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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 listed in Best Lawyers in America for the past 26 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.


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

Baylor University 1968


  • Texas 1971


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 (1993-2020), 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).


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.


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