Thomas J. Klitgaard
is a Lawyer in San Francisco, CA
Areas of Law
- Alternative Dispute Resolution
- Corporate Law
- Intellectual Property
- International Law
- Commercial Litigation and Appeals
- Patent Law
- Technology and Science
- Domestic and International Arbitration and Mediation
- Antitrust
- Intellectual Property
- International Law
Experience & Credentials
| Admission Details | Federal District Courts in California beginning 1963
United States Court of Appeals for the Ninth Circuit 1964
United States Supreme Court 1967 | | Education | ˇ Graduate, The Amos Tuck School of Business Administration Executive Program, Dartmouth College, 1990
ˇ Graduate, Monterey Institute of International Studies, Training for Service Abroad, Mandarin Chinese Language Program, 1979
ˇ LL.B., University of California at Berkeley Law School (Boalt Hall), 1961; Editor-in-Chief, California Law Review
ˇ Graduate, United States Army Guided Missile School, Computers, Electronics, Antiaircraft Guided Missile Systems, Fort Bliss, Texas, 1956-1957
ˇ A.B., Summa Cum Laude, University of San Francisco, 1956 | | Birth Information | Tacoma, Washington, April 18, 1934 | | Languages | Conversational Mandarin Chinese | | Military | Lieutenant, United States Army Artillery, Active Duty 1956-1958
Lieutenant, Captain, United States Army Infantry, Reserves 1958-1964 | | Associations & Memberships | Current Professional Activities:
Member, College of Commercial Arbitrators
Member, American Bar Association, Antitrust, Dispute Resolution, Intellectual Property Sections
Member, American Intellectual Property Law Association
Member, Northern California International Arbitration Club
Co-Chair, Northern California Membership Committee, United States Supreme Court Historical Society
Prior Professional Activities:
Chair, California State Bar Committee on the Maintenance of Professional Competence
Chair, Advisory Board, Institute for Law and Technology, Plano, Texas
Director, American Arbitration Association
Arbitrator, Hong Kong International Arbitration Centre | | Certifications | Rated AV in Martindale-Hubbell?s 2010 Directory of California Lawyers. | | Awards & Recognition | Member, College of Commercial Arbitrators 2008
Certified Mediator, International Mediation Institute, The Hague, The Netherlands 2009
Certificate of Honor Issued by President Liu Guanquan, Shanghai International Business Institute, ?For Outstanding Contributions and Remarkable Achievements for the Advanced Manager?s Program Jointly Run by the City of Shanghai and the City of San Francisco?
Some Comments by Participants in Mediations Conducted by Mr. Klitgaard?.
?Mr. Klitgaard is a great mediator. He went beyond most mediators I have dealt with.?
?He is able to work with diverse parties and issues.?
?He maintained the respect of both parties and successfully used various methods to reduce tension and maintain civil discourse.? | | Speaking Engagements | Some Information that You May Need to Have to Help Put Emerging China into Perspective for You and Your Grandchildren, San Francisco Committee on Foreign Relations (2010)
The Mediation of International Commercial Disputes, Successful Techniques, Northern California International Arbitration Club (2009)
The Foreign Corrupt Practices Act, Dealing with Corruption or Attempts to Corrupt in International Business Transactions, Graduate School of Business Administration, San Francisco State University (2009)
The Arbitration of International Business Disputes, Effective Practices under Differing Rules of Procedure, Graduate School of Business Administration, Sam Francisco State University (2008)
How Chinese State Owned Companies Can Identify and Manage Cost Effective Legal Services Which Are Necessary for Their Expansion into the United States Though Sales or Mergers, Shanghai Economic Management College (2007)
Arbitration in the People's Republic of China, Northern California International Arbitration Club (2005)
How to Obtain the Best Results In International Arbitration, Association for Transportation Law, Logistics and Policy (2001)
How to Succeed in the Practice of International Law in the New Millennium, Institute for International and Comparative Law, Dallas, Texas (2001)
Litigation, Indemnification, and D&O Policy Coverage, Directors College, Stanford Law School (1997, 1996, 1995)
Drafting Arbitration Clauses for International Contracts, American Bar Association (1997)
What is a Fair Use of Copyright and Trademark?, Symposium on Antitrust/ Intellectual Property Claims in High Technology Markets, Third Annual Advanced ALI-ABA Course of Study for Plaintiffs? and Defendants? Bars and In-house Counsel (1997)
Personal Jurisdiction and Choice of Law in Disputes Over Real Interactions in Cyberspace, The Computer Law Association (1996)
