Thomas A. Counts
Partner, Litigation Department
San FranciscoPhone: 1(415) 856-7077
Tom Counts is a partner in the IP and Complex Litigation practice groups. He is based in the firm’s San Francisco office.
Mr. Counts’ practice focuses on complex business and technology litigation and trial practice, with an emphasis on intellectual property disputes, privacy and data security law, trade secret litigation, trademark, false advertising and unfair competition litigation, licensing litigation, competitive business torts, and litigation stemming from failed joint venture agreements. He has substantial experience obtaining and opposing demands for prejudgment remedies, including writs of attachment, temporary restraining orders, and preliminary injunctions. Mr. Counts has conducted numerous arbitrations and mediations, and has successfully briefed and argued appeals before both the Ninth Circuit Court of Appeals and the California Court of Appeal.
- University of California, Berkeley (Boalt Hall), JD, 1990
- Stanford University, MA, 1984
- Stanford University, AB, 1983
- Align Technology, Inc. – Represent maker of Invisalign invisible braces in multiple litigation matters, including three International Trade Commission matters involving patent infringement and trade secret misappropriation by foreign competitor.
- WideOpenWest – Represent Illinois Internet Service Provider in privacy class action litigation alleging ECPA and related-claims stemming from behavioral advertising program.
- Leading Electronic Device Manufacturer – Represent Company in multiple class action matters involving allegations of hardware product defects and warranty claims, false advertising, and privacy claims involving collection of personal information during e-commerce transactions.
- Hitachi GST – Represent Hitachi in litigation involving failed joint venture involving development of 100+ acre South San Jose property.
- 2022 IAM Patent 1000 Ranks More Than 20 Paul Hastings’ Intellectual Property Lawyers Across Seven Jurisdictions - July 6th, 2022
- Paul Hastings’ Intellectual Property Practice Continues Year of Remarkable Rankings with New IAM 1000 Accolades and Additional IP Stars Recognitions - July 2nd, 2021
- Paul Hastings’ IP Litigation Practice Recognized as an IP Powerhouse with 25 Rankings by IAM Patent 1000 and Legal 500 US - June 12th, 2020
- Paul Hastings Advises Hanwha Q CELLS in US$1.2 Billion Sale to and Merger with Hanwha SolarOne - January 5th, 2015
- Paul Hastings and Align Technology Inc. Secure Precedent-Setting Intellectual Property Case Victory before the ITC - April 9th, 2014
- Paul Hastings Extensive Practice Strength Highlighted in The Legal 500 United States 2013 - June 5th, 2013
- 20 Paul Hastings Lawyers Ranked in 2022 IAM Patent 1000 - July 6th, 2022
- Paul Hastings Intellectual Property Practice Recognized by IAM 1000 2021 - July 2nd, 2021
- 2021 Legal 500 United States Guide Ranks More Than Fifteen Paul Hastings’ Intellectual Property Practice Lawyers - June 17th, 2021
- Recognized in the IAM Patent 1000 - June 11th, 2020
- Recognized as the Hatch-Waxman Litigation Firm of the Year by LMG Life Sciences - September 13th, 2018
- California Consumer Privacy Act of 2018 Set to Dramatically Change Privacy Landscape Across the Country - July 11th, 2018
- In-House Counsel Guide to Ransomware Prevention, Preparedness, and Response - September 18th, 2017
- Complying with COPPA: FTC Releases Updated Six-Step Compliance Plan for Businesses - June 22nd, 2017
- New Privacy Training Requirements for Covered Federal Contractor Employees - April 3rd, 2017
- International Travelers Beware–Digital Device Searches at the Border - March 16th, 2017
- New York’s New Cybersecurity Rule for Financial Institutions & How It May Affect You - February 7th, 2017
- Cyberattack Reporting Rule for Federal Contractors Finalized - October 11th, 2016
- From Life-Saving to Lethal: Product Liability After a Cyberattack - June 21st, 2016
- Privacy and Data Security Issues in M&A Transactions - A Checklist - May 17th, 2016
- Three Lessons Learned from a Data Breach Investigation - August 10th, 2015
- Hulu Hoops: Standing & Damages as Threshold Issues in Privacy Cases - January 22nd, 2014
- The Ordinary Course: A Look at Privacy Law Developments in the Google Cases - December 16th, 2013
- Settling With Named Plaintiffs in Federal Class Actions: Does Timing Matter? - November 8th, 2013
- Recent Consumer Law Developments at the California Supreme Court: What Ever Happened to Prop. 64 and What Will Consumer Class Actions Look Like in the Future? - June 1st, 2009
Engagement & Publications
- Presenter at 2012 Bridgeport program on privacy litigation and privacy policies
- Presenter at annual PLI Intellectual Property Law Institute on recent developments in trade secret law
- Presenter at PLI program on Trade Secret Litigation and Employee Mobility
- After leaving the partnership at another firm and immediately prior to joining Paul Hastings in 2003, Mr. Counts was Chief Operating Officer and General Counsel of a venture-backed e-commerce application software company and Founder of a venture-backed enterprise software development company.
- Vice Chair, Bishop O'Dowd High School Board of Directors
- Editor, High Technology Law Journal (University of California, Berkeley (Boalt Hall) 1988-90)
- Former high school teacher and administrator