Sarah L. Tomkin
- Commercial Litigation
- Employment Law
- Franchise Law
- Consumer Protection Litigation
- Professional Liability Defense
Sarah Tomkin has extensive litigation experience in state and federal courts throughout Pennsylvania, New Jersey, and New York. She has also represented clients before the Equal Employment Opportunity Commission and state civil rights agencies. As a member of the Commercial Litigation, Franchise, Employment, and Professional Liability practice groups, she has represented a diverse group of major corporations, franchisors, closely-held businesses, and individuals in a wide range of disputes. Her practice includes handling litigation involving contract disputes, discrimination and whistleblower claims, professional malpractice, and disputes involving intellectual property, specifically trademark infringement. Ms. Tomkin assists her clients with their litigation needs and works with them to craft litigation strategies geared toward their unique goals and to obtain successful results.
Ms. Tomkin has considerable experience handling litigations through trial and appeal involving general commercial litigation claims, including contract disputes, prosecution and defense of trademarks and trade dress, and premises liability matters.
Ms. Tomkin devotes a significant portion of her practice to the representation of franchisors, including litigating and enforcing franchise agreement terminations, non-competition restrictions, forum selection clauses, and liquidated damages provisions. She has obtained multiple injunctions in favor of franchisors to prevent former franchisees from continuing to utilize trademarks following the termination of franchise agreements. Ms. Tomkin has also resolved numerous disputes between franchisors and current or former franchisees related to non-payment of franchise fees and compliance with provisions of franchise agreements without court intervention.
Ms. Tomkin regularly defends businesses and individuals in employment matters, including claims involving discrimination, retaliation, and harassment. She has obtained a directed verdict on behalf of a physical therapy and rehabilitation facility while serving as second chair at trial in an employment discrimination case where the plaintiff asserted claims for failure to accommodate, disability discrimination, and wrongful termination. She has also obtained voluntary dismissals by claimants of various employment discrimination complaints following discovery.
Ms. Tomkin had defended a wide range of professionals against malpractice claims. She has obtained summary judgment on behalf of an engineering firm facing claims stemming from an alleged negligent inspection of a commercial property. Ms. Tomkin also obtained summary judgment on behalf of a radiological program and service provider in a medical malpractice/wrongful death action.
Publications & Presentations
Enforcing Arbitration Awards in International Franchising, Franchise Law Journal (Winter 2015)
Presenter, ADA Website Compliance, Gordon & Rees, October 2019
United States District Court, District of New Jersey
United States District Court, Eastern, Southern, and Western Districts of New York
United States District Court, Eastern District of Pennsylvania
New York City Bar Association
American Bar Association
J.D., Seton Hall University School of Law
Seton Hall Law Center for Social Justice
The Volunteer Income Tax Assistance Program (V.I.T.A.)
Seton Hall Law School Guantánamo Research Project
B.A., Spanish, Emory University
Study Abroad, Universidad de Salamanca, Spain
Honorable Stephan C. Hansbury, J.S.C., Superior Court of New Jersey, Civil Division
Honorable Stephan C. Hansbury, J.S.C., Superior Court of New Jersey, Family Division
Recipient, The Center for Social Justice Award for the Most Significant Contribution to the Family Law Clinic
Recipient, The William Paterson Award from New Jersey Lawyer Chapter of the American Constitution Society for promoting rights of Guantánamo Detainees