Sarah A. Tomkowiak

  • Partner
  • Esarah.tomkowiak@lw.com
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA
  • T +1.202.637.2335
  •  
 

Profile

Sarah Tomkowiak represents issuers as well as their officers and directors in complex business litigation and investigations, including securities class actions, merger litigation, and enforcement actions.

Ms. Tomkowiak represents clients active in numerous industries in:

  • Securities fraud class actions
  • Shareholder derivative litigation
  • Mergers and acquisitions litigation
  • Internal investigations
  • Securities and Exchange Commission (SEC) investigations
  • Corporate governance

She draws on extensive experience in all aspects of civil litigation, including first-chair and federal jury trial experience, as well as with Section 10(b) and Section 11 of the federal securities laws.

She conducts internal investigations into financial reporting, accounting, disclosures, and internal controls issues, and advises clients on a range of matters, including corporate governance and the securities laws.

Ms. Tomkowiak has been recognized as a Rising Star in Washington, D.C. Super Lawyers lists 2014-2017, and as a Law360 Rising Star in 2019.

Leadership

Ms. Tomkowiak is a founding member of Washington Area Women Trial Attorneys (WAWTA). She is also active in the D.C. Women’s Bar Association and is Vice Chair of the ABA’s Class and Derivative Actions Subcommittee. She co-authors the ABA’s annual publication Recent Developments in Business and Corporate Litigation - Class Actions.

Ms. Tomkowiak participates in firm management, currently serving on the Recruiting Committee, and previously on the Associates and Pro Bono Committees.


Experience

Ms. Tomkowiak’s recent representations include:

  • Puma Biotechnology and officers in a federal securities class action in the Central District of California. The jury reached a unanimous verdict in Puma’s favor on the majority of plaintiffs’ claims, awarding a miniscule damages amount in the first federal securities class action to reach a verdict in nearly a decade.
  • Sinovac Biotech in a shareholder activism related litigation in the District of Massachusetts, challenging disclosures relating to change of control intent.
  • Wal-Mart Stores and officers, in two high-profile federal securities class actions in the Southern District of New York and Western District of Arkansas, challenging disclosures relating to an FCPA investigation.
  • Checkpoint Systems, a manufacturer of retail anti-theft systems, and officers, in a class action in the District of New Jersey, over the company’s restatement of its tax accounting expense in 2015.
  • Weatherford International and officers, in federal securities class actions in the Southern District of New York, derivative litigation, and an SEC investigation arising out of financial restatements related to income tax accounting.
  • HCA, the largest US for-profit hospital chain, in a Section 11 securities class action in the Middle District of Tennessee, challenging disclosures in the offering materials for its 2011 initial public offering.
  • Booz Allen, a consulting services firm, and officers in a federal securities fraud jury trial in the Southern District of New York.
  • K12, an online education company, and individual officers, in a federal securities class action in Eastern District of Virginia.

Thought Leadership

  • Supreme Court Ruling Extends Reach of Primary Liability for Securities Fraud  -  April 02, 2019
  • SEC Speaks Conference 2016: Key Takeaways for Public Companies -  February 26, 2016
  • Proof of Materiality Not a Prerequisite to Certifying a Securities Fraud Class Action -  March 06, 2013
  • Second Circuit Wades Into the PSLRA Safe Harbor
    The Lessons of Slayton v. American Express for Forward-Looking Statements
     -  June 10, 2010
  • Senior SEC Enforcement Staff Describes Changes at the Division, Reflects on 2009 Performance, and Highlights Priorities for 2010 -  December 10, 2009
Bar Qualification
  • District of Columbia
  • Illinois
Education
  • JD, University of Illinois College of Law, 2007
    summa cum laude
  • BA, University of Missouri, 2004
    Bachelor of Arts With Honors in Communication, Bachelor of Arts in German, summa cum laude
Practices
  • Securities Litigation & Professional Liability
  • Litigation & Trial Practice
  • White Collar Defense & Investigations
  • Complex Commercial Litigation
  • Corporate Governance