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Background

Tommy Jacks is Of Counsel to the Austin office of Fish & Richardson. His practice emphasizes general commercial litigation. Mr. Jacks has over 47 years of experience in general litigation on a wide range of complex commercial, trade secrets, qui tam, class action, professional liability, pharmaceutical, medical device, fiduciary duty, construction, antitrust, securities, environmental, product liability, aviation and general business litigation. He has also served as an arbitrator in complex commercial disputes. He has been named as Texas Trial Lawyer of the year by the Texas Chapters of the American Board of Trial Advocates and based on the recently announced 2021 publication, has been listed in Best Lawyers in America for 27 consecutive years and in Texas Super Lawyers every year since its inception.

Mr. Jacks is active in professional activities. He is a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. Mr. Jacks has served on the Texas Supreme Court’s Rules Advisory Committee and on Texas Supreme Court task forces on the Jury System and on Judicial Selection. He has served on multiple Magistrate Merit Selection Committees and on the Local Rules Revision Committee for the U.S. District Courts for the Western District of Texas.

Mr. Jacks has authored several journal articles in such publications as the Texas Law Review, Texas Trial Lawyers Forum, and Trial. His publications have won awards from the Ford Foundation and the Texas Bar Foundation. He is invited frequently to speak at legal seminars for the State Bar of Texas and at numerous law schools.

Mr. Jacks is married to Laura Jacks, who is also an attorney, and has three children.

Education

University of Texas Law School 1971
J.D.
Projects-Research Editor, Texas Law Review
with honors, Order of the Coif, Chancellors


Baylor University 1968
B.A.

Admissions

  • Texas 1971

Clerkships

United States District Court for the District of Maryland, The Honorable Roszel C. Thompson, 1971 - 1972

Memberships & Affiliations

​American College of Trial Lawyers (Fellow);International Academy of Trial Lawyers International Society of Barristers; American Board of Trial Advocates; Board Certified in Civil Trial Law, Texas Board of Legal Specialization; Texas Trial Lawyers Association (President, 1990-91); Travis County Trial Lawyers Association (President, 1988-90); Texas Bar Foundation (Fellow); Legal Aid Society of Central Texas (Member of Board of Directors, 1980-83; President, 1982-83); American Bar Association; District of Columbia Bar Association.

Other Distinctions

Selected by his peers to be included in The Best Lawyers in America (1993-2021), and in Texas Super Lawyers every year since its inception. Selected as Trial Lawyer of the Year by the Texas Chapters of the American Board of Trial Advocates (ABOTA).

Publications

Mr. Jacks is a contributing author to Fish’s IP Law Essentials.

Best Practices: How to Protect Trade Secrets From Loss Through Departing Employees,” Fish IP Law Essentials Blog, June 2020 (co-author).

Best Practices: HR Risk Management to Avoid IP Theft Liability,” Fish IP Law Essentials Blog, June 2020 (co-author).

E-Discovery Sanctions Traps in the Remote Workplace: Preserving Digital Data Even When the Office is Closed,” Fish IP Law Essentials Blog, April 2020 (co-author).

Federal Copyright Preemption Extends to Preempt State Laws Which Protect Material That Congress Expressly Declined to Protect Under Federal Copyright Law: Ultraflo Corp. v. Pelican Tank Parts, Inc. (5th Cir. Jan. 11, 2017), Fish Litigation Blog, February 2017 (author).

Sanctions for Failure to Conduct a Reasonable Inquiry Into Factual/Legal Basis for Discovery Responses, Fish Litigation Blog, December 2016 (author).

False Claims Act: Recent First Circuit Opinion on Remand in U.S. ex rel. Escobar v. United Health Services, Fish Litigation Blog, December 2016 (author).

The Corporate Litigant and Rule 30(b)(6) Depositions: The Duty to Prepare the Corporate Representative to Testify, Fish Litigation Blog, November 2016 (author).

Federal Copyright Preemption of State Law Claims – Still a Powerful Defense Tool in Commercial Litigation, Fish Litigation Blog, November 2016 (co-author).

