They’ve Got Next: The 40 Under 40 - Tom Gorman of Keker, Van Nest

Please describe two of your most substantial, recent wins in practice.
I am proud of the $179 million judgment that we obtained for Google in Google v. Levandowski, a matter that involved allegations of employee disloyalty and breach of contract.

In another recent matter for Google, a privacy case involving smartphone and internet technology, we obtained a swift victory right off the bat. The plaintiff’s complaint completely misconstrued our client’s technology, so we used our motion to dismiss to present a clear explanation of how everything actually worked. Plaintiff’s counsel was apparently convinced because they dismissed Google voluntarily!

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?
It is critical to stay curious. When you go to law school to become a lawyer – you don’t learn law, you learn how to think about law and policy, how to advocate effectively, and how to solve problems. I have such a varied practice, which means learning about different clients’ businesses, markets, emerging technology, as well as all types of law. Sometimes the subject matter is so dense and esoteric that my eyes could glaze over (high-density plasma semiconductor wafer bonding!), so I always need to find something interesting about a subject, allowing me to fuel my curiosity in a way that keeps the job thrilling. My practice today is informed by looking for ways to have fun in the little joys of learning new things everyday--about the law and my clients’ work.

How do you define success in your practice?
For me, this has always been a client-services business. Success is defined by the client, and it is my job to get the best result that I can for my clients, whether that is returning a clean victory before trial, a trial win, or a vindication. True success takes shape when I am able to deliver the results my clients came looking for so that they can move forward with their lives and run their businesses.

What are you most proud of as a lawyer?
I am most proud of how intensely collaborative the Keker, Van Nest & Peters team is in terms of helping each other and sharing and batting ideas around. Our case teams are constantly meeting to bounce ideas off each other and draw from each other’s unique experiences and insights. I am proud because I see this collaborative energy as being a key ingredient in the success of the firm. It is the intense back and forth that really helps a team develop the best strategies and the best, most thorough work. Also, it is through that collaboration that I get the chance to mentor younger lawyers to help them develop and grow as advocates.

Who is your greatest mentor in the law and what have they taught you?
My greatest mentor is the judge that I clerked for, Richard Posner, formerly with the U.S. Court of Appeals for the Seventh Circuit. From Judge Posner, I learned that common sense and logic are of paramount importance when deciphering the law. The right result under the law is usually the result that makes sense – a lawyer should not get so lost in the precedent, doctrine, or confusing facts that they lose sight of what is right. The legal community needs to work to uphold a system that leads to good results and protects peoples’ rights. Too often, I think, certain lawyers and judges try to obtain results that are unfair or based on an overly literal reading of the law. To use common sense and logic is to not get lost in the weeds, and it can prioritize legal outcomes that strengthen a fair and equitable system.

Just for fun, tell us your two favorite songs on your summer music playlist.
My 3- and 6-year-old girls make me listen to their playlist, which is just the same 2-3 songs played over and over. The latest earworm is the theme song from “My Little Ponies: Equestria Girls.”

Anything off “3 Feet High and Rising” by De La Soul. I grew up on classic hip hop but it started with this album. Calling all copyright lawyers: please clear up the sample rights so we can get these early De La albums streaming!