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Biography

Tom’s practice focuses on patent, trademark, trade secret, commercial, entertainment law, business, government contracts disputes, litigation, and transactions. Tom has authored numerous books and appeared on national television and radio, including Fox, Sundance T.V., and NPR, speaking on various subjects in his fields of practice. In addition to the state and federal courts of D.C., VA, and M.D., he is a member of the Federal Courts in Puerto Rico, Colorado, and Texas, as well as the Court of Federal Claims, the Federal Circuit, where he has recently argued and won three appellate matters, the Veteran’s Court of Appeals, and the United States Supreme Court, where he was lead counsel on a False Claims Act case (See United States ex rel. Carter v. Halliburton Co.) and in the T.C. Heartland LLC v. Kraft Foods Group Brands LLC (U.S. May 22, 2017) (No. 16-341) case involving jurisdiction in patent infringement cases. Other recent litigation victories where Tom served as lead trial counsel include a $12,317,500 verdict in Zuru v Telebrands et al. (EDTX 2017) (patent infringement) and a $2,600,000 verdict in DPX Gear v Prince et al. (Loudoun Circuit Court 2017) (breach of contract & fraud).

Tom has been repeatedly named as both a Washington, D.C. and Virginia SuperLawyer (top 2.5%), maintains an AVVO “Superb” rating (10.0), “Top 12” (Northern Virginia Magazine), and Who’s Who in American Law, and has been named to various lists for litigation work such as the “Power 100” Hollywood Reporter) Lawyer in entertainment for his work with independent film studios, including Voltage Productions (The Hurt Locker), Millennium Film (Expendables 2), and a host of others. He also works with film industry professionals in a variety of areas, including copyright, licensing, distribution, contract, compliance, fund-raising, and clearance. Please see the bottom of this biography for selected cases.

In addition to legal work, Tom has been an associate producer and script editor (Assault on Wall Street by Uwe Boll) and directed stage plays and a public television program in New York. Tom has also been on the other side and has recently appeared in a few national television commercials. Tom has taught numerous courses for both lawyers and laypersons, including Online Defamation, Sports & Entertainment Law, Mastering Sports, Entertainment, & Art Law (Rossdale CLE), and is the author of A Virginia Lawyer’s Deskbook, Chapter 8, Intellectual Property (Virginia CLE). Tom has a B.A. in English & Theater from Lafayette College, a J.D. from Washington & Lee University, and an MBA from the University of Maryland.

He has served as a U.S. Army Officer (Armor/ Cavalry) and is a licensed pilot, rescue diver, and avid sailor.

While in the Military, Tom Held the Following Positions: |1 -158th Cavalry (RECON) MDARNG, Platoon Leader, 2000 – 2005 | H.Q. 29th Infantry Division VAARNG, Aide de Camp to MG A.Wyman, Fort Belvoir, VA, 2006 – 2007 | HHC, 1-116th Infantry BSTB VAARNG, Company Commander, Fredericksburg, VA, 2007 – 2009

In addition to nine years as an Army officer (Cavalry), holding an instrument pilot’s license, an MBA, and an M.S. in Biotechnology, Tom has served as a Special Prosecutor and has a background in finance from time spent in commercial banking at JP Morgan Chase and the Bank of New York in the Private Client Group. Tom is presently an Airport commissioner for KJYO (Executive Airport), a Dulles feeder airport.

Some of Tom’s Past Positions Include: | Chemical Bank, NA (JP Morgan Chase) 1994-1995 | Bank of New York, Institutional Custodies, 1995-1996 | Norfolk Commonwealth’s Attorney, 1997 | Special Prosecutor, Loudoun County | Special Counsel (appointed by the Governor of Virginia) for Wage Claims | CEO, Ceres Nanosciences, Inc. 2007-2010 (part-time)

Tom served as Recon Scout Platoon Leader, and X.O. in a light cavalry unit, served as the aide-de-camp to a Commanding General, and finally as a company commander of an infantry company. Tom also enjoys SCUBA diving (rescue & Nitrox certified) and is a former National Silver Medalist in full contact Burmese kickboxing. As a founder and co-patent holder of a biomedical nano-particle technology (US8382987 B2 and US20140045274 A1), Tom served as the interim CEO and now serves as the Chairman of the Board of Directors for Ceres Nanosciences, Inc. (www.ceresnano.com), which is presently working on numerous government contracts (including multiple Phase 2 awards from DARPA), and the only definitive antigen test for Lyme disease. Tom has two children, and his spouse is a government contracts attorney in Northern Virginia.

