Commercial litigation
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.
Franchise Law
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.
Employment Law
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.
Professional Liability
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.