Thomas Dyer

Associate

Thomas.Dyer@lewisbrisbois.com

Thomas Dyer is an associate in the Denver office of Lewis Brisbois and a member of the Antitrust & Competition Practice. His practice also focuses on Securities Litigation and Corporate Litigation. Thomas represents public and private companies in a wide array of matters, including civil litigation, compliance, regulatory filings, transactional drafting, and other corporate work. 

Thomas is an Adjunct Professor of Antitrust and Unfair Competition Law at the University of Denver’s Sturm College of Law. As an Adjunct Professor, Thomas presents on myriad antitrust matters, including price-fixing, market divisions, monopolization, product and consumer allocations, market structures, the application of antitrust laws to technology industries, group boycotts, cartel activity, and price discrimination. Thomas distills complex antitrust concepts into accessible and engaging lessons to create a dialogue regarding the law and how it has developed. 

Thomas earned his Juris Doctor from the University of Denver Sturm College of Law and received his Bachelor of Arts in Economics from Colorado State University. Thomas' background in economics enables him to speak the language of his clients and view legal issues with an eye on business implications.

Antitrust and Competition Law

Thomas provides litigation and non-litigation strategic advice to general counsels and corporate executives to simplify the complexities of the U.S. antitrust laws and anticipate issues before they arise. Thomas advises companies on matters involving federal and state antitrust issues including: antitrust compliance programs; trade association compliance; resale pricing programs; advertised pricing programs (MSRP, MAP, and Colgate polices); pre-merger review (outside of the Hart-Scott-Rodino Act); pre-merger review and government reporting (Hart-Scott-Rodino Act); price discrimination compliance (Robinson-Patman Act); interlocking directorates and officers compliance; competitor collaborations; joint ventures; information exchanges; and labor issues (collective bargaining). Thomas also represents companies in federal and state antitrust law litigation matters involving: monopolization; price-fixing; bid-rigging; market divisions; product and customer allocations; and tying. Thomas also defends companies in civil investigations brought by federal and state regulators, including the Department of Justice, Federal Trade Commission, and Securities and Exchange Commission, as well as merger filings under the Hart-Scott-Rodino Act (HSR). 

Securities and Financial Fraud

Thomas represents companies in federal and state litigation matters involving securities and financial fraud areas in the banking, mortgage, insurance, energy, and financial services industries.

Complex Commercial Law

Thomas represents companies in federal and state litigation matters involving: financial fraud; securities; breach of contract; partnership disputes; shareholder disputes; and product defects.

Primary Area(s) of Practice

  • Antitrust & Competition
  • Banking & Finance
  • Government Investigations & White Collar Defense
  • Mergers & Acquisitions
  • Securities Class Action Defense Practice
  • Sustainability and Environmental, Social, and Governance (ESG) Practice

Additional Experience

Admissions

Colorado

Associations

  • Vice Chair of Antitrust and Consumer Protection, Sub-Section of Colorado Bar Association Business Law Section
  • Executive Council Member, Colorado Bar Association Young Lawyers Division
  • Advisory Board Member, Colorado Bar Association Young Lawyers Division
  • Member, Antitrust Subsection, Colorado Bar Association
  • Member, Antitrust Section, American Bar Association
  • Member, Denver Bar Association

Professional Presentations

Co-Presenter, “The Law Under Section 1 of the Sherman Act Today,” Antitrust and Unfair Competition Law, University of Denver Sturm College of Law, April 2020

Education

University of Denver Sturm College of Law

Juris Doctor, 2019

Colorado State University

Bachelor of Arts in Economics, 2016

Representative Matters

  • Antitrust counsel defending multi-family property owners in federal class-action antitrust lawsuits alleging violations of Section 1 of the Sherman Act, state antitrust statutes, and state tort claims alleging a nationwide hub-and-spoke price-fixing conspiracy filed throughout the United States.
  • Antitrust counsel defending KSA Lighting & Controls, a Chicago-based manufacturer’s representative specializing in architectural, commercial, industrial, residential lighting & controls, and individual corporate executives, in a federal antitrust lawsuit alleging violations of Sections 1 and 2 of the Sherman Act and Section 3 of the Clayton Act through the use of purported vertical exclusive-dealing arrangements, filed before the United States District Court for the Northern District of Illinois.
  • Securities counsel defending private investment companies in complex fraud-based securities lawsuit arising under the Colorado Securities Act related to disclosures in investment offering documents and ongoing management of investments.
  • Advised Pax8, Inc., a leading cloud commerce marketplace company, on the federal antitrust regulatory issues pertaining to a $185 million capital investment led by SoftBank Vision Fund 2, including preparation and filing of Pax8’s regulatory notice with the FTC and DOJ under the Hart-Scott-Rodino Antitrust Improvements Act (HSR).
  • Defending private entity in trademark infringement and deceptive trade practices action related to purported purchase of trademarks as Google Ads keywords filed in Colorado state district court. 
  • Defending Digital Music Association in a federal antitrust lawsuit filed before the United States District Court for the District of Connecticut alleging violations of Sections 1 and 2 of the Sherman Act (group boycott, price fixing, and monopsony), and related state antitrust statutes and common law tort claims, related to performance rights in the US music industry.
  • Defending Red Roof Inns in federal lawsuit alleging federal and state antitrust violations related to online booking of hotel rooms in the United States. 
  • Defending United States product resale company in a federal antitrust lawsuit filed before the U.S. District Court for the District of New Jersey alleging violations of Sections 1 and 2 of the Sherman Act, and related state antitrust statutes, (horizontal and vertical price-fixing, group boycott, and market division and monopolization claims) in the automation control products industry.

Publications