • Cleveland Music School Settlement, Past Secretary
  • Cleveland Heights Board of Zoning Appeals, Member
  • Club 24,  Member, Board of Trustees
  • International Angel Investors Institute, Board of Advisors
NewsEvents