Tomkiel, Brian K.

Brian K. Tomkiel

Associate
Baker & McKenzie LLP

Biography

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.

Practice Focus

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.

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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

Admissions

  • 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)

Education

  • University of California at Berkeley (B.A.)
  • University of California, Hastings College of the Law (J.D. cum laude)

Languages

  • English

Previous Offices

  • Palo Alto