Zachary Tobolowsky
PEOPLE

Zachary Tobolowsky

Associate
tobolowsky.zachary@dorsey.com

Overview

Zach represents companies and individuals in a wide variety of complex business disputes in both federal and state courts throughout the country. A passionate advocate and counselor for both plaintiffs and defendants, Zach assists his clients in all stages of litigation, from pre-suit negotiation through trial and appeal, and works tirelessly to achieve the best possible result for his clients.

Zach is a trusted associate in Dorsey’s Commercial Litigation and Trial Group. His practice focuses on complex business disputes, and he has represented clients from a broad range of industries. Zach has handled a wide variety of high-stakes lawsuits involving a broad spectrum of commercial and intellectual property disputes, including breach of contract, fraud, trade secret misappropriation, tortious interference, breach of fiduciary duty, unfair competition, trademark and trade dress infringement, patent infringement, copyright disputes, antitrust claims, DTPA violations, UCC violations, the Computer Fraud and Abuse Act (CFAA), insurance coverage, employment disputes, and various other business torts.

Zach has substantial experience in all phases of litigation—including drafting pleadings, preparing critical briefs and motions, handling all aspects of discovery, presenting oral arguments at hearings, obtaining favorable settlements for his clients, and presenting evidence and examining witnesses at trial. Zach has successfully drafted and presented oral arguments on various dispositive motions before both states and federal courts throughout the country, including in Texas, California, Delaware, and New York.

Zach has an impressive academic record with honors in both college and law school. Zach received a B.A. in political science from Yale University, where he was a multi-year starter on Yale’s baseball team and was named the Most Valuable Freshman Player. He also served as President of Yale’s Special Olympics Organization and spent a summer studying at the London School of Economics. Zach received his J.D. from Southern Methodist University Dedman School of Law, where he graduated cum laude, was elected President of the SMU International Law Review Association, and served as a student attorney in SMU’s Civil Clinic. While in law school, Zach completed a judicial externship with the Honorable Harlin D. Hale of the U.S. Bankruptcy Court for the Northern District of Texas.

Prior to joining Dorsey, Zach was a senior associate at Munck Wilson Mandala, LLP, where he handled both complex commercial litigation and intellectual property litigation matters.

Education & Admissions

Southern Methodist University Dedman School of Law (J.D., 2017),

  • cum laude
  • President of SMU International Law Review Association
  • Dean’s List
  • Law Dean’s Scholarship Recipient
  • Best Law Review Comment (ILRA)
  • SMU Board of Advocates, ABA Arbitration Competition, Regional Semifinalist

Yale University (B.A., Political Science, 2012),

  • Varsity Baseball Letterman
  • David M. Darst Award for Most Valuable Freshman player
  • President of Yale Special Olympics Organization

London School of Economics and Political Science (Summer Program, International Trade & Development, 2011)

Admissions

  • Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas

Experience

Representative Experience

  • Represented one of the largest U.S. airlines in lawsuits against online travel agencies involving claims of trademark infringement, Computer Fraud and Abuse Act (CFAA) violations, and breach of contract, and successfully obtained permanent injunction against online travel agencies.
  • Served as lead associate for international pharmaceutical company and its domestic and foreign affiliates in a lawsuit alleging patent infringement, trade secret misappropriation, trade dress infringement, breach of contract, unfair competition, and other business torts relating to injection training technology. Took depositions, handled discovery and motion practice, and successfully obtained dismissal of various claims and defendants, and invalidated various asserted patent claims.
  • Served as lead associate for the credit/financing arm of the world’s largest automotive manufacturer in a lawsuit involving claims of UCC violations, fraud, breach of contract, and DTPA violations. Successfully drafted and presented oral argument on motion to dismiss that resulted in complete dismissal of all claims against the client.
  • Represented specialty finance firm in a collective action lawsuit involving claims of fraud, breach of contract, conspiracy/aiding and abetting, and FLSA violations. Took depositions, handled discovery and motion practice, and drafted successful motion for summary judgment that resulted in a complete judgment on all claims in favor of the client.
  • Served as lead counsel for national insurance company in a lawsuit against a commercial fire protection systems provider. Handled negotiations at mediation and secured favorable settlement for the client.
  • Represented Chinese technology company in proceedings before the International Trade Commission and Federal Circuit Court of Appeals involving claims of patent infringement relating to electric hoverboards. Obtained ITC Final Determination of non-infringement in favor of the client and favorable decision on appeal precluding patent owner from reasserting patent claims.
  • Served as lead associate for institutional oil and gas brokerage firm in multiple FINRA arbitrations that resulted in favorable settlements for the client.
  • Served as co-trial counsel for grocery store chain in a lawsuit against former employee for breach of contract and temporary restraining order, and successfully obtained a trial verdict and award of attorneys’ fees in favor of the client.
  • Represented commercial lender in a receivership action against global relocation and moving/storage company, and successfully obtained an order appointing a receiver to take possession of all assets belonging to the debtor.
  • Served as lead associate for foreign cybersecurity firm in a lawsuit alleging breach of contract, breach of fiduciary duty, fraud, and professional negligence relating to services provided to a global cryptocurrency exchange platform.
  • Served as lead associate for commercial construction company in a lawsuit alleging breach of fiduciary duty and trade secret misappropriation arising from the sale of LLC membership interests.
  • Represented a “Business Process as a Service” (BPaaS) technology company in a lawsuit filed by a payroll and HR services provider alleging breach of contract arising out of a copyright and ownership dispute relating to proprietary software program.

News & Resources

Legal Writings

  • Brazil Finally Cleans Up Its Act with the Clean Company Act: The Story of a Nation’s Long-Overdue Fight Against Corruption, 22 L. Bus. Rev. Am. 383 (2016).
  • Co-Author, Fallout: After the Supreme Court’s Bankruptcy Decisions of 2015, The Federal Lawyer (Jan./Feb. 2016).

Industries & Practices

Cybersecurity, Privacy & Social Media
Securities & Financial Services Litigation & Enforcement
  • Banking & Financial Institutions
  • Closely Held Businesses
  • Commercial Litigation
  • Cybersecurity, Privacy & Social Media
  • Energy & Natural Resources
  • Healthcare Litigation
  • Intellectual Property Litigation
  • Labor & Employment
  • Oil & Gas
  • Private Equity
  • Securities & Financial Services Litigation & Enforcement
  • Technology
  • Trademark, Copyright & Advertising

Professional & Civic

Professional Achievements

  • American Bar Association
  • Dallas Bar Association
  • Dallas Association of Young Lawyers
  • Federal Bar Association, Member
  • The Patrick E. Higginbotham American Inn of Court, Associate Member (2019-2021)

Community Involvement

  • Yale Alumni Schools Committee, Interviewer for Yale Admissions Office
  • Sandlot Children’s Charity, Board Member

Accolades

  • Texas “Rising Stars” for Business Litigation, Super Lawyers, Thomson Reuters, 2022
Zachary Tobolowsky