Thomas Jackson is a litigation partner and chair of the Firm’s Technology Practice Group. He devotes a substantial part of his practice to the areas of computer software licensing and acquisitions, information technology, data security, privacy and computer crime, as well as trade association law and practice and antitrust litigation and counseling. He concentrates his litigation practice in the fields of technology law, antitrust law, class action defense, privacy and information law and complex commercial litigation.
Mr. Jackson represents software developers and distributors, new media companies, Internet service and content providers and users of Internet-based products and services. His technology-based practice includes negotiating and drafting of software license and software development agreements, information technology outsourcing and services agreements, software distribution agreements and technology transfer agreements.
He has litigated and tried major cases over the course of more than 35 years. He has tried and litigated proceedings in the federal and state courts and before administrative agencies and tribunals and has handled litigations, alternative dispute resolution proceedings and settlements in the areas of mergers and acquisitions, employer liability, taxation, securities law and copyright and trademark law, as well as cases involving computer software acquisitions, licensing, copyright and royalties disputes, Internet-related trademark and domain name disputes and other areas of the information technology field.
Mr. Jackson has been honored by Super Lawyers® in their Metro New York Edition in 2015, 2016 and 2017. He has also been recognized by AVENUE Magazine as one of New York City’s top litigation attorneys. In 2012 and 2013, he was selected as one of New York’s Top Rated Lawyers and in 2013 as one of the Top Rated Lawyers in Commercial Litigation Law nationally by American Lawyer Media, the nation’s largest publisher of legal media, in conjunction with LexisNexis Martindale-Hubbell, the information services company to the legal profession and publisher of the Martindale-Hubbell® Legal Directory.
Mr. Jackson is counsel to a non-profit organization established as a public policy forum on information security issues, a large trade association and a prominent software company.
He advises clients on electronic discovery issues and writes and speaks on the subjects of e-discovery, data and privacy protection and cloud security. He co-authored the article, “E is Key – Electronic Discovery,” which was published in The New York Law Journal, and has spoken and written on other subjects including the chapter “U.S. Antitrust and Intellectual Property in Mergers and Acquisitions” in the book, Intellectual Property Assets in Mergers and Acquisitions.
Mr. Jackson has participated in panels on the subjects of “Legal and Privacy Considerations in the Cloud” at the RSA Conference 2010 and “Cloud Computing Privacy and Security” at the RSA Conference 2011. He was also a member of the Shaping the Future of Cybersecurity Education workshop Cybersecurity Financial Management Panel at the Second Annual National Initiative for Cybersecurity Education hosted by the National Institute of Standards and participated on a Congressional panel on cybersecurity.
He served as a task group leader of the American National Standards Institute Homeland Security Standards Panel and Internet Security Alliance joint initiative on the Financial Impact of Cyber Risk and was an editor and contributor to the chapter “A Framework for Managing Legal and Compliance Issues” in the publication, The Financial Impact of Cyber Risk: An Implementation Framework for CFOs. Mr. Jackson was also a contributor to The Financial Impact of Breached Protected Health Information: A Business Case for Enhanced PHI Security published by the American National Standards Institute in conjunction with The Santa Fe Group/Shared Assessments Program Healthcare Working Group and the Internet Security Alliance.
Mr. Jackson also spoke and participated in a panel at the IQPC 2nd eDiscovery for Financial Services Conference in New York City on the subject “Cross Border Discovery Issues and the Conflict between U.S. e-Discovery Rules and the EU Data Protection Directive and National Privacy Laws of the EU States” and he was one of the principal speakers at the CanApple New Media Forum in New York City hosted by the Consulate General of Canada and has been a participant in the European Lawyers Union Annual Conference on Technology and Communications.
Mr. Jackson is
- a member of the Information Security, Privacy and Computer Crime and Law and E-Discovery and Digital Evidence Committees, and the Social Media Committee of the American Bar Association Section of Science and Technology;
- a member of the Communications and Digital Technology Industries and Information Security Committees of the American Bar Association Section of Antitrust Law;
- a member of the Antitrust Litigation, Commercial and Business Litigation, Intellectual Property Litigation and Pretrial Practice and Discovery Committees of the American Bar Association Section of Litigation;
- a member of the IP Licensing and Software Technology Committees of the American Bar Association Section of Intellectual Property Law.
- a member of the Trademarks and Unfair Competition Committee of the New York City Bar Association and a past member of its Information Technology Law Committee and its Committee on Antitrust and Trade Regulation; and
- a former member of the Committee on Second Circuit Courts of the Federal Bar Council and past chair of its Subcommittee on Technology in the Courts.
He is also a member of the Panel of Arbitrators of the American Arbitration Association Commercial Tribunal and has served as an arbitrator in various commercial matters.
Representative matters that he has handled include:
- Representing a processed egg products manufacturer in the defense of a series of antitrust class actions alleging a conspiracy to allocate customers and markets and to fix the prices of shell eggs and egg products.
- Representing the developers of a successful software program in an arbitration proceeding against a major software company in connection with a royalty dispute that resulted in a substantial award in favor of the developers and the recovery of their rights to the software.
- Representing a software company in preparing license agreements, outsourcing agreements, agreements with third-party developers and software distributors, and non-disclosure agreements and handling litigations involving the unauthorized use of its software.
- Representing a large Internet services provider in negotiating and licensing third-party content and in connection with subscriber privacy and subpoena compliance issues under the Electronic Communications Privacy Act and Internet access, content blocking and telecommunications issues, as well as in a variety of technology-related litigations.
- Representing a multi-national chemical company and its corporate parent in connection with the successful defense of an action brought by the Federal Trade Commission to enjoin the acquisition of the polyvinyl chloride assets of another company.
- Filing amicus curiae briefs on behalf of a major trade association client successfully opposing a challenge to a state sales-below-cost law on federal preemption and antitrust grounds.
Representative Conferences, Symposia & Workshops:
- NIST Second Annual National Initiative for Cybersecurity Education, Shaping the Future of Cybersecurity Education Workshop, Cybersecurity Financial Management Panel (Gaithersburg, Maryland, September 21, 2011)
- RSA 2011 Conference “The Adventures of Alice and Bob” (San Francisco, February 14 - 18, 2011)
- RSA 2010 Conference “Security Decoded” (San Francisco, March 1 - 5, 2010)
- ISA-ANSI Cybersecurity Workshop | Cyber Risk Phase II Workshop IV (New York, December 10, 2009)
- ANSI-HSSP Eighth Annual Plenary Meeting (Washington, DC, October 21, 2009)
- ISA-ANSI Cybersecurity Workshop | Cyber Risk Phase II Workshop III (New York, September 29, 2009)
- IQPC 2nd eDiscovery for Financial Services Conference (New York, February 25 - 27, 2009)
Peer Review Rating:
- Selected for inclusion in the Super Lawyers® - Metro New York Edition (Technology Transactions) (2015 - 2017)
- Selected in 2012 and 2013 as one of the New York’s Top Rated Lawyers and in 2013 as one of the Top Rated Lawyers in Commercial Litigation Law nationally by American Lawyer Media and LexisNexis Martindale-Hubbell
- Recognized as one of New York City’s top litigation attorneys by AVENUE Magazine
- American Bar Association
- Federal Bar Council
- New York City Bar Association
Foreign Language Competencies: