Sarah Tomkowiak, an accomplished trial attorney, litigates high-stakes civil business disputes and investigations in federal, state, and arbitral venues across the United States.
Profile
Sarah leverages her pragmatic approach to negotiations and extensive trial experience — including a major victory in one of the only securities class actions to go to a jury trial in a decade — to help clients navigate:
Securities law disputes and corporate governance matters
Complex commercial litigation, representing both plaintiffs and defendants
Copyright infringement and Digital Millennium Copyright Act disputes
She represents issuers and executives facing US Securities and Exchange Commission (SEC) subpoenas and investigations, as well as board committees in connection with internal investigations into financial reporting, accounting, disclosures, and internal controls issues.
Sarah 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
A recognized leader within and outside the firm, Sarah 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 American Bar Association’s Class and Derivative Actions Subcommittee. She has co-authored the ABA’s annual publication Recent Developments in Business and Corporate Litigation – Class Actions.
She has served on Latham’s Recruiting, Associates, and Pro Bono Committees.
Sarah maintains an active pro bono practice, including in partnership with the Washington Lawyers Committee for Civil Rights and Urban Affairs and the National Veterans Legal Services Program.
Experience
Sarah’s recent experience includes representing:
CoStar, the nation’s leading commercial real estate information provider, in pursuing copyright infringement and Digital Millennium Copyright Act claims against Commercial Real Estate Exchange Inc. (CREXi), a major CoStar competitor valued at half a billion dollars and backed by multiple venture capital funds (CoStar v. CREXi (C.D. Cal. 2020))
CoStar, in coordinating the procural of multiple judgments and injunctions against CREXi’s offshore agents for facilitating CREXi’s copyright infringement
CoStar, in obtaining a permanent injunction in federal court against CREXi’s founding investor for hacking into CoStar’s database (CoStar v. Leon Capital (D.D.C. 2021))
Puma Technology in defeating at trial more than 95% of the plaintiffs’ claimed damages in a rare federal securities class action to go to jury verdict; named one of the Top Defense Verdicts of 2019 by the Daily Journal (Hsu v. Puma Biotechnology, Inc. (C.D. Cal. 2019))
Google, in a copyright and trademark infringement lawsuit and Digital Millennium Copyright Act defense case brought by educational publishers (Cengage v. Google (S.D.N.Y. 2024))
BioXcel, a biopharmaceutical company utilizing artificial intelligence, in a pending securities class action involving claims related to clinical trial site performance (Martin v. BioXcel (D. Conn. 2024)).
General Electric in a securities class action and securing complete dismissal of a securities fraud class action (Sjunde AP-Fonden v. General Electric Company (S.D.N.Y.); Birnbaum v. General Electric Company (S.D.N.Y. 2020) (affirmed 2021))
Shopify in a copyright infringement lawsuit and Digital Millennium Copyright Act defense case brought by educational publishers (Bedford v. Shopify (E.D.Va 2021))
2U, a leading education technology company, in a securities class action alleging misleading statements in connection with financial projections (In re 2U Securities Class Action (D. Md. 2020))
Sarepta Therapeutics in securing the dismissal of a securities class action and derivative case alleging misleading statements in connection with clinical trial results (Salinger v. Sarepta Therapeutics (S.D.N.Y. 2020))
CoreCivic in a securities class action alleging misleading statements in connection with the US Department of Justice’s 2016 announcement to end the Bureau of Prison’s reliance on private prisons (Grae v. Corrections Corp. of America (M.D. Tenn. 2017))
Wal-Mart in securing dismissal of a securities fraud class action against its Mexican subsidiary (City of Pontiac General Employees’ Retirement System v. Wal-Mart Stores, Inc. (W.D. Ark. 2018); Fogel v. Vega (S.D.N.Y. 2018))
Weatherford International in securities fraud class actions related to its restatement of certain financial statements due to tax accounting errors (Dobina v. Weatherford International, Ltd. (S.D.N.Y. 2014); Freedman v. Weatherford International Ltd. (S.D.N.Y. 2015))
Checkpoint Systems, a leading manufacturer of retail anti-theft systems, in winning complete dismissal of all claims in a securities class action related to the company’s restatement of certain financial statements due to tax accounting errors (Meier v. Checkpoint Systems, Inc. (D.N.J. 2017))
HCA, Inc., a for-profit hospital chain in a section 11 securities class action challenging disclosures in the offering materials for the company’s initial public offering
Booz Allen, a consulting services firm, and certain of its officers in a federal securities fraud jury trial (S.D.N.Y. 2015)
Qualifications
Bar Qualification
District of Columbia
Illinois
Education
JD, University of Illinois College of Law, 2007 summa cum laude
BA, University of Missouri, 2004 summa cum laude, Bachelor of Arts with honors in Communication, Bachelor of Arts in German
Three Latham teams earned recognition for winning dismissal of a copyright suit against Google, successfully defending Venture Global in a shareholder lawsuit, and securing dismissal with prejudice of a lawsuit filed against Voyager Technologies on the eve of its IPO.
For many lawyers, litigating a billion-dollar case is a once-in-a-career opportunity. Latham & Watkins partner Andrew Clubok has won three in the last year alone.
A Latham trial team defended ExxonMobil in an exceedingly rare securities fraud class action jury trial, collaborating with co-counsel, working as a “virtual firm” across three organizations, to try one of the few securities class actions to reach a jury in the past three decades.
Notice: We appreciate your interest in Latham & Watkins. If your inquiry relates to a legal matter and you are not already a current client of the firm, please do not transmit any confidential information to us. Before taking on a representation, we must determine whether we are in a position to assist you and agree on the terms and conditions of engagement with you. Until we have completed such steps, we will not be deemed to have a lawyer-client relationship with you, and will have no duty to keep confidential the information we receive from you. Thank you for your understanding.