The Transnational Arbitration of High-Tech Disputes, The Institute for Transnational Arbitration (1996)
Transferring International Technology - Modern Methods of Negotiating Technology Transfer Agreements with Chinese Organizations, San Francisco Global Trade Council (1996)
Resolving Trade and Investment Disputes with China, Institute for International Law & Business (1994)
ADR Provisions - Agreeing Upon and Drafting Pre-Dispute and Post-Dispute, American Intellectual Property Law Association (1993)
Circumstances Where ADR Is Appropriate and Not Appropriate, American Intellectual Property Law Association (1993)
Intellectual Property and Technology Issues, The Conference Board (1992)
High Technology Dispute Resolution, The Bar Association of the City of New York (1989)
Doing Business with the People?s Republic of China, Commonwealth Club of California Business Economics Section (1986)
Negotiating with Chinese Entities, Skills and Challenges, The Chinese Cultural Foundation of San Francisco (1984)
Subject Matter Jurisdiction, 17th Annual Advanced Antitrust Law Seminar, International Trade and the Antitrust Laws, Practicing Law Institute (1977)
Trade Secret Litigation, California Continuing Education of the Bar (1975) | | Pro Bono Information | Current Community Service
Member, Council of Advisors, San Francisco Bay Area Council, Boy Scouts of America
Member, Graduate Business School Advisory Council, San Francisco State University
Prior Community Service
Trustee, University of San Francisco
Trustee, Asian Art Museum, San Francisco
Chair, Board of Directors, Chinese Cultural Foundation of San Francisco
Director, San Francisco-Shanghai Friendship City Committee
Legal Counsel, Little Sisters of the Poor of Oakland, California
Legal Counsel, The Junior League of San Francisco, Inc. | | Publications | How to Choose the Right Attorney in the United States for Chinese Companies (to be published in the People?s Republic of China in Chinese by The Beijing Arbitration Commission, 2011)
Standards for Awards of Attorney?s Fees in the United States Federal District Courts for the Ninth Circuit (to be published in the People?s Republic of China in Chinese by The Beijing Arbitration Commission, 2011)
Entitlement to Damages for Lost Profits in the United States Arising From Liability for Patent Infringement in the United States (to be published in the People?s Republic of China (to be published in the People? Republic of China in Chinese by The Beijing Arbitration Commission, 2011)
Entitlement to Damages for a Reasonable Royalty in the United States Arising From Patent Infringement in the United States (to be published in the People?s Republic of China (to be published in the People? Republic of China in Chinese by The Beijing Arbitration Commission, 2011)
Asian Legal Systems Reference Book, 6th Edition; Cambodia, China, Hong Kong SAR, Indonesia, Japan, North Korea, South Korea, Laos, Malaysia, The Philippines, Singapore, Taiwan, and Vietnam, University of San Francisco School of Law (2010)
The Context for Innovation in Japan: Comparative Competitive Aspects and Some Practical Comments, 21 Canada-United States Law Journal 55 (1995)
Arbitration Laws and Dispute Resolution in The People?s Republic of China: Recent Developments, Symposium on Private Investments Abroad -- Problems and Solutions in International Business, Matthew Bender & Company (1992)
Remembrances of William O. Douglas on the 50th Anniversary of his Appointment to the Supreme Court, Journal of Supreme Court History (1992) (contributor)
High Technology Disputes: The Minitrial as the Emerging Solution, 8 Santa Clara Computer and High Technology Law Journal 1 (1992) (co-author)
Preferential Treatment for Foreign Investment in The People?s Republic of China: Special Economic Zones and Industrial Development Districts, 7 The Hastings International and Comparative Law Review 377 (co-author) (1984)
People?s Republic of China Joint Venture Dispute Resolution Procedures, 1 UCLA Pacific Basin Law Journal 1 (1982)
The Civil Rights Act and Mr. Monroe, 49 Cal. L. Rev. 145 (1961), reprinted in Selected Essays on Constitutional Law, Association of American Law Schools, West Publishing Co. (1963)
Criminal Law: Doubt as to Defendant?s Sanity at Time of Trial, 48 Cal. L. Rev. 318 (1960)
Constitutional Law: Power of Legislative Committees to Compel a Witness to Reveal Communist Affiliations, 47 Cal. L. Rev.930 (1959) | | Additional Bio Details | Tom as he prefers to be called is a highly experienced domestic and international commercial arbitrator and mediator. He maintains an active law practice in a variety of areas including commercial law, patent litigation relating to validity, infringement and malpractice, and domestic and international contracts including distribution agreements.
