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.
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.
Accolades and Recognitions
The Legal 500, Antitrust - Merger Control (2021)
The Legal 500, Antitrust - Civil Litigation/Class Actions: Defense (2021)
The Legal 500, Leading Lawyer for Media, Technology, and Telecoms - Fintech (2021)
University of Chicago Law School, J.D., 1995
Columbia University, A.B., 1992
Thomas Brown and Michael Wise,U.S. Merger Control in the High-Technology Sector, The Merger Control Review 8th (Sep. 2017)
Author, PAEs and Antitrust-A Brief Introduction, 79 Antitrust L. J. 395 (2014);
Co-Author with Sam Zun, Cascades Computer Innovation, LLC v. RPX Corporation-Can't We At Least Agree that There's No Per Se Claim Here? Antitrust Magazine 36 (Summer 2013);
Author, Keeping Electronic Money Valuable: The Future of Payments and the Role of Public Authorities (2009);
Co-Author, with Professor Richard Epstein, "Cybersecurity in the Payment Card Industry," 75 U. Chi. L. Rev. 203 (2008).
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) and Antitrust Law Journal (Vol. 79-80)
Member, American Bar Association, The American Law Institute
Member, Working Group for the World Economic Forum Project on Disruptive Innovation in Financial Services
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.