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Morgan Lewis

Thomas M. Peterson

Partner

thomas.peterson@morganlewis.com

San Francisco Phone +1.415.442.1344 Fax +1.415.442.1001

One Market, Spear Street Tower, 28th Floor//San Francisco, CA 94105-1596//United States

Thomas M. Peterson represents clients in complex civil litigation appeals, and in trial court litigation in anticipation of possible appeals. He has argued more than 75 appeals before state and US federal appellate courts. Tom practices regularly before the California Supreme Court and each of the California Courts of Appeal. He has argued cases before most of the federal circuit courts of appeal, including the US Court of Appeals for the Federal Circuit. He has prepared and consulted on the content of numerous appellate briefs.

Tom mounts high-stakes appeals of adverse trial court decisions and defends favorable trial court decisions on appeal. Tom has assisted clients in diverse business fields, including high-tech, healthcare, retail, construction, pharmaceutical, and financial services.

Tom has served as a teaching practitioner–adviser in the appellate advocacy course at the University of California, Berkeley School of Law. He is also a member of the American Law Institute.

selected representations

Antitrust

  • Represented a large pharmaceutical company before the Ninth Circuit Court of Appeals to obtain affirmance of the dismissal of an antitrust lawsuit under Section 7 of the Clayton Act challenging a significant merger.
  • Represented another large pharmaceutical company on appeal in the California Court of Appeal exploring the scope of the California Cartwright Act as applied to acquisition transactions.

Labor & Employment Class Action

  • Represented an international retailer to obtain affirmance in the Ninth Circuit of a ruling against employees of the retailer's supplier factories who claimed poor working conditions and sought to fasten responsibility on the retailer.
  • Represented a securities industry trade association before the California Supreme Court in one of the industry's most significant wage and hour matters.
  • Represented large pharmaceutical companies in the Ninth Circuit on the issue of whether sales reps are exempt employees under the Fair Labor Standards Act and similar provisions of state law.
  • Represented numerous clients in the California appellate courts in connection with wage and hour, discrimination, and other employment-related claims.

ERISA Class Action

  • Represented a Fortune 500 company in the Ninth Circuit in an ERISA class action involving allegations that the company and its 401(k) administrative committee breached ERISA fiduciary duties.

Insurance

  • Represented several different policyholders in multiple California cases, seeking on appeal coverage for liability resulting from asbestos exposure.
  • Represented, as national appellate counsel, three companies charged with mass torts and appearing as a result in numerous cases across the country.
  • Represented multiple companies in petroleum and manufacturing industries seeking coverage for environmental, antitrust, and mass tort claims in separate California cases.

Patent

  • Represented the successful plaintiff on three separate appeals of nine-figure judgment in patent infringement cases before the Federal Circuit.

Commercial

  • Represented a large pharmaceutical company on appeal before the California Court of Appeal in its defense of one of the largest jury verdicts returned in California on business torts growing out of interference with the client's development of a new product. Secured affirmance and denial of California Supreme Court review.

First Amendment

  • Represented healthcare companies in separate cases challenging the constitutionality of a California pharmacy pricing disclosure law.

Financial Services

  • Secured new trial for a major national bank serving as an indenture trustee in a case involving three separate trusts that defaulted, resulting in a class action suit by noteholders. The appellate court affirmed the jury verdict in favor of the bank/trustee for the first two trusts, affirmed a new trial order in favor of the trustee as to a third, and reversed cost awards to plaintiffs.

Awards and Affiliations

Recommended, Dispute resolution: Appellate: courts of appeals/Appellate: supreme courts (states and federal), The Legal 500 US (2019–2022)

Recognized, Commercial Litigation, San Francisco, The Best Lawyers in America (2017–2023)

Recommended, Supreme Court and Appellate, The US Legal 500 US (2014)

Member, American Law Institute

Georgetown University Law Center, 1980, Francis E. Lucey, S.J. Award (highest grade point average)

Editor, Georgetown Law Journal (1979–1980)

Admissions

  • California
  • US Courts of Appeals for the First, Second, Third, Fifth, Sixth, Seventh, and Eighth Circuits
  • US Courts of Appeals for the Ninth, Tenth, Eleventh, and Federal Circuits

Clerkships

  • Clerkship to Judge Cecil Poole of the US Court of Appeals for the Ninth Circuit (1980 - 1981)

Education

  • Georgetown University Law Center, 1980, J.D.
  • University of San Francisco, 1977, B.S.

Sectors

  • Retail & Ecommerce

Services

  • Appellate

Regions

  • North America

Events

5/2/2018 - 2018 Doing Business in the Golden State – Business Litigation in the California Supreme Court
1/15/2015 - California MCLE Cram Session - San Francisco
1/15/2015 - California MCLE Cram Session - Silicon Valley

News

3/19/2020 - Litigators of the Week: With $268M Award, A Loud and Clear Win for Morgan Lewis Pair, The AmLaw Litigation Daily
January 2020 - A Winning Design, The American Lawyer
11/9/2018 - Morgan Lewis Secures $268 Million Award in Hearing Implant Patent Infringement Victory
1/19/2017 - 9th Circ. Won't Revive HP Investors' Suit Over CEO Ethics, Law360
1/19/2017 - Court Rejects Shareholder Suit Over HP Scandal, San Francisco Chronicle
3/13/2014 - Half Billion Dollar Judgment for Morgan Lewis Client Asahi Kasei Pharma Withstands State Supreme Court Appeal
12/20/2013 - $407 Million Final Judgment Affirmed in Morgan Lewis Victory for Asahi Kasei Pharma
9/24/2012 - ActiveVideo Reaches Settlement with Verizon
8/28/2012 - Morgan Lewis Succeeds for ActiveVideo in Federal Circuit Ruling
8/24/2012 - $140M Verizon Penalty Withstands Fed. Circ. Appeal, Law360
4/5/2010 - Appellate Hot List, The National Law Journal