Thomas Wallerstein- Partner

Experience:

Tom is a 1999 cum laude graduate of the University of Pennsylvania Law School, where he served as the Executive Articles Editor of the Journal of Constitutional Law.  Tom was a finalist in the school’s moot court competition, resulting in an oral argument before U.S. Supreme Court Justice Samuel Alito (then on the Third Circuit Court of Appeals), Ninth Circuit Judge A. Wallace Tashima and New Jersey Supreme Court Chief Justice Deborah Poritz.  Based on his performance, Tom was invited to serve as the first judicial law clerk for Justice Peter G. Verniero of the New Jersey Supreme Court.

Prior to law school, Tom attended Butler University from 1986-1989 on a debate scholarship, and studied philosophy, political science, and Russian.  He also served on the school’s judicial council.  In 1996, he received his undergraduate degree in philosophy from San Francisco State University.

Following law school and his judicial clerkship, Tom began private practice as an associate in a prestigious Philadelphia firm where he gained extensive experience in a wide variety of high-profile matters, including representing two Philadelphia mayors and trying a federal jury trial.

In 2004, Tom joined the litigation powerhouse Quinn Emanuel Urquhart & Sullivan.  Tom quickly gained effusive praise for his courtroom skills, and he was generally the lead or sole associate on a variety of cases in which the amount at stake reached into the tens of millions of dollars.

After founding Colt Wallerstein LLP in 2009, Tom's practices continues to center on high-stakes business and intellectual property litigation.  Notable engagements include the following:

  • LeCroy Corp. v. SerialTek.  In a "bet-the-company" suit, Tom represented SerialTek LLC, one of the industry's largest manufacturers of SAS/SATA protocol analyzers and related software.  After aggressive discovery, motion practice, and the filing of an antitrust cross claim against JDSU and another major manufacturer of protocol analyzer technology, the firm obtained a complete dismissal of the suit and a settlement of all claims.

  • Intuitive Surgical, Inc. v. Ethicon Endo Surgery, Inc.  Tom represented Intuitive Surgical, Inc., the world's largest manufacturer of surgical robots, in a nationwide trade secret and employee non-compete suit against Ethicon Endo Surgery, a subsidiary of Johnson & Johnson. The firm obtained an injunction against Ethicon prohibiting the company from enforcing a non-compete agreement that more than 100,000 employees had signed. 

Tom lives in San Francisco with his wife, two children and his dog Pug.

Education:

University of Pennsylvania Law School (J.D., cum laude, 1999)
    Keedy Cup Moot Court Finalist
    1999 Journal of Constitutional Law:
        Executive Articles Editor, 1998-1999
        Associate Editor, 1997-1998  

San Francisco State University (B.A., Philosophy 1996)
    Dean’s List

Butler University (1987-1989)
    Debate Scholarship
    Dean’s List
    Most Promising Political Science Major
    Most Promising Pre-Law Major

Prior Associations:

Quinn Emanuel Urquhart Oliver & Hedges, LLP, Associate, 2004 - 2009
Hangley Aronchick Segal & Pudlin, Associate, 2000-2004
Law Clerk to the Hon. Peter G. Verniero, New Jersey Supreme Court, 1999-2000

Presentations:              

California State Court Procedure, MCLE

 

 

Thomas E. Wallerstein

Partner
twallerstein@coltwallerstein.com
Ph:  650-453-1982
Fax:  650-453-2411

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WHAT OUR CLIENTS AND COLLEAGUES ARE SAYING:

"Our company faced one of its darkest hours when we were sued by the industry's two largest competitors.  Up against two of the country's largest law firms, Colt / Wallerstein skillfully, aggressively, and economically steered us through two simultaneous "bet the company" trade-secret lawsuits where our very existence was at stake.  The firm was retained only days before a critical hearing on a motion for preliminary injunction, and we were continually impressed with the firm's thoughtful and creative strategies.  Colt / Wallerstein wrote great briefs, argued persuasively in court, represented our company in two mediations, successfully and economically handled millions of electronic documents, and worked skillfully with expert witnesses.  The firm also worked with us to develop a workable fee structure, and they remained on or under budget throughout the litigation.  Colt / Wallerstein provided our company with the legal tools we required to thrive in an aggressive and competitive marketplace, and ultimately obtained complete settlements and dismissals of both actions."

Dale Smith
Chief Executive Officer, SerialTek, LLC 


 "Tom Wallerstein argued a very complex opposition to a motion to remand [brought by] Wilson Sonsini.  Tom did nothing short of a magnificent – in my view stunning – job of advocacy.  Not only could I not have done a better job, but in many respects I think Tom did a far better job than I could have done.  He was direct, focused, fluid and 150% knowledgeable about the facts and the law.  A remarkably impressive job.”

Claude Stern

Managing Partner- Quinn Emanuel Urquhart & Sullivan LLP- Silicon Valley


"Tom Wallerstein is an expert on California’s unfair competition law (Bus. & Prof. Code s. 17200 et seq.).  A number of my partners and I regularly represent defendants in consumer class actions in California courts, and we rely on Tom’s insight on developments in the law and on his timely updates whenever new decisions are announced."

Dominic Suprenant

Partner- Quinn Emanuel Urquhart & Sullivan LLP

 

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