Texas adopts Uniform Trade Secrets Act—Does this mean predictability for your business? Maybe, Blog post, July 2013 (co-author).

Media Coverage

J&J’s $158 Million Settlement With Texas Approved by Court 
A Fish & Richardson trial team, led by Mr. Jacks and a former Fish attorney, successfully represented whistleblower Allen Jones in his claims that Johnson & Johnson’s Janssen exaggerated the benefits of its antipsychotic drug Risperdal in order to dupe the Texas Medicaid Program. Following expert testimony by the plaintiffs’ experts regarding Janssen’s concealment and manipulation of scientific data, the manufacturers agreed to a settlement that represents the largest Medicaid fraud recovery in Texas history. The record-breaking case was the subject of news coverage in The New York TimesBloombergThe Texas Tribune, and a variety of other U.S. and international media outlets. This verdict was recognized by Texas Lawyer as the second-largest settlement in Texas in 2012.

Richard Garriott Wins $28 million Jury award in NCsoft Suit
A Fish & Richardson trial team, led by Mr. Jacks and a former Fish attorney, successfully represented computer game industry pioneer, Richard Garriott (known to his fans as “Lord British”) in a suit against his former employer, Korean game company NCsoft, based on NCsoft’s failure to honor the terms of a stock option agreement upon Mr. Garriott’s departure from the company. Mr. Garriott was quoted in the Austin American Statesman as saying: “The facts were clear that my departure from NCsoft was not voluntary. I am very pleased with the final award.” The case was tried under Korean law. The judgment for over $32 million was unanimously affirmed by a panel of the U.S. Court of Appeals for the Fifth Circuit in 2012.

Experience

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What's trending with Tommy

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Fish Litigation Blog
August 12, 2020
Best Practices: Protecting Your Trade Secrets in the M&A Virtual Data Room
Authors: Tommy Jacks, David S. Morris
IP Law Essentials
Trade Secrets
Fish Litigation Blog
June 4, 2020
Best Practices: How to Protect Trade Secrets From Loss Through Departing Employees
Authors: Tommy Jacks, David S. Morris
IP Law Essentials
Fish Litigation Blog
June 3, 2020
Best Practices: HR Risk Management to Avoid IP Theft Liability
Authors: Tommy Jacks, David S. Morris
IP Law Essentials
News
May 21, 2020
Fish Attorneys Author Law360 Article, "Contingent Fees A Great Option For Cos. During Downturn"
Articles
COVID-19
News
Fish Litigation Blog
April 29, 2020
E-Discovery Sanctions Traps in the Remote Workplace: Preserving Digital Data Even When the Office is Closed
Authors: Tommy Jacks, David S. Morris
IP Litigation
IP Law Essentials
Event
September 26th, 2018
TexasBarCLE Presents 10th Annual Business Disputes Program
Speaking Engagement
News
August 15, 2018
47 Fish Attorneys Named to The Best Lawyers in America® 2019 List
Press Release
News
Fish Litigation Blog
February 15, 2017
Federal Copyright Preemption Extends to Preempt State Laws Which Protect Material That Congress Expressly Declined to Protect Under Federal Copyright Law: Ultraflo Corp. v. Pelican Tank Parts, Inc. (5th Cir. Jan. 11, 2017)
Author: Tommy Jacks
Commercial Litigation
Event
November 19th, 2014 | 1:00 pm EST
INSIGHTS Webinar: The Highest Duty Known to Law... Fiduciary Liability in the 21st Century
Speaking Engagement
Event
July 29th, 2009 | 8:00 am EDT
Texas Bar CLE "Advanced Civil Trial Course 2009"
Speaking Engagement
News
September 18, 2014
A slippery slope? Schlumberger v. Rutherford and implications for future abuse of the Texas Anti-SLAPP statute in trade secret litigation.
Articles
News
News
June 19, 2014
Fish Named Texas Powerhouse by Law360
Media Mention
News
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