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Thomas P. Brown Partner, Litigation Department
San Francisco T 1(415) 856-7248 F 1(415) 856-7348

Thomas Brown is a partner in the Antitrust and Competition and the Global Banking and Payment Systems practices. He is based in the firm’s San Francisco office.

Mr. Brown’s practice focuses on competition law and legal issues affecting the financial services industry. In addition to strategically advising payment systems and financial services clients across a broad spectrum of regulatory issues, he has litigated notable antitrust cases, including class actions, in the financial services industry for more than fifteen years.

Immediately prior to private practice, Mr. Brown was Vice President, Senior Counsel at Visa U.S.A. Inc. There he was responsible for managing the aftermath of the settlement in In re Visa Check/MasterMoney Antitrust Litigation, including the dozens of consumer class actions that were filed following the settlement. He was also deeply involved in the company’s transformation from a co-op to a shareholder owned company.


Recent Representations

  • eBay, in its defeat of a putative class action in which plaintiffs claimed that eBay’s acquisition of PayPal enabled the company to charge supracompetitive fees.
  • In re eBay Derivative Litigation, argued and won a motion to dismiss a claim alleging that the eBay's board of directors breached its fiduciary duties by re-appointing a director to the board who simultaneously served on the board of the New York Times. The District Court for the District of Delaware held that plaintiffs had failed to allege facts sufficient to excuse a demand on the board prior to filing their claim. The published decision granting eBay's motion can be found at In re eBay Derivative Litigation, 2011 WL 3880924 (CD. Del. 2011).
  • Visa U.S.A. Inc., member of the trial team that handled the defense of the then largest civil antitrust class action in U.S. history, In re Visa Check/MasterMoney Antitrust Litigation.


Speaking Engagements and Publications

  • Author, Keeping Electronic Money Valuable: The Future of Payments and the Role of Public Authorities (2009);
  • Author, “linkLine v. SBC: Back to the Future?” GCP, The Online Magazine For Global Competition Review (January 2008);
  • Co-Author, with Lacey Plache, “Credit Where Credit Is Due,” Lombard Street, Vol. 1, No. 6 (June 21, 2009);
  • Co-Author, with Professor Richard Epstein, “Cybersecurity in the Payment Card Industry,” 75 U. Chi. L. Rev. 203 (2008).


Professional and Community Involvement

  • Law Clerk, Honorable Diane P. Wood, U.S. Court of Appeals, Seventh Circuit
  • Admitted to Practice, U.S. Court of Appeals, Seventh and Ninth Circuits; U.S. Supreme Court
  • Professor, Adjunct Professor at Boalt Hall School of Law, University of California at Berkeley, in the Law and Policy of Modern Consumer Payments
  • Editorial Board, ABA’s Antitrust Law Developments (Seventh)
  • Member, American Bar Association, The American Law Institute


Education

  • University of Chicago Law School, J.D., 1995
  • Columbia University, A.B., 1992