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Tom Stout

He/Him

Partner

T 415.276.4856 San Francisco
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Tom Stout has more than 15 years of trial experience, including as a federal prosecutor and as a litigator at a California firm he co-founded before joining DWT. Tom's expertise in white-collar defense, government investigations, and complex litigation delivers top-tier results for businesses, executives, and entrepreneurs in key sectors across the Bay Area and beyond.

Tom is a respected West Coast litigator, having particular insight into state and federal enforcement priorities—both civil and criminal—in Northern California. As an assistant U.S. attorney in California, Tom pursued corporate executives, public officials, law enforcement agents, and other prominent figures, prosecuting cases involving fraud, bribery, corruption, civil rights violations, and obstruction of justice. He has extensive white-collar and internal investigations experience, adding to the firm's already deep bench of commercial litigation capabilities.

As co-founder of a small firm, Tom is well connected within California's business community. His relationships span key industries in the state, including banking, tech, legal, manufacturing, agriculture, environmental services, and wildfire management. Model clients include semiconductor manufacturing companies and executives, private equity and venture capital firms, an international packaging manufacturing company, a consumer products testing company, healthcare nonprofits, energy companies and executives, and executives of a global food and beverage company, which he has defended against product liability claims. Tom's experience extends to numerous other areas, such as trade secret litigation, campaign finance, securities, False Claims Act investigations, healthcare fraud, tax fraud, wire fraud, and disputes arising from IPOs and acquisitions. He has negotiated plea agreements that spared clients prison time and has persuaded prosecutors not to pursue charges against his clients in the first place.

Tom has faced off against the U.S. Department of Justice, the California Attorney General's Office, the SEC, and other federal and state enforcement agencies, and he has successfully argued cases in the 9th Circuit and other federal courts. While with DOJ, Tom was selected to teach trial advocacy to new federal prosecutors nationwide. He has been recognized by various federal law enforcement agencies, including with the Department of Justice's EOUSA Director's Award for Superior Performance. Tom also champions pro bono service, having represented elderly clients, religious organizations, patient advocacy organizations, and indigent criminal defendants and inmates.

Practice Highlights

Investigations

Extensive experience navigating criminal and civil investigations by federal and state enforcement agencies. Successful record of resolving investigations without charges or enforcement actions or on favorable prelitigation terms. Experience conducting internal investigations and advising management on appropriate remediation and, where appropriate, self-reporting to manage and reduce corporate risk.

Trials

Proven first-chair trial lawyer who has led multiple successful trial teams involving fraud, identity theft, civil rights, obstruction of justice, and human trafficking.

White-Collar Defense and Government Investigations; Internal Investigations

Federal criminal tax investigation*

Persuaded DOJ to decline charges against cryptocurrency founder after prosecutors identified client as the target of a tax fraud investigation.

Campaign finance investigation*

Represented subjects of ethics commission investigation into campaign finance.

Insider trading defense*

Secured favorable plea agreement and no prison sentence for former banking executive charged with insider trading by DOJ.

Criminal wildfire investigation*

Represented utility vegetation management company in connection with district attorney's office investigation of wildfire ignition. No charges filed against client.

Federal criminal environmental investigation*

Represented terminaling company employees in Department of Justice environmental investigation. No charges filed against any client.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Complex Civil Litigation Matters

M&A civil fraud litigation*

Represented former executive chairman of technology company in connection with civil litigation arising out of corporate acquisition.

Trade secret litigation*

Represented semiconductor manufacturing equipment corporation executive in defense of trade secret misappropriation.

Securities fraud litigation*

Represented former investment bank directors in connection with securities fraud claims arising out of 2008 financial crisis.

Antitrust litigation*

Represented DRAM manufacturer in connection with civil suits arising out of Department of Justice antitrust investigation and prosecutions.

Fintech litigation*

Represented mature fintech startup in connection with commercial customer dispute.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Federal Prosecutor Experience

Foreclosure rescue scam convictions*

Obtained convictions of 12 defendants—including three after a five-week jury trial—for nationwide foreclosure rescue scam following 2008-2009 housing crisis.

False account opening scandal*

Part of DOJ team responsible for securing $3 billion settlement with large international bank for systemically fraudulently opening accounts for customers.

Healthcare fraud*

Led criminal investigation of home healthcare companies for multimillion-dollar Medicare fraud scheme.

Civil rights*

Obtained conviction of former police officer after two-week jury trial for coercing sex from women while on duty.

Public corruption*

Led investigation and prosecution of former DHS HSI special agent for corruptly performing work on behalf of organized crime leader.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • California, 2005
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. Court of Appeals, 9th Circuit

Education

  • J.D., New York University School of Law, 2005
  • B.A., Political Science, Yale University, 2002, with Honors

Memberships & Affiliations

    • Member, Executive Committee; Chair and Vice Chair, Standing Committee on Federal Courts – California Lawyers Association (Litigation Section)
    • White Collar Crime Committee, American Bar Association
    • National Association of Criminal Defense Lawyers
    • Bar Association of San Francisco
    • Northern District of California Chapter, Federal Bar Association

Professional Recognition

    • Selected to "Super Lawyers," Thomson Reuters, 2023-2024
    • Audit Award for Excellence, Council of the Inspectors General on Integrity and Efficiency, 2020
    • Award for Outstanding Performance on Behalf of Crime Victims, U.S. Attorney's Office, Central District of California, 2017
    • Executive Office for United States Attorneys Director's Award for Superior Performance as an Assistant United States Attorney – Criminal, Department of Justice, 2017
    • Smart on Crime Award, California Attorney General, 2015
    • Distinguished Pro Bono Service, Law Foundation of Silicon Valley, 2006
    • Multiple honors from federal law enforcement agencies, including FBI, IRS, SIG, TARP, FHFA, OIG

Background

    • Shareholder, London & Stout P.C., San Francisco, 2020-2024
    • Assistant U.S. Attorney – Northern District of California, 2018-2020; Central District of California, 2010-2018
    • Judicial Law Clerk, Hon. Virginia A. Phillips, U.S. District Court, Central District of California, 2009-2010
    • Associate, Simpson Thacher & Bartlett LLP, San Francisco, 2005-2009
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