Peter P. Tomczak

Peter has advised clients in multiple industries, including among others the manufacturing, industrial, chemical, nuclear medicine, pharmaceutical, software, aviation, insurance, oil and gas and real estate industries.

Investigations, Compliance and Ethics

• Conducted sensitive internal investigations in more than 30 international jurisdictions, including among others, Brazil, Canada, Chile, China, India, Indonesia, Japan, Mexico, Peru, Russia, Saudi Arabia, South Africa, the United Kingdom, and the United States, for multinational business enterprises involving compliance issues, in particular those arising under the US Foreign Corrupt Practices Act.
• Obtained an internal controls US Foreign Corrupt Practices Act resolution and a civil money penalty of USD 375,000 with the Securities and Exchange Commission and a declination from the Department of Justice for a global health science company whose employee engaged a Russian agent and approved bribes to foreign officials.
• Defended Japanese manufacturer of hard disk drive suspension assemblies in its investigation of and US criminal plea agreement for Sherman Act (antitrust) violations.
• Served as counsel to the first criminal antitrust monitor in US history.
• Investigated on behalf of a board special committee a stockholder demand alleging improper calculation of stock options, self-interested conduct by a senior executive officer and related reporting issues.
• Investigated causes of and emergency response by multinational energy company to an oil spill in a South American jurisdiction.
• Conducted compliance due diligence on third-party representatives and intermediaries in multiple international jurisdictions.
• Advised on ABAC compliance in all phases of cross-border M&A and joint venture transactions, including due diligence, drafting of contractual provisions and post-acquisition integration.
• Advised a US-based, publicly traded pharmaceutical company on enhancing its global compliance program to address its expansion to multiple new international jurisdictions.
• Advised US-based, publicly traded consumer food products company on conducting ABAC compliance audits and investigations of alleged compliance violations.
• Helped design a fraud recovery program for a global consulting company that, using a novel pricing approach, facilitated recovery of funds misappropriated by and prosecution of company employees.

Litigation

• Defeated on motion to dismiss multimillion dollar advancement and indemnification claims filed by a former director and officer in the Delaware Court of Chancery, which was affirmed by the Delaware Supreme Court.
• Successfully defended a German construction products maker in its USD 7 billion acquisition of a US building products maker against stockholder claims alleging violations of Delaware's anti-takeover statute and seeking to enjoin the target's stockholder vote.
• Tried to a favorable judgment and secured the affirmance of in the Delaware Court of Chancery five public pension fund limited partners' removal of the general partner of a USD 70 million real estate limited partnership, which was affirmed by the Delaware Supreme Court.
• Successfully defended an acquirer in opposing in Illinois state trial and appellate courts a shareholder's motion to enjoin a multibillion-dollar merger with the target (trial and appeal in the same day).
• Tried and obtained multimillion dollar verdict in the Circuit Court of Cook County, Illinois, which was upheld on appeal, on behalf of a global healthcare company for fiduciary duty claims against its former sales executive and third parties that acted in concert with him.
• Obtained order on appeal reversing an USD 11 million jury verdict and entering judgment in favor of the founders of an electronic stock exchange on a fiduciary fraud claim brought by a former business associate.
• Represented publicly traded real estate investment trust in multiple courts against claims under US federal securities laws and state law fiduciary duties arising out of its sale to a third-party acquirer.
• Represented publicly traded information technology staffing company in New York state court against claims under state law fiduciary duties arising out of its sale to a non-US third-party acquirer.
• Represented a Japanese global life insurer in the Delaware Court of Chancery against challenges to its acquisition of a US insurer.
• Obtained a temporary restraining order and preliminary injunction enjoining the sale, transfer or encumbrance of an aircraft engine.
• Secured asylum in the United States for an individual who was subject to religious persecution in Eritrea.

Judicial Clerkship

Peter clerked for the Honorable Vice Chancellor John W. Noble of the Delaware Court of Chancery from 2002 to 2003.

Education Honors

Peter received his Juris Doctorate degree, Magna Cum Laude, Order of the Coif, from the University of Michigan Law School in 2002. He was awarded the following:

• Daniel H. Grady Prize for achieving the highest scholastic average of his graduating class.
• Class of 1908 Scholarship Award for achieving the highest scholastic average of his second-year law school class.
• Maurice Weigle Scholarship Award for achieving the highest scholastic average of his first-year law school class.
• Emmett E. Eagan Award for excellence in the study of corporate law.

He also served as Articles Editor, Michigan Telecommunications and Technology Law Review.

Peter received his Bachelor of Science in Economics, with Highest Honors, from the University of Illinois at Urbana-Champaign in 1999. He was named to the Bronze Tablet, which is the University's highest honor for graduating students, and was a member of the Campus Honors Program.

• Named to National Association of Corporate Directors (NACD) Directorship 100—Governance Professionals and Institutions (2018-2022)
• Received the Economics Outstanding Young Alumni Award from the University of Illinois at Urbana-Champaign (2021)
• Selected as a "Rising Star" by Illinois Super Lawyers (2010-2011, 2013-2017)

• Wong Sun Society of San Francisco - Member
• American Bar Association - Criminal Law Section - Member
• American Bar Association - Business Law Section - Member