Thomas J. Sawyer

Biography

Throughout his more than 30-year career, Tom has represented employers in a broad spectrum of employment matters, including wage and hour, discrimination, and employee termination. He is known particularly for his employee defection work, including drafting and enforcing non-competes and other employment-based restrictive covenants, and litigating related contract, fiduciary duty, trade secret, tortious interference, conspiracy, and unfair competition disputes.

Tom's clients include national and international companies, as well as numerous local companies based in the Washington, D.C. area. He has particularly deep experience counseling technology and government contracting companies on employment issues and representing them in related litigation.

Prior to joining the firm, Tom was the head of the Labor & Employment practice of an 1,100-attorney, international law firm and the co-founding partner of its Northern Virginia office.

Professional Associations

American Bar Association, Section on Labor & Employment Law, Committee on Employee Rights and Responsibilities, Subcommittee on Covenants Not to Compete and Trade Secrets, 2005-2015
Lex Mundi, Labor & Employment Law Committee, 2008-10
Greater Washington Board of Trade, Virginia Public Affairs Committee, 2006-07
Northern Virginia Technology Council, Co-chairman, Human Resources Advisory Board, 1998-99
Tysons Regional Chamber of Commerce, Chairman, 1996-97, and Director, 1993-98
Fairfax Area Disability Services Board, Co-chairman, Standing Committee on Americans with Disabilities Act, 1992-93

Honors And Awards

Chambers USA, Leading Lawyer in Virginia Labor and Employment Law, 2008-2023
The Best Lawyers in America®, Employment Law - Management and Litigation - Labor & Employment, 2014-2024
AV Preeminent, Peer Rated by Martindale-Hubbell
International Who’s Who of Management Labour & Employment Lawyers, 2012-2023
Virginia Super Lawyers - Employment Law, 2006-2023
D.C. Super Lawyers - Employment Law, 2007-2023

Practice Highlights

Defended an 8,000-employee, global logistics company against an Iraq-based employee defection lawsuit involving multiple non-compete, tortious interference, and other related claims in the United States District Court for the Eastern District of Virginia
Defended a Northern-based government contractor against an employee defection lawsuit involving multiple tortious interference, trade secret, and other related claims in the United States District Court for the Eastern District of Virginia
Represented a Northern Virginia-based software company in a tortious interference, trade secret, contract, and business conspiracy lawsuit against its former chief technology officer and other former employees in Virginia state court
Defended an international corporate housing company against a multi-party non-compete, trade secret, and tortious interference lawsuit in Ohio state court, and against a tortious interference, unfair competition, and declaratory judgment lawsuit in California state court
Defended a 65,000-employee, national insurance and financial services company against multiple discrimination and other employment lawsuits in the United States District Court for the District of Maryland, United States District Court for the Western District of Virginia, and Maryland state court
Defended a New York Stock Exchange-listed, national home builder against multiple discrimination, contract, and other employment lawsuits in the United States District Court for the District of Maryland, United States District Court for the Eastern District of Virginia, United States Court of Appeals for the Fourth Circuit, and Maryland state court
Defended a NASDAQ-listed, national retail company against multiple discrimination, contract, and other employment lawsuits in the United States District Court for the Eastern District of Virginia, United States District Court for the District of Maryland, and Superior Court of the District of Columbia
Defended a Northern Virginia-based government contractor, including obtaining a complete defense verdict in a multi-day trial, against a former employee’s FLSA and False Claims Act lawsuit in the United States District Court for the Eastern District of Virginia
Defended a Northern Virginia-based government contractor against a tortious interference and business conspiracy lawsuit in Virginia state court
Defended the chief financial officer of a Florida-based commodities trading firm against a multi-million dollar employment defamation lawsuit by a former employee in the United States District Court for the Southern District of Florida
Represented a Northern Virginia-based convention management company in enforcing a non-compete and other restrictive covenants against a former sales employee in Virginia state court
Defended a Northern Virginia-based early education company against a non-compete and tortious interference lawsuit in Virginia state court
Defended a Maryland-based video conferencing company against a multi-count, state labor law claim in the United States District Court for the Western District of New York

Pro-Bono Activities

Co-Chairman, Fairfax Area Disability Services Board, Standing Committee on the Americans with Disabilities Act, 1992 to 1993
Chairman, Vienna-Tysons Regional Chamber of Commerce, 1996 to 1997
Director, Vienna-Tysons Regional Chamber of Commerce, 1993 to 1998
Co-Chairman, Northern Virginia Technology Council, Human Resources Advisory Board, 1998 to 1999
Co-Chairman, Northern Virginia Technology Council, Outreach Subcommittee, 1999 to 2000
Member, Northern Virginia Technology Council, Workforce Development Committee, 1998 to 2000
Member, Greater Washington Board of Trade Virginia Public Affairs Committee, 2006 to 2007
Lex Mundi, Labor & Employment Law Committee, 2008-2010

Published Works

Employment at Will: A State-by-State Survey, First Edition, Virginia, Bloomberg BNA ( December 1, 2011 )

Classes & Seminars

2011: “Employee Defection and the Multi-jurisdictional Employer: Drafting and Enforcing Non-competes in a Disparate Legal Environment,” Washington Metropolitan Area Corporate Counsel Association, Tysons, VA
2011: “30(b)(6) Depositions,” Washington Metropolitan Area Corporate Counsel Association, Tysons, VA
2008: “Employee Defection and the Multi-jurisdictional Employer: Practical Advice for In-house Counsel on Using Non-competes,” Association for Corporate Counsel, Tysons, VA
2006: “Covenants Not to Compete and Trade Secrets,” American Bar Association Committee on Employee Rights and Responsibilities Midwinter Meeting , Puerto Vallarta, Mexico
2006: “Document Retention and Destruction: To Shred or Not to Shred,” National Business Institute, Fairfax, VA

Practice Areas

Labor & Employment Law

Education

Georgetown University Law Center, Washington, District of Columbia
- LL.M., Labor & Employment Law
College of William and Mary School of Law, Williamsburg, Virginia
- J.D.
University of Virginia, Charlottesville, Virginia
- B.A.

Bar Admissions

Virginia
District of Columbia
Maryland
U.S. Court of Appeals 4th Circuit
U.S. Court of Appeals District of Columbia Circuit
U.S. Court of Appeals Federal Circuit
U.S. District Court Eastern District of Virginia
U.S. District Court of the District of Columbia
U.S. Court of Federal Claims
U.S. Tax Court
U.S. District Court District of Maryland
U.S. Bankruptcy Court Eastern District of Virginia
U.S. Bankruptcy Court District of Columbia
U.S. District Court Western District of Virginia