Sarah Tomkowiak is a partner in the Washington, D.C. office of Latham & Watkins and a member of the firm’s Litigation & Trial Department. She focuses her practice on complex business litigation and investigations, including securities class actions, merger litigation, and enforcement actions.
Ms. Tomkowiak represents public and private companies, directors, and officers in a wide variety of industries in securities fraud class actions, shareholder derivative litigation, mergers and acquisitions litigation, and Securities and Exchange Commission (SEC) and Department of Justice (DOJ) investigations. She has extensive experience in all aspects of civil litigation, including federal jury trial experience. She also conducts internal investigations of companies regarding their financial reporting, disclosures, and internal controls, and advises clients on a range of matters, including corporate governance and securities laws.
Ms. Tomkowiak is active in the D.C. Women’s Bar Association and the ABA’s Class and Derivative Actions Subcommittee. She is a co-author of the ABA’s annual publication titled Recent Developments in Business and Corporate Litigation - Class Actions. Ms. Tomkowiak participates in firm management and has served on Latham’s Associates Committee and Pro Bono Committee. She presently serves on Latham's Recruiting Committee. Ms. Tomkowiak is a founding member of the Washington Area Women Trial Attorneys (WATA).
Before joining Latham, Ms. Tomkowiak served as an articles editor for the University of Illinois Law Review and, while in law school, interned at the US Attorney’s Office for the Northern District of Illinois.
Ms. Tomkowiak is recognized as a Rising Star in the 2014, 2015, 2016 and 2017 Washington, D.C. Super Lawyers lists.
Ms. 's recent representations include the following:
- Puma Biotechnology, a development-stage biopharmaceutical company, and individual officers, in a federal securities class action in the US District Court for the Central District of California and related shareholder derivative litigation. In the federal securities class action, the jury reached a unanimous verdict in Defendants’ 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 10 years.
- Sinovac Biotech, Ltd., a pharmaceutical company, in a federal securities action in the US District Court for the District of Massachusetts, challenging disclosures relating to intent to change of control of the company.
- The Southern Company, a utility holding company, and individual officers, in a federal securities class action in the US District Court for the Northern District of Georgia, challenging disclosures relating to construction of a lignite gasification (“clean coal”) energy facility.
- Wal-Mart Stores, a global retail company, and individual officers, in two high-profile federal securities class actions in the US District Courts for the Southern District of New York and Western District of Arkansas, challenging disclosures relating to an FCPA investigation.
- Checkpoint Systems, a New Jersey-based manufacturer of retail anti-theft systems, and individual officers, in a class action in the US District Court for the District of New Jersey, over the company’s restatement of its tax accounting expense in 2015.
- Weatherford International, an oilfield services provider, and individual officers, in federal securities class actions in the US District Court for 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 for-profit hospital chain in the US, in a Section 11 securities class action in the US District Court for the Middle District of Tennessee challenging disclosures in the offering materials for its 2011 initial public offering.
- Booz Allen, a consulting services firm, and individual officers in a federal securities fraud jury trial in the US District Court for the Southern District of New York.
- K12, an online education company, and individual officers, in a federal securities class action in the US District Court for the Eastern District of Virginia.