Thomas A. Woods Experience Tom Woods practices in the firm's Trial and Litigation practice groups. His experience involves complex civil litigation in state and federal courts. In 2004, Tom began defending Fortune 500 companies in product liability, wrongful death and consumer fraud actions in individual cases, state coordinated proceedings and multidistrict litigation (“MDL”). Since joining Stoel Rives in 2011, Tom’s practice has diversified, and he serves as counsel for plaintiffs and defendants—and as a product labeling advisor—to mid and large size corporations facing litigation in state and federal courts, as well as at arbitration. He also assists companies with “bid protests” involving proposals for state and county contracts for government procurement of goods and services. Of Counsel Tom's litigation matters frequently involve claims of breach of contract; unfair, unlawful and fraudulent business and advertising practices; breach of warranty; Sacramento, CA misrepresentation; and violations of various state and federal regulations and (916) 319-4748 direct statutes. He has provided his services to companies asserting and defending claims in industries including healthcare; medical device, pharmaceutical and household product manufacturing; metal recycling; and banking and lending. Tom is currently (916) 447-4781 fax thomas.woods@stoel.com the firm’s lead California counsel supervising a litigation team defending banks and Education other lending institutions in cases involving alleged violations of the Truth in Lending University of the Pacific, McGeorge Act (“TILA”), the Real Estate Settlement Procedures Act (“RESPA”), state and federal School of Law, J.D., 2000, with Fair Debt Collection Practices Act (“FDCPA”) and the California Business and distinction Professions Code section 17200, et seq. (“UCL”), including claims for breach of Alumni Scholarship Award Traynor Honor Society Emil E. Gumpert Trial Advocacy Award contract and all derivations of fraud. Before joining Stoel Rives, Tom was of counsel in the litigation department at Greenberg Traurig LLP (2008-2011) and an associate with Shook, Hardy & Bacon L.L.P. University of Southern California, B.A., International Relations 1996, cum (2004-2008). Before going into private practice, Tom was in the U.S. Navy JAG Corps laude (2001-2004), where he served as trial defense counsel in over 60 misdemeanor and felony-level criminal prosecutions. Tom was also selected by the Department of the Admissions Navy and Department of Justice to serve as trial defense counsel for the U.S. All California State Courts Attorney's Office, Southern District of California (2002-2004), where he defended the U.S. District Court for the Central United States as a Special Assistant U.S. Attorney in over 50 civil lawsuits filed pursuant to the Federal Tort Claims Act, Title VII, Freedom of Information Act and other statutory schemes for the alleged acts and omissions of employees of the U.S. Navy, acting within the course and scope of their federal employment. District of California District of California U.S. District Court for the Northern District of California U.S. District Court for the Southern Representative Work COMMERCIAL LITIGATION AND BID PROTESTS U.S. District Court for the Eastern District of California U.S. Court of Appeals for the Ninth Circuit All military trial courts and Courts of Appeal Thomas A. Woods Tom recently collaborated with Stoel’s patent litigators to represent a national medical device manufacturing client’s defense of a patent infringement case in the Eastern District of California; after a motion to dismiss was sustained with leave to am end, the team successfully opposed a motion for preliminary injunction seeking to halt all client sales of the product in disput e. As lead counsel in a weeklong arbitration for a national metal recycler, obtained an award in favor of the client on its indemnity, breach of contract and misrepresentation claims against a selling party to a multimillion-dollar asset purchase agreement; obtained a complete defense of the selling party’s multimillion-dollar counterclaim. The firm’s lead litigation and trial counsel in over 40 cases for a national loan servicing company (and various banks as trustees) in defense of litigation involving: real estate title misappropriation, improper loan securitization and REIT issues, breach of contract, and TILA and RESPA violations as well as consumer fraud claims; many of these cases have been resolved with dismissals at the pleading stage or before. In the Eastern District of California, successfully opposed a motion for preliminary injunction brought against a financial institution and loan servicer for alleged violations of California Civil Code Section 2923.5 and the California’s Homeowner’s Bill of Rights governing loan modifications. Lead and assisting counsel for private companies asserting and opposing bid protests for state and county governments’ proposed procurement of goods and services in areas including, but not limited to: county and city red light traffic enforcement; state drug diversion program operation;* and state budgeting and financial management auditing. *This specific engagement was performed prior to joining Stoel Rives LLP. REGULATORY COMPLIANCE MATTERS Counsel to several food and beverage industry companies, providing product labeling and literature advice in the context of California’s Unfair Competition, Advertising and Health and Safety laws, including the California Business and Professions Code sections 17200, et seq. and 17500, et seq., as well as the California Food, Drug, and Cosmetic Law. In a consumer protection/false advertising action venued in Alameda County, successfully opposed the State of California's motion for preliminary injunction seeking to enjoin client's sale of medical devices in California where the injunction sought was overbroad and multiple substantial justifications were offered supporting sales of particular FDA-regulated medical products.