Experience

  • Led trial team (lead counsel) in multi-week jury trial obtaining $12 million verdicts for willful patent infringement in Federal Court.
  • Led trial team (lead counsel) in week-long unjust enrichment, fraud, conversion, and breach of contract case, where, despite the client starting as a defendant in the case, we obtained a $2.6 million verdict in favor of our client.
  • Successfully briefed and argued three cases in 2017 and 2018 before the United States Federal Circuit in oral argument.
  • Served as lead counsel for the amicus brief to United States Supreme Court in the TC Heartland decision.
  • Obtained multi-million dollar value preliminary injunctions in three patent infringement cases.
  • Successful multi-million dollar landmark multi-jurisdictional copyright infringement litigation for films such as The Hurt Locker, The Expendables 2, and The Gray Man. (D FL, EDVA, SDNY, WD VA, DDC)
  • Successful patent infringement defense of robotic fish, invalidating patent of opposing party on summary judgment (EDVA).
  • Led successful patent infringement case (settlement) on behalf of technology manufacturer for hostage rescue phone technology.
  • Negotiated sale of EMR system from the University of North Carolina to a private buyer, including registration of copyrights and protection for related intellectual property.
  • Negotiated multiple sales of scripts, life rights, and film distribution agreements for independent film companies.

Awards/Honors

  • NOVA Top 10 Lawyers, Northern Virginia Magazine
  • Top 100 Power Lawyers in Entertainment, Hollywood Reporter (2010)
  • Virginia SuperLawyer, 2008 – 2009, (Rising Star), 2011-2022 (SuperLawyer)
  • Washington, D.C. SuperLawyer 2013 – 2022
  • Martindale-Hubbell Peer Rated
  • Who’s Who in American Law
  • Virginia Legal & Business Elite 2012, 2013, 2016
  • AVVO 10.0
  • Leaders in the Law 2018

Education

  • B.A. English/ Theater, Lafayette College
  • J.D. Law, Washington & Lee University School of Law
  • M.B.A. University of Maryland
  • M.S. Biotechnology, University of Maryland
  • Summer Program, Boston University, Semester at Sea, Woods Hole, MA
  • Summer Program, Tulane University School of Law with Antonin Scalia, Crete, Greece

Admissions

  • Virginia
  • District of Columbia
  • Maryland
  • U.S. Supreme Court
  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. Tax Court
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Veteran’s Appeals
  • U.S. District Court Eastern District of Virginia
  • U.S. District Court District of Maryland
  • U.S. District Court District of Columbia
  • U.S. District Court District of Colorado
  • U.S. District Court District of Puerto Rico
  • U.S. District Court District of Texas (Eastern District)
  • U.S. District Court District of Texas (Western District)
  • U.S. Bankruptcy Court Eastern District of Virginia
  • U.S. Bankruptcy Court Western District of Virginia
  • U.S. Bankruptcy Court District of Maryland
  • U.S. Bankruptcy Court for the District of Columbia

Memberships & Associations

  • American Bar Association, Co-Chair Copyright Litigation Committee, Commercial Litigation, (2009-2012)
  • Antitrust & Intellectual Property Sections Attorney’s Arbitration Services, Arbitrator/ Mediator, Panel Member (2004 – 2012)
  • Standard & Poor’s Vista Research – Society for Industry Leaders, Expert Panel Member (2001 – present)
  • American Legion, Post 34 – Leesburg, Member (2002 – present)
  • Veteran’s of Foreign Wars, Post 1777 – Leesburg, VA
  • Virginia State Bar Association, Litigation, Business Law & Intellectual Property Law Section Member
  • Maryland State Bar Association, Intellectual Property Law Section, Membership Committee (2006 – Present)
  • Loudoun County Bar Association, Past President (2004), Board Member (2003, 2005)
  • American MENSA (1998 – present) and Capitol M, Member (2001-present)
  • Airplane Owners and Pilots Association (Panel Attorney)
  • Rotary International (2004 – present)
  • Shenandoah University – NOVA Advisory Board (2002-2004)
  • LoudounCares Board Member (2005-2010)
  • Loudoun Community Free Clinic, Board Member (2003 – 2014)
  • Leesburg Executive Airport, Commissioner (2007 – present)
  • Free Mason, Olive Branch Lodge and 32nd Degree Scottish Rite, Alexandria
  • Washington, D.C. Bar, Intellectual Property Section

Outside of Work

  • Flying
  • Scuba diving
  • Fencing

Intern Program

As part of our effort to recruit, develop and retail the best and brightest attorneys, Dunlap Bennett & Ludwig offers a summer intern program for promising law school students who are looking to work as part of an innovative and incredibly successful team. With a global team of lawyers, selected candidates are able to work on high level projects in a collaborative space.

Paralegals and Legal Support Staff

At Dunlap Bennett & Ludwig, our team of paralegals and staff work together collaboratively along side our attorneys toward a common goal. We have created a positive work environment where our paralegals and legal assistants work to successfully reach firm-wide goals and support each other to combine individual strengths to enhance team performance. They regularly assist our attorneys with organizing and maintaining files, conducting legal research, and preparing documents.