Brian Tomkiel is an associate in the Firm’s San Francisco office. His practice focuses on commercial litigation and cross-border corporate internal compliance investigations.
Mr. Tomkiel focuses his litigation and investigation practice on the following areas: cross-border internal compliance investigations including alleged violations of the Foreign Corrupt Practices Act (FCPA), Dodd-Frank, Sarbanes-Oxley and antitrust laws; antitrust compliance; business torts; theft of trade secrets; False Claims Act litigation; and eDiscovery and data management in litigation and internal investigations. Mr. Tomkiel has conducted internal investigations of compliance issues for multinational corporations in multiple international jurisdictions.
Representative Legal Matters
- Represented company in False Claims Act & California False Claims Act investigation and litigation.
- Represented Chinese state-owned entity in litigation and settlement in US District Court, Central District of California in a products liability action arising out of distribution of firearms made in China.
- Conducted internal compliance investigation for publicly traded multinational software corporation involving bribery allegations concerning channel sales partners in Russia.
- Conducted internal compliance investigation for publicly traded multinational corporation involving whistleblower allegations of bid-rigging, retaliation and FCPA violations in Mexico and multiple jurisdictions in Latin America.
- Conducting court-ordered antitrust monitorship of multinational Taiwan-based company convicted of cartel activity/price fixing under the Sherman Act.
- Conducted internal fraud investigation for publicly traded multinational corporation involving whistleblower allegations of fraud against senior company executives.
- Conducted internal investigation for publicly traded multinational corporation involving allegations of theft of trade secrets and employee raiding in Europe.
- Acted as pool counsel to corporate officers of publicly traded multinational corporation in internal investigation of alleged FCPA violations in Asia.
- Obtained summary judgment in favor of publicly traded company and its CEO on discrimination claims brought by former CFO.
- Obtained favorable settlement against former compliance officer of major multinational company involving allegations of impropriety against the company’s CFO.
- Obtained favorable settlement for multinational company based in Taiwan in breach of contract action brought by the company's former general manager and other senior officers.
Professional Associations and Memberships
- Asian American Bar Association of the Greater Bay Area - Member
- Bar Association of San Francisco Barristers Club - Co-Chair, International Practice Section
- Bar Association of San Francisco - International Law Section - Executive Committee
- U.S. District Court, Central District of California~United States (2013)
- U.S. District Court, Northern District of California~United States (2013)
- U.S. District Court, Southern District of California~United States (2012)
- California~United States (2009)
- University of California at Berkeley (B.A.)
- University of California, Hastings College of the Law (J.D. cum laude)
- Palo Alto