Tom has thirty years experience in China and the Far East. He has made friends and built relationships over the years with persons at all levels of business and government in the People?s Republic of China, and has worked for twenty years with the Shanghai Municipal Government Foreign Affairs Office and China?s State-Owned Assets Supervision and Administration Commission, Pudong Branch, on a business executive management training program for mid-level managers in companies owned in part or in whole by the Chinese government.
Tom grew up in San Francisco and Oakland, went to high school and college in San Francisco and has been active in the San Francisco community for many years. He is married to the former Patricia Wright Lewis, from Lima, Ohio, who has been president of the non-profit organization Meals on Wheels in San Francisco, which provides meals for the elderly and shut-ins, and of WAIF, the national child adoption agency formed by the late actress Jane Russell. Pat currently is a Trustee of the Cheetah Conservation Fund in Namibia.
Professional Profile
Law Clerk, United States Supreme Court Justice William O. Douglas, 1961-1962
Associate, Gibson, Dunn & Crutcher, Los Angeles, 1963-1964
Associate, Pillsbury, Madison & Sutro, San Francisco, 1964-1971
Partner, Pillsbury, Madison & Sutro, San Francisco, 1971-1985
Vice President, Senior Vice President, General Counsel and Corporate Secretary, Tandem Computers Incorporated, Cupertino, California, 1985-1992
Senior Vice President and General Counsel, Sega of America, Inc., Redwood City, California, 1992-1996
Partner, Dillingham & Murphy, LLP, San Francisco 1997-present
Visiting Professor, Real Property Secured Transactions, Uniform Commercial Code, University of California at Berkeley Law School (Boalt Hall), 1967-1968
Adjunct Professor, Corporate Law and Partnerships, University of California at Berkeley Law School (Boalt Hall) 1997
Adjunct Professor, Asian Legal Systems, University of San Francisco School of Law, 2002-present
Litigation Experience
ˇ Litigator at law firms: antitrust, commercial, engineering, financial, intellectual property, lawyer malpractice, railcar and securities disputes, trials, appeals, and public agency hearings, 1967-1985, 1997-present
ˇ Litigator at corporations: commercial, employment, financial, intellectual property, international distributorships, licensing, and securities law disputes, including mini-trials before senior executives from opposing companies, 1985-1996
ˇ Arbitrator and Mediator, United States and International: commercial, distribution, employment, financial, intellectual property, investment, licensing, and technology disputes, 1987-present
ˇ Special Master: Claims for Attorney?s Fees, Discovery Disputes, and Mediation of Complex Private Investment Disputes and Public Interest School District Desegregation Plan Disputes, United States District Court, Northern District of California, 1997-intermittent
ˇ Member of the Panels of Arbitrators and Mediators, American Arbitration Association (domestic, complex cases), International Centre for Dispute Resolution, New York
ˇ Member of the Panel of Arbitrators, Beijing Arbitration Commission
ˇ Member of the Panel of Appellate Mediators, California Court of Appeal, First Appellate District, San Francisco
ˇ Member of Panel of Civil Mediators, San Francisco Police Department Office of Citizen Complaints
ˇ Certified Mediator, International Mediation Institute, The Hague, The Netherlands
Pacific Rim Experience
ˇ Commercial contracts, distribution agreements, joint venture agreements, technology transfer agreements involving China, Japan, and other countries on the Pacific Rim, 1979-present
ˇ Chair for twenty years of management training program for mid-level managers jointly conducted by the San Francisco-Shanghai Friendship City Committee with the Shanghai Municipal Government Foreign Affairs Office and more recently with the Shanghai Economic Management College and China?s State-Owned Assets Supervision and Administration Commission, Pudong Branch, 1984-2009
ˇ Arbitrations, litigation, mediations, and business negotiations involving Asian and Pacific Rim business entities, 1985-present
Business, Corporate Experience
ˇ Acquisitions and mergers, commercial contracts, employment agreements, international product distribution and representative agreements, joint venture agreements, real property acquisition and financing, domestic and international taxation and tax accounting, technology acquisition and development (patent and software licenses, original equipment manufacturing agreements), and one time projects involving ERISA, hydroelectric generator projects, international ocean freight agreements, levee construction and engineering, and publishing agreements, 1963-present
ˇ Compliance with Federal, State and Foreign antitrust laws and the Foreign Corrupt Practices Act, compliance with corporate record keeping and reporting requirements under the Federal Securities laws, conducting internal investigations for corporations, protecting directors? and officers? interests under directors? and officers? liability insurance policies, supervising corporate security functions, and evaluating claims of patent infringement by and against corporations, 1985-present
Antitrust Experience
ˇ Current: Antitrust advice to Japanese consumer products company on antitrust issues in the United States.; Antitrust advice to Taiwanese-owned electronics company on program for complying with United States Antitrust Laws
ˇ Lecturer at the University of San Francisco Law School on antitrust laws of China and other Asian Countries as compared to antitrust laws of the United States and the European Union
ˇ Recent: Advocate and expert witness for Chinese company in dispute involving application of United States antitrust laws to activities of an American company in China and in the United States
ˇ Past: preparation of antitrust guidelines for American companies when dong business in the United States and overseas, and for Japanese companies when doing business in the United States; general antitrust advice to numerous businesses in the United States on the Federal and State Antitrust Laws
ˇ Responsible for domestic and international antitrust compliance as Senior Vice President and General Counsel of Sega of America, Inc., and as Senior Vice President and General Counsel of Tandem Computers Incorporated
ˇ Litigation in the Federal Courts, including the United States Supreme Court, of antitrust cases involving a wide range of industries and issues
ˇ Grand jury investigations in the United State of alleged price fixing and other alleged anti-competitive activity
Antitrust Litigation
Cases worked on at United States Supreme Court as Law Clerk for Justice William O. Douglas (October Term 1961)
A. Opinions
1. St. Regis Paper Co. v. United States, 368 U.S. 208 (1961) (FTC Act, reporting)
2. Federal Trade Commission v. Henry Brock & Co., 368 U.S. 360 (1962) Clayton Act)
3. Poller v. Columbia Broadcasting System, 368 U.S. 464 (1962) (Clayton Act, Sherman Act)
4. California v. Federal Power Commission, 369 U.S. 482 (1962) (Clayton Act, Federal Power Commission Act)
5. United States v. Diebold, Inc., 369 U.S. 654 (1962) (Clayton Act, Failing Company Defense)
6. Sunkist Growers v. Winckler & Smith Citrus Co., 370 U.S. 19 (1962) (Sherman Act, Clayton Act)
7. Brown Shoe v. United States, 370 U.S. 294 (1962)(Clayton Act)
8. United States v. Wise; 370 U.S. 405 (1962) (Sherman Act, Clayton Act)
9. United States v. Borden Co., 370 U.S. 460 (1962) (Robinson-Patman Act, Clayton Act)
10. Continental Ore Co. v. Union Carbide Corp., 370 U.S. 690 (1962) (Sherman Act, Clayton Act)
B. Appeals, Petitions for Certiorari
11. No. 127, Standard Drug. Co. v. General Electric Co. (photo flash bulbs, Virginia Fair Trade Act, McGuire Act, Sherman Act) (appeal)
12. No. 257, Pan American World Airways v. U.S. (airlines, Sherman Act)
13. No. 286, U.S. v. Diebold (safe manufacturer, acquisition of assets, Clayton Act, failing company defense) (appeal)
14. No. 431, Parmelee Transportation Co. v. Keeshin (railroads, inter-terminal transportation of baggage and passengers, Sherman Act)
15. No. 488, U.S. v. Wise (liability of corporate officer for violation of Sherman Act where acting solely in representative capacity)
16. No. 511, LA Meat & Provisions Drivers Union v. U.S. (restaurant grease peddlers, conspiracy, Sherman Act)
17. No. 583, U.S. v. Pan American World Airways (airlines, Sherman Act)
18. No. 619, White Motor Company v. United States (truck manufacturer, agreement limiting territories, customers, and fixing resale prices, Sherman Act per se) (appeal)
19. No. 762, U.S. v. Kniss & Masters (liability of corporate officers for violations of Sherman Act where acting solely in representative capacity)(companion to No. 488, U.S. v. Wise)
20. No. 841, Schwabe v. United Shoe Machinery (shoe machines, monopolization, expert testimony, damages, Sherman Act)
Cases worked on at Pillsbury, Madison & Sutro
(now Pillsbury Winthrop):
United States v. Citizen Publishing Company (Sherman Act, Section 1)
United States v. Standard Oil Company (American Samoa) (Section 1, Section 2)
Perkins v. Standard Oil Company of California (Robinson-Patman)
Western Liquid Asphalt Cases (Section 1, Section 2) (class action)
Olympic Refining Company v. Standard Oil Company of California (Section 1, Section 2)
Utah Sugar Cases (Section 1, Section 2) (class action)
Hawaii v. Standard Oil (Section 1) (class action)
Alltrans Express v. Del Monte (Section 1, Section 2)
Numerous other antitrust cases including class actions
Academic Experience
ˇ Adjunct Professor of Asian Law, University of San Francisco (legal systems of Cambodia, China, Hong Kong SAR, Indonesia, Japan, North Korea, South Korea, Laos, Malaysia, Myanmar, The Philippines, Singapore, Taiwan, Vietnam), 2002- present
ˇ Visiting Lecturer, San Francisco State Graduate School of Business Administration, Foreign Corrupt Practices Act, 2009
ˇ Guest Lecturer, Shanghai Economic Management College, Legal Considerations for Chinese Companies when Expanding into the United States through acquisitions or sales, 2007
Some Comments by Students (2010):
?The class is very well prepared. The professor is obviously very experienced in and knowledgeable in Asian legal systems. He cares about his students and he is enthusiastic about teaching. Above all, it is an entertaining and fun class.?
?Tom devotes more preparation to this course than any professor I?ve ever had. His passion for teaching the subject is truly extraordinary. I cannot imagine him ever doing anything half-way. It has been a great pleasure.?
?Professor Klitgaard effectively communicated a wealth of personal experience and knowledge into a couple short hours per week which was only possible because of the very apparent amount of extra hours he spent outside of class preparing the material and organizing his lectures. Even more than the particularized attention we spent analyzing the actual letter of the law in some dozen countries, Professor Klitgaard shared his own real-life experiences and those of honored guest speakers which were invaluable. The words were gold in our pockets.?
?Loved the class, especially CORRUPTION and BRIBERY. Thank you for the class.? |
Office Information
Thomas J. Klitgaard
225 Bush Street, Sixth Floor
San Francisco, CA 94104-4207
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