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Thomas P. Jirgal
Partner

Thomas Jirgal's national practice focuses on intellectual property, advertising and general litigation matters. He has represented clients in the entertainment, communications and financial services industries in cases involving copyright, trademark, trade secret, corporate espionage, false advertising, contract, fiduciary duty, defamation, invasion of privacy, employment, civil forfeiture, antitrust and unfair competition claims. Mr. Jirgal has represented clients in state and federal court, in private arbitration and before the Better Business Bureau’s National Advertising Division, often in cases involving cutting edge technological issues. He also counsels clients on advertising matters, including the substantiation needed for advertising claims, and the management, licensing and protection of intellectual property rights.

Mr. Jirgal is a contributing author to the Advanced Media and Technology Law Blog.

Prior Work Experience

Prior to joining Loeb & Loeb LLP, Mr. Jirgal worked as counsel in the litigation department of O'Melveny & Myers LLP in California.

Representative Experience

  • Represented wireless carrier in challenge by competitor to carrier’s claim that its 4G network is America’s Largest 4G Network. T-Mobile USA, Inc. (America’s Largest 4G Network), NAD Case Report #5488 (2012).
  • Represented household products manufacturer in challenge to competitor’s claims that the seal on its resealable food storage bags is two times stronger. Reynolds Consumer Products (Hefty Slider Bags), NAD Case Report #5484 (2012).
  • Represented credit card issuer in challenge to adequacy of competitor’s disclosure of material limitations on terms of its cash back promotional offer. Discover Financial Services LLC (Cash Back Programs), NAD Case Report #5465 (2012).
  • Represented cable company in challenge by competitor to cable company’s ability to advertise results of PC Magazine fastest ISP test. Comcast Communications, Inc. (Xfinity Internet Services), NAD Case Report #5463 (2012).
  • Represented credit card issuer in challenge to competitor’s claim that its cash rewards program is America’s #1 cash rewards program. Discover Products Inc. (Cash Rewards Program), NAD Case Report #4779C (2011).
  • Represented cable company in multi-defendant defamation action alleging that campaign advertisements defamed losing candidate in Chicago aldermanic election. Successfully obtained dismissal of claims under Illinois anti-SLAPP statute. Case on appeal. Garrido v. Arena, et al. (Ill. Cir. Ct. 2011).
  • Represented cable company in Lanham Act litigation challenging promotional offer by satellite competitor for NFL Sunday Ticket services. Lawsuit dismissed after competitor revised advertising as demanded by lawsuit. Comcast v. DirecTV (N.D. Ill. 2011).
  • Represented online retailer in declaratory judgment seeking declaration that retailer’s online pricing claims do not violate the Lanham Act. Successfully established that commencement of NAD challenge gives rise to “actual controversy” for purposes of subject matter jurisdiction, and constitutes “purposeful direction” for purposes of personal jurisdiction in advertiser’s home district under Calder v. Jones “effects test.” Amazon.com, Inc. v. NACS, 826 F. Supp. 2d 1242 (W.D. Wa. 2011).
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Publications/Speeches


Blogs

Media Mentions


Distinctions

  • Recommended “Top Lawyers in Illinois” in Advertising & Media Law and Arts, Entertainment & Sports Law, Leading Lawyers Network, a division of Law Bulletin Publishing Company (2012)
  • Extern, Honorable Harlington Wood, Jr., U.S. Court of Appeals, Seventh Circuit

Practice Areas
Education
University of Illinois College of Law, J.D., 1998, magna cum laude
Member, University of Illinois Law Review
University of Illinois at Urbana-Champaign, B.A., 1992
Bar Admissions
California, 1999
Illinois, 2007
Clerkships
Law Clerk, Honorable Robert Timlin, U.S. District Court for the Central District of California
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