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Thomas J. Adair

Biography

Tom Adair’s practice focuses on complex commercial litigation in a variety of industries. Mr. Adair has experience prosecuting and defending breach of contract, fraud, trademark violations, patent infringement, copyright violations, theft of trade secret, and class action claims, among others. Mr. Adair’s experience ranges from large multi-party cases worth hundreds of millions of dollars to small claims in state and federal court as well as alternative forums such as arbitration. In addition, Mr. Adair has experience counseling clients on contractual and licensing matters.

Prior to law school, Mr. Adair was a legislative assistant for a U.S. Representative. He handled transportation, environmental, agricultural, judicial, tax, and economic matters. As part of this work, Mr. Adair was involved in reforms to the nation’s transportation infrastructure following 9/11.

Representative Experience

Mr. Adair’s practice ranges across all aspects of the litigation process from pre-suit investigation through appeal. Representative matters include:

  • Representation of a prominent hotel chain in a trademark infringement matter in federal court.
  • Representation of a foreign manufacturer in matters involving complex procedure, trademark, and unfair competition issues, which has included briefing to the Texas Supreme Court and the 5th Circuit Court of Appeals.
  • Successful representation of company cofounder against former partner in breach of contract and theft of trade secrets matter.
  • Represented a general contractor in a dispute arising out of construction of a system to prevent and mitigate environmental damage from oil well blowouts.
  • Represented a leading banking services company against claims for breach of contract and fraud leading to a favorable resolution shortly before trial.
  • Represented a large digital advertising distribution company in its suit claiming breach of certain covenants of an employment agreement and theft of trade secrets, which resulted in a large damages award and injunctive relief.
  • Defended an internet company against unjust enrichment and fraudulent transfer claims in federal court, which resulted in an order dismissing all claims.
  • Defended a foreign manufacturer against claims of trademark and copyright infringement as well as unfair competition, which included a favorable ruling from the 5th Circuit Court of Appeals.
  • Counseled a software company and prepared licensing agreements.
  • Represented hotel developers and owners against claims for breach of contract and fraud related to hotel sales, financing, and management, which resulted in favorable resolutions.
  • Defended an architectural and design company against copyright infringement, breach of contract, and defamation claims resulting in a favorable resolution at mediation.
  • Defended a major automobile manufacturer in multiple patent infringement suits, which ended with very favorable rulings and resolutions.

Practice Areas

  • Commercial Disputes Litigation
  • Energy & Natural Resources Litigation
  • Trade Secret & Non-Compete Litigation
  • Alternative Dispute Resolution
  • Appellate Litigation
  • Intellectual Property
  • Licensing
  • Domestic Arbitration/ADR

Awards & Recognition

  • Texas Super Lawyers – Rising Stars, 2013 & 2015

Memberships

  • State Bar of Texas
  • American Bar Association

Publications

  • Contributing Author, From the Courtroom, to the Boardroom, to the Capitol, “Inside the Minds: Recent Trends in Patent Infringement Litigation,” (Aspatore 2011)
  • Co-Author, Texas Chapter of “Business Torts: A Fifty State Guide,” 2007 and 2008 Editions; Daller, Editor-in-Chief

Court Admissions

  • Louisiana, 1994
  • Texas, 2005
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. Court of Appeals Federal Circuit
  • U.S. District Court Southern District of Texas
  • New York
  • U.S. Court of Appeals 5th Circuit
  • U.S. District Court Western District of Texas

Education

  • The University of Texas School of Law, Austin, Texas
    • Honors: With High Honors
  • Dartmouth College
    • B.A. – 1999

Past Positions

  • U.S. Representative, Legislative Assistant