* People of the State of California v. Pro's Choice, et al., Superior Court, County of Stanislaus: In a consumer protection/false advertising action, successfully opposed the State of California's motion for preliminary injunction seeking to enjoin two retailer clients' sale of hair care products alleged to contain excessive VOCs. Advised numerous national clients on matters related to Section 510(k) and Supplemental 510(k) submissions for medical device marketing clearance in the United States, Proposition 65 warning labels and compliance issues related to ad vertising in marketing. *This and the following matters were performed prior to joining Stoel Rives LLP. MASS ACTIONS, HEALTHCARE-RELATED AND UNFAIR COMPETITION DEFENSE Thomas A. Woods Gonzalez v. Compass Vision, Inc., et al. and Fujisawa v. Compass Vision, Inc., et al.: Drafted successful summary judgment motions in two mass tort cases (negligent drug testing cases) disposing of indemnity actions related to over 10 plaintiffs' cases in two federal courts; substantial attorneys' fees claim settled favorably for medical industry client. Federal class action experience as counsel responsible for all aspects of litigation in class actions, including cases involving wage and hour claims and California Business and Professions Code section 17200 violations. In Re: Gadolinium Contrast Dyes Products Liability Litigation, MDL No. 1909: Local counsel for contrast agent manufacturer and responsible for litigation and discovery strategy, as well as national expert witness retention and preparation. In Re: Guidant Corp. ICD Products Liability Litigation, MDL No. 1708: Local counsel in Southern California for implantable cardioverter defibrillator (ICD) manufacturer; responsible for discovery, witness interviews and successful dispositive and Daubert motion practice. In Re: PPA Products Liability Litigation, MDL No. 1407: Local counsel responsible for over-the-counter drug manufacturer's discovery plans, discovery and mediation briefs in MDLs and state coordinated proceeding in Los Angeles related to phenylpropanolamine (PPA) and hemorrhagic stroke. In defense of one of the first gynecologic surgical mesh cases in Los Angeles County, prepared successful motion for summary adjudication disposing of multimillion-dollar product liability, unfair competition and medical privacy claims against the national product manufacturer. Represented a major medical device manufacturer as second chair trial counsel in a month-long products liability trial venued in Los Angeles County. OTHER REPRESENTATIVE MATTERS Carl R. Benevidez v. Secretary of the Navy, 67 Fed. Appx. 486 (9th Cir. 2005) successful respondent's brief in Title VII action alleging discrimination based on race/national origin. Larry R. James v. Gordon R. England, 120 Fed. Appx. 100 (9th Cir. 2005) successful respondent's brief to the Ninth Circuit Court of Appeals available online in employment discrimination case. Carol Sibbald v. Hansford T. Johnson, 294 F. Supp. 2d 1173 (S.D. Cal. 2003) opinion granting Secretary of the Navy's motion for summary judgment in Title VII action alleging retaliation and discrimination based on gender. Successfully defended the United States and Department of Veterans Affairs at trial as second chair trial counsel in a Federa l Tort Claims Act arising out of claims of a personal injury from a shuttle-bus incident. Achieved a defense verdict on contested charges in a felony-level General Court-Martial while with the U.S. Navy JAG Corps Professional Honors and Activities Member, American Bar Association Advisory Committee, Sacramento Area Regional Technology Alliance (SARTA), 2012-present Board Member, Programs Committee, Federal Bar Association, Sacramento Chapter, 2012-present Thomas A. Woods Member, Defense Research Institute (DRI), Drug and Medical Device Committee Presentations "Judgment Enforcement," Lorman Education Services, Mar. 2009 Publications "An Update on 'State-of-the-Art' in California Products Liability Cases," Stoel Rives Products Liability Law Alert, July 18, 2012 "California Buyer's Remorse Litigation: The Latest Round of ILSA Litigation is Further Complicated by California's Subdivided Lands Act" (coauthor), California Real Property Journal, Spring 2012 "'All Natural' Class Action Litigation in California—Trend Will Continue in 2012," (coauthor), Guide to U.S. Food Labeling Law, Feb. 2012 "Tort Wars: The California Legislature Strikes Back," Law360, Mar. 7, 2012 "Labels Matter in California 'All Natural' Claims," Law360, Jan. 24, 2012 "Facing State Enforcement Actions," Law360, Jan. 9, 2012 "'All Natural' Class Action Litigation in California: What's in Store for 2012?," Stoel Rives Litigation Law Alert, Dec. 20, 2011 "What Companies Need to Know as FDA Warning Letters Allege 'Misleading Ads' for 'Lap-Band' Surgeries - and California Regulators Take Notice," Stoel Rives Litigation Law Alert, Dec. 21, 2011