28 Aug Zachary B. Tobolowsky
Zachary (Zach) B. Tobolowsky is an accomplished senior associate in the firm’s commercial litigation group. Zach’s practice focuses on complex business disputes and intellectual property litigation. He assists clients in all stages of litigation and represents both plaintiffs and defendants in high-stakes lawsuits. Zach has handled a wide variety of cases involving a broad spectrum of business disputes, including matters involving breach of contract, fraud, trade secret misappropriation, tortious interference, breach of fiduciary duty, unfair competition, trademark and trade dress infringement, patent infringement, copyright disputes, antitrust claims, DTPA violations, UCC violations, the Computer Fraud and Abuse Act (CFAA), insurance coverage, and employment disputes.
As a proven go-to senior associate, Zach has represented a wide range of clients and has successfully drafted and presented oral arguments on motions before both state and federal courts throughout the country, including in Texas, California, Delaware, New York, and Indiana.
Zach has an impressive academic record with honors in both college and law school. He graduated from Yale University with his B.A. in political science. He was a multi-year starter on Yale’s varsity baseball team and was the recipient of the Most Valuable Freshman Player award. Zach also served as President of Yale’s Special Olympics Organization and attended the London School of Economics where he studied the Politics of International Trade and Development.
Zach received his J.D. from Southern Methodist University Dedman School of Law, where he graduated cum laude, was elected President of the SMU International Law Review Association, and served as a student attorney in SMU’s Civil Clinic. While in law school, Zach completed a judicial clerkship with the Honorable Harlin D. Hale of the U.S. Bankruptcy Court for the Northern District of Texas.
• Representing one of the largest U.S. airlines in related lawsuits against online travel agencies involving claims of trademark infringement, Computer Fraud and Abuse Act (CFAA) violations, and breach of contract.
• Representing an international pharmaceutical and dermatology company (and its domestic and foreign subsidiaries) in a lawsuit involving claims of patent infringement, trade secret misappropriation, trade dress infringement, breach of contract, unfair competition, and other business torts relating to an injection training technology; serving as lead associate; successfully obtained dismissal of various claims against numerous individual and corporate defendants.
• Representing a foreign cybersecurity firm in a lawsuit involving breach of contract, breach of fiduciary duty, fraud, and professional negligence claims relating to services provided to a global cryptocurrency exchange platform.
• Representing a commercial construction company in a lawsuit alleging breach of fiduciary duty and trade secret misappropriation arising from the sale of LLC membership interests.
• Represented the U.S. credit and financing arm of the world’s largest automotive manufacturer in a lawsuit involving claims of UCC violations, fraud, breach of contract, and DTPA violations; served as lead associate, and successfully drafted and presented oral argument on a motion to dismiss that resulted in complete dismissal of all claims against the client.
• Represented a specialty finance firm in a collective action lawsuit involving claims of fraud, breach of contract, conspiracy/aiding and abetting, and FLSA violations; took depositions, handled discovery and motion practice, and drafted a successful motion for summary judgment that resulted in a complete judgment on all claims in favor of the client.
• Served as lead counsel for a national insurance company in a subrogation lawsuit against a commercial fire protection systems provider; handled negotiations at mediation and secured a favorable settlement for the client.
• Represented a Chinese technology company in proceedings before the International Trade Commission, and on appeal to the Federal Circuit, involving claims of patent infringement relating to electric hoverboards; obtained an ITC Final Determination of non-infringement in favor of the client and a favorable decision on appeal precluding the patent owner from asserting reissued patent claims.
• Represented a specialty finance firm in a breach of contract lawsuit that resulted in a favorable settlement for the client.
• Represented a “Business Process as a Service (BPaaS)” technology company in a lawsuit filed by a payroll and HR management services provider alleging breach of contract and seeking declaratory relief arising out of a copyright and ownership dispute relating to a proprietary software program.
• Represented a commercial lender in a receivership action against a global relocation and moving/storage company, and successfully obtained an order appointing a receiver to take possession of all assets belonging to the debtor.
• Represented an institutional oil and gas brokerage firm in multiple FINRA arbitrations that resulted in favorable settlements for the client.
• Represented a grocery store chain in a lawsuit against a former employee for breach of contract and temporary restraining order; served as trial counsel, and obtained a trial verdict and award of attorneys’ fees in favor of the client.
• Represented a private medical practice in a malpractice lawsuit that resulted in a favorable settlement for the client.
• Represented tenants in a landlord-tenant dispute and handled the settlement negotiations that led to a favorable settlement for the client.
• Represented an investor in a breach of contract action involving a personal guaranty agreement relating to a commercial real estate investment.
Presentations & Published Works
Brazil Finally Cleans Up Its Act with the Clean Company Act: The Story of a Nation’s Long-Overdue Fight Against Corruption, 22 L. Bus. Rev. Am. 383 (2016).
Co-Author, Fallout: After the Supreme Court’s Bankruptcy Decisions of 2015, The Federal Lawyer, Jan./Feb. 2016 Issue.
Professional Associations & Memberships
American Bar Association
State Bar of Texas
Dallas Bar Association
Dallas Association of Young Lawyers
The Patrick E. Higginbotham American Inn of Court, Associate Member