Biography

As a trial lawyer, Tom Mayhew has represented a broad range of clients in every form of high-stakes dispute, in federal and state courts, domestic and international arbitrations, SEC administrative proceedings, and criminal cases.

Tom’s clients hire him for judgment and creativity, not because he specializes in any one area of business litigation. He becomes a specialist in the facts and law of their particular situation, and then leverages his particular strengths in strategy and pragmatic problem-solving, and coming up with the best solution for a client’s current issue or case, rather than applying a playbook or cookie-cutter approach. His intellectual curiosity means he loves learning the complexities of different business contexts so that he can crystallize and teach the concepts to decision-makers in language that is simple, relatable, and understandable.

Tom represents a number of leading consumer brands, ranging from bottled water to cosmetics to appliances to premium chocolate, wine, and alcoholic beverages. He serves as lead counsel in consumer class action litigation across the country – especially in California, New Jersey, and New York, where so many of these cases are brought – and has litigated over 30 class actions involving claims of false advertising or labeling, pricing/antitrust violations, and other allegedly “unfair’ and “unlawful” business practices.  When the situation requires it, he is as comfortable on offense as defense, representing companies in business-vs.-business claims involving product or technology development, supply chain disruption, and co-manufacturing problems, or in investment or internal corporate disputes and interactions with regulators.

Distinctions

  • Best Lawyers in America, Commercial Litigation (2016-2022)
  • Benchmark Litigation, Litigation Star (2012-2021)
  • Super Lawyers, Northern California (2006, 2008, 2011-2018)

Memberships and Affiliations

  • President of the Northern California Chapter of the Association of Business Trial Lawyers (2017)

Firm Highlights

Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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Publication

Election Year Issues for Private Foundations and Public Charities (Webinar)

Cynthia Rowland discusses Nonprofit Education Series on "Election Year Issues for Private Foundations and Public Charities." Public and private foundations may support nonpartisan election-related activities, but only in limited ways and amounts. Join our interactive live...

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News

2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

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Publication

Upside: Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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