Tom Dunlap - Special Counsel - Business and IP

Witten Ltd. is honored to work with Tom Dunlap. Mr. Dunlap is Special Counsel to Witten Ltd. on matters concerning a wide variety of issues based on the East Coast of the United States, including Business and Intellectual Property, and has enjoyed great success.

Mr. Dunlap's practice focuses on disputes in patent, copyright, trademark, contracts & commercial law litigating cases in courts across the United States. Mr. Dunlap has also appeared before the Supreme Court of Virginia where he successfully argued the application of the intra-corporate immunity doctrine as it relates to conspiracy claims.

In addition to numerous seminars, including as faculty for Virginia CLE on electronic evidence in civil litigation, serving as President of the Loudoun Bar Association and writing technical treatises, Mr. Dunlap was selected as one of twelve Top Northern Virginia Lawyers for his litigation experience in the 2006 June/ July edition of Northern Virginia Magazine, and in 2008 and 2009 as a Virginia Super Lawyer in the area of Commercial Litigation (top 2.5% by peer selection). Mr. Dunlap was named as one of the most Powerful Lawyers in Entertainment by the Hollywood Reporter in 2010 and is lead counsel in the #2 Entertainment ase of 2010 (Hurt Locker v. Doe).

Mr. Dunlap has served as a Special Prosecutor in Loudoun County and has a background in banking and finance from time spent in commercial banking at JP Morgan Chase and the Bank of New York in the Private Client Group. Mr. Dunlap grew up in Middleburg and Great Falls, Virginia, attending high school at the International School of Geneva in Switzerland, where he learned to speak French fluently. He graduated from Lafayette College where he was a member of the varsity fencing team and the rugby team. Following college Mr. Dunlap spent time in New York, New York working in both retail and commercial banking for Chase Manhattan, (now JP Morgan Chase) and the Bank of New York.

He attended law school at Washington & Lee University where he was a member of Phi Delta Phi Legal Honors Fraternity (Vice Magistrar), and where he continued to play rugby, serving as co-captain of the team. Mr. Dunlap worked for a Northern Virginia firm, where he eventually became a partner. In 2001 Dan Grubb and Mr. Dunlap formed Dunlap & Grubb. Mr. Dunlap is presently enrolled at the University of Maryland where he will receive a dual degree MS Biotechnology/ MBA, presently maintaining a 3.875 GPA.

Until May of 2009, Mr. Dunlap was a Captain in the Virginia Army National Guard, and a graduate of Army OCS. He has served as Recon Scout Platoon Leader, and XO for A Troop, 1-158th CAV(RECON), and served as the aide de camp to the Commanding General, 29th Infantry Division and as the Commander of HHC, 116th BSTB Infantry (demolitions qualified, expert qualified M-9 pistol & M-16).

Mr. Dunlap is an avid sailor and pilot with a Cirrus SR-22 high performance airplane, for which he holds a private instrument pilot rating with the complex & high performance endorsements. He serves as commissioner for the Leesburg Airport (KJYO). Mr. Dunlap also enjoys diving (rescue diver & Nitrox certified), holds a US Army Humvee and M1 Tank drivers licenses, and is a former National Silver Medalist in the full contact sport of Burmese kickboxing, also called Bando (2002). As an original founder and co-patent holder on certain nano-particle technology, Mr. Dunlap serves as the part-time interim CEO of Ceres Nanosciences, LLLP, a biotechnology company based in Manassas, Virginia.

Education:

• B.A., Lafayette College, Easton, Pennsylvania
• Juris Doctorate, Washington & Lee University School of Law, Lexington, Virginia
• M.S., Biotechnology, University of Maryland, Maryland (expected 2012)
• M.B.A. University of Maryland, Maryland (expected 2013)

Published Works:

• Avoiding Small Business Litigation, Red Eagle Publishing, 2004, 2004
• Authentication and Admission of Electronic Evidence in State and Federal Courts, VA CLE 2009
• Speaking Objections, VA CLE 2009
• Intellectual Property for Small Business, SBDC 2005, 2006, 2007
• Best Practices & Winning Legal Strategies for New Technology & Privacy Issues, ReedLogic, 2006
• Electronic Signature Laws: Chapter 8: E-Sign & UETA - Electronic Signatures in the United States, Lexis-Nexis Butterworths, UK
• eDiscovery: Obtaining & Preserving Digital Evidence in Federal Court, MIS TI Europe Journal, London,UK 2008

Representative Cases:

• Wilson v. Generals Court, Sp. CEVA Record 032165 (Sup.Ct.Va. 2004)
• Tamburo, et al. v. Dworkin, et al (Feb 2005), (2005)
• Advance et al. v. Smask, LLC (Dec 2004), ((EDVA 2004) (MN FED CT))
• WAKA, LLC v. DCKickball (May 2006), (DC Fed District Court 2006)
• Buffalo Wing Factory, Inc. v. Mohd (Jun 2006), (Fairfax County Circuit Court 2006)
• Sherry Wilson and Co., Inc. v. Generals Court, L.C. (Sep 2002), (Loudoun County Circuit Court 2002)
• WAKA, LLC v. Humphrey, Va. Cir. LEXIS 96 (Fairfax May 2, 2007)

Classes/Seminars Taught:

• Authentication of Electronic Evidence in State and Federal Courts - Virginia CLE 2009
• Speaking Objections, How to Deal with Them, Virginia CLE 2009
• Authentication and Admissibility of Electronic Evidence in US Federal Courts, NNA International Law Conference 2007
• Intellectual Property for Small Business, Small Business Development Center, SBA , 2005 - 2009
  Electronic Evidence in US Federal Courts, British Institute of International Comparative Law (London,UK)
  eDiscovery: Obtaining & Preserving Digital Evidence in Federal Court, International Conference of Digital Evidence, London, U.K. 2008
• Aviation Regulation for General Aviation, (annual recurrent) Leesburg, VA., 2003 - 2007 (see also seminar on www.airlinepilotcentral.com regarding FAA violations)

Honors and Awards:

• NOVA Top 10 Lawyers- Business Litigation, Northern Virginia Magazine, June-July 2006
• Madison's Who's Who
• Top Ten Commercial Litigation 2006 (NOVA Magazine)
• Virginia Super Lawyer 2008 & 2009
• Martindale-Hubbell BV Peer Rated

Professional Associations & Memberships:

• American Bar Association, Commercial Litigation, Antitrust & Intellectual Property Sections
• Washington DC Bar, Intellectual Property Section
• Attorney's Arbitration Services Panel Member
• Standard & Poor's Vista Research - Society for Industry Leaders Expert Panel Member
• American Legion, Post 34 - Leesburg Member
• Virginia State Bar Association, Litigation, Business Law & Intellectual Property Law Section Member
• Maryland State Bar Association, Intellectual Property Law Section, 2006 - Present Membership Committee
• Loudoun County Bar Association Member (Past President) American MENSA Member
• American MENSA Member
• Airplane Owners and Pilots Association (Panel Attorney)
• Rotary International
• Shenandoah University - NOVA Advisory Board (2002-2004)
• LoudounCares Board Member
• Loudoun Community Free Clinic, Board Member (2003 - present)
• Leesburg Executive Airport, Commissioner (2007 - present)

Past Employment Positions:

• Chemical Bank, NA (JP Morgan Chase) 1994-1995
• Bank of New York, Institutional Custodies, 1995-1996
• Norfolk Commonwealth's Attorney, 1997

Military:

• 1-158th Cavalry (RECON) MDARNG, Platoon Leader, Annapolis, MD, 2000 - 2005
• HQ 29th Infantry Division VAARNG, Aide de Camp to MG A.Wyman, Commanding, Fort Belvoir, VA, 2006 - 2007
• HHC, 1-116th Infantry BSTB VAARNG, Company Commander, Fredericksburg, VA, 2007 - 2009

Fraternities/Sororities:

• Phi Delta Phi