Professor Thomas Folsom earned a B.S. (concentration in Far Eastern Area Studies) from the U.S. Air Force Academy, and a JD from Georgetown University Law Center, with post-graduate work towards the Master of Arts in Liberal Arts at St. John's College. He has studied Chinese and Greek, and has dabbled in Arabic. He lived for two years in China (Taiwan, ROC). In the Air Force and with the National Security Agency, Folsom worked in the fields of cryptology and cryptanalysis, including computer-assisted code making and code breaking.
Folsom held federal appellate and trial court judicial clerkships with Judge Kunzig at the U.S. Court of Claims in Washington, D.C. (one of the predecessor courts to the Court of Appeals for the Federal Circuit) and with Judge Finesilver at the U.S. District Court for the District of Colorado. He's also been partner in two law firms: Davis, Graham & Stubbs, in Denver, Colorado; and Chrisman, Bynum & Johnson, in Boulder, Colorado (this firm subsequently joined Faegre & Benson, which in turn later merged to create Faegre Baker Daniels, with lawyers and consultants in the U.S., Europe, and Asia).
His practice experience was primarily in issuer-side corporate finance and venture capital, acquirer-side mergers & acquisitions, and inventor/proprietor/author-side intellectual property, representing clients in the oil and gas, ski resort, herbal tea, commercial real estate, and tech industries. He's also done trial work and is a registered patent attorney with the United States Patent and Trademark Office.
Between or during times in the private practice of law, he has taught law at the University of Colorado School of Law (adjunct), University of Denver School of Law (lecturer, adjunct, and visiting professor), Gonzaga Law School (summer visiting professor), University of North Dakota (Assistant and Associate Professor), and Regent University (associate professor and professor). He gave up his partnership and committed to academia in 2002.
2010 Regent University Faculty Award for Excellence in scholarship.
2009 First Place, Ladas Memorial Award for writing excellence on the subject of trademarks, profes- sional category, for “Space Pirates, Hitchhikers, Guides, and the Public Interest: Transformational Trademark Law in Cyberspace”—awarded by the International Trademark Association.
2007 Third Place, Ladas Memorial Award Competition for “Defining Cyberspace (Finding Real Vir- tue in the Place of Virtual Reality)”—awarded by the International Trademark Association.
2005 Professor of the Year (3L), Awarded by the Regent University School of Law, Student Bar.
Many are available on the Social Science Research Network at: http://ssrn.com/author=519369
"Racing the Genie: Implementing the Solution to Focal Point Abuses and Trademark Conflicts in Cyberspace—New Law for Coded Technology," 43 McGeorge Law Review 815 (2012).
"Minority Report: Real Patent Reform, Maybe Later—the America Invents Act and the Quasi-Recodification Solution," 6 Akron Intellecutal Property Journal 179 (2012) (symposium issue).
"Finding Superman (Poisoned Flowers in Cyberspace, Pt. 1): Resolving Focal Point Offenses and Trademark Conflicts on the Internet and in Cyberspace by Rewriting Code," 43 McGeorge Law Review 199 (2011).
"Toward Non-Neutral First Principles of Private Law: Designing Secondary Liability Rules for New Technological Uses," 3 Akron Intellectual Property Journal 43 (2009) (symposium issue).
"Evaluating Supernatural Law: An Inquiry into the Health of Nations (The Restatement of the Obvious, Part II)," 21 Regent Law Review 105 (2009) (solicited article).
"Space Pirates, Hitchhikers, Guides, and the Public Interest: Transformational Trademark Law in Cyberspace," 60 Rutgers Law Review 825 (2008). Reprinted in 99 Trademark Reporter 1166 (2009).
"Truth in Intellectual Property Revisited: Embracing eBay at the Edge," 2 Akron Intellectual Property Journal 69 (2008) (symposium issue).
"Missing the Mark in Cyberspace: Misapplying Trademark Law to Invisible and Attenuated Uses," 33 Rutgers Computer & Technology Law Journal 137 (2007).
"Defining Cyberspace (Finding Real Virtue in the Place of Virtual Reality)," 9 Tulane Technology & IP Law Journal 75 (2007).
"The Restatement of the Obvious: What’s Right Got to Do with It," 16 Regent Law Review 301 (2004) (solicited article).
"Reconsidering the Reliance Rules: The Restatement of Contracts and Promissory Estoppel," 66 North Dakota Law Review 317 (1990).
Member, Partner Compensation Committee, Chrisman, Bynam & Johnson
President, (elected, three term) Faculty Senate, participating in University strategic planning, budgeting, tenure policy review, workload policy review, and self governance policy review, and attending regular Academic Council and President’s Cabinet meetings.
Co-Director/Law School Liaison, Oxford Study Abroad program.
American Intellectual Property Law Association (AIPLA)
International Trademark Association (INTA)
American Bar Association, Section of Intellectual Property (ABA–IP)
Virginia State Bar Association, Section of Intellectual Property (VSB–IP).
(These are representative memberships; some are