Thomas E. Wallerstein

Representative Matters

Trade Secrets

• Representing a financial services company suing its former managing director in federal court for trade secret misappropriation under the Defend Trade Secrets Act (DTSA)
• Represented a defendant in federal court against claims for more than $200 million brought under the DTSA
• Obtained dismissal with prejudice of claims against an individual brought under the DTSA, resulting in one of the first published opinions on the ex parte seizure provision of that Act
• 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
• Litigated a trade secret, patent, and licensing dispute in Delaware Chancery Court
• Represented a computer hardware manufacturer in several high-stakes lawsuits alleging misappropriation of trade secrets and unfair competition; obtained complete dismissal of the lawsuit and settlement of all claims
• 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

Employment Litigation

• Obtained dismissal of wrongful termination and First Amendment claims against Philadelphia’s mayor and chief of staff related to the termination of a high-level official
• Represented a Bay Area technology company accused of wrongful termination, discrimination, and harassment
• Obtained summary judgment on behalf of a national retailer accused of discrimination, harassment, and failure to accommodate a disability
• Represented several companies and individuals accused of sexual harassment and discrimination
• In separate matters, represented various companies, including a computer hardware manufacturer, software startups, a national consumer goods retailer, and others, accused of wrongful termination, discrimination, and/or retaliation

Complex Commercial Litigation

• Represented a well-known website company in an arbitration involving claims of $40-$50 million
• Litigated a $40 million computer hardware and software contract claim in California Superior Court
• 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
• Obtained a favorable settlement on behalf of a computer software and hardware manufacturer in a $14 million contract dispute, regarding the development and production of advanced, customized software
• Represented a software manufacturer in copyright and related claims brought in federal court by one of the world’s largest social media companies
• Obtained favorable settlements and dismissals in representing the city of Philadelphia, its mayor, and chief of police in numerous cases arising from the arrest of protestors during the 2000 Republican National Convention
• Defended a pet products company against claims of trademark and patent infringement brought by competitors
• Won a bench trial concerning enforceability of a post-nuptial agreement in which the amount at stake exceeded $150 million
• Litigated a business defamation case in federal court in Pennsylvania
• Representing Luke's Organic in dual litigation matters pending in both California and Delaware

Partnership, Founder, and Executive Compensation Disputes

• Won an arbitration award in excess of $100 million in a partnership dispute involving one of the country’s largest cannabis companies
• Defeated an emergency injunction request and served as lead trial counsel in a LLC partnership dispute in Delaware Chancery Court
• Served as lead counsel in a five-week trial in California state court related to a partnership dispute
• Obtained a favorable settlement on behalf of an executive accused of back-dating stock options
• Represented an individual whose product design led to a $1 billion acquisition of his former startup
• Obtained a dismissal with prejudice of all claims brought by one of the co-founders of one of Silicon Valley’s most successful companies

Pharmaceuticals, Medical Devices, and Healthcare

• Obtained a settlement worth more than $200 million on the eve of trial on behalf of a pharmaceutical company related to a royalty dispute
• Obtained an injunction prohibiting the enforcement of an out-of-state non-compete agreement on behalf of the world’s largest manufacturer of surgical robots
• Defended mass-tort product liability claims brought against a manufacturer of "fen-phen"
• Defended mass-tort product liability claims brought against manufacturers of products containing phenylpropanolamine (PPA)
• Defended a manufacturer of spinal-cord stimulators and pacemakers against various product liability claims of negligence and strict liability
• Defended a manufacturer of various asbestos-containing products in product liability claims

Class Actions

• 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 complete dismissal of all claims against a national software company, sued in several national class actions alleging that the company’s policies of “sunsetting” online services violated sections of California’s Unfair Competition Law and the Consumer Legal Remedies Act, and constituted a breach of express and implied warranties
• Obtained dismissal of all claims on behalf of a motorcycle manufacturer sued in a national class action alleging design defect and breach of warranties
• Represented manufacturers in various mass torts and multidistrict products liability litigation involving "fen-phen," PPA, asbestos, spinal-cord stimulators, etc.

Education

• J.D. cum laude University of Pennsylvania Law School 1999
• • Keedy Cup Moot Court Finalist
  • Executive articles editor, Journal of Constitutional Law
• B.A. San Francisco State University 1996
• • Dean’s List, 1996

Bar Admissions

• California
• Pennsylvania (inactive)

Clerk Experience

• Honorable Peter G. Verniero New Jersey Supreme Court 1999 - 2000

Professional Memberships and Activities

• Member, Los Angeles Intellectual Property Law Association
• Member, International Association of Defense Counsel
• Co-author, Trade Secrets: Law and Practice, LexisNexis, 2019–2021

• Daily Journal, Top Trade Secrets Lawyers, 2021 - 2022
• Benchmark Litigation, Local Litigation Star, 2019 – 2021
• Super Lawyers, Northern California, 2014 – 2019