Tom Counts is a partner in the IP and Complex Litigation practice groups and co-chair of the firm’s Privacy and Cybersecurity practice. 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.


  • 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.

Speaking Engagements and 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

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