Thomas S. Brown

Of Counsel

Overview

Thomas S. Brown is a trial lawyer who solves problems for clients across diverse legal industries.

Tom is the hiring partner in Foley and Lardner LLP’s San Francisco office. He is also a member of the firm’s Government Enforcement Defense & Investigations Practice Group and its Recruiting Committee. 

Tom represents companies and individuals in parallel criminal matters and enforcement proceedings in both state and federal courts. A former prosecutor for 16 years, Tom now regularly appears on behalf of clients facing serious and high profile charges in state court criminal matters throughout California.  

Tom is also a member of the firm’s Securities Enforcement & Litigation and State Attorneys General Practice Groups. He has represented an investment bank and research group in responding to a FINRA examination of the firm’s research practices and has defended a former investment advisor in both a civil lawsuit and criminal investigation alleging investment fraud and misappropriation of client funds. More recently, he represented a cannabis pesticide company in connection with an investigation by the California Division of Pesticide Regulation over allegations that it mislabeled its products.  

Tom works closely with the Health Care Practice Group and has substantial experience handling False Claims Act matters. He represented a group of neurosurgeons in connection with a False Claims Act investigation arising out of a whistleblower allegation concerning possible billing irregularities for conducting overlapping and concurrent surgeries and negotiated a deferred prosecution agreement and settlement of a False Claims Act investigation on behalf of an ambulance company over allegedly improper contractual swapping arrangements. He has also represented physicians facing administrative and disciplinary proceedings brought by the Medical Board of California.  

In addition to his criminal defense practice, Tom represents individuals being investigated for alleged violations of university Title IX policies. He has obtained the set aside of a suspension in a Title IX action by a university against a student facing allegations of improper sexual conduct and abuse against a fellow student.  

Before entering private practice, Tom was a deputy district attorney for the Marin County District Attorney’s office, where he prosecuted more than 50 jury trials and prepared over 200 cases for trial. His experience includes felony prosecutions of high-profile criminal cases and civil litigation in the areas of consumer protection, insurance fraud and asset forfeiture.

As a consumer protection deputy, Tom, investigated and litigated unfair business practice, false advertising, environmental abuse, Brown Act, and public corruption cases. He also investigated and prosecuted over 50 insurance fraud cases in coordination with insurance companies and their special investigations units.

Tom served as a felony department trial team coordinator, managing a trial team specializing in prosecuting serious and violent offenses. He presented cases to criminal grand juries, reviewed law enforcement and investigative reports to determine whether a prosecution was warranted, and served as a liaison to local law enforcement agencies.

Recognition

  • President, Marin County Bar Association (2018)
  • Past President, Marin County Bar Association (2019)
  • Chambers USA, Leading Practice Groups for Criminal Defense: White Collar (2018 - 2019)

Education

  • University of San Francisco, School of Law (JD, 1995)
    • Literary Editor, U.S.F. Maritime Law Journal
    • National Admiralty Moot Court Competition
  • University of California, Berkeley (BA, English, 1990)

Admissions and Professional Memberships

  • California
  • Northern District of California
  • Eastern District of California
  • Central District of California
  • U.S. Court of Appeals for the Ninth Circuit
  • Marin County Bar Association
  • Bar Association of San Francisco
  • Association of Business Trial Lawyers
  • Judicial Evaluation Committee, Marin County Bar Association
  • Alternate Defenders Inc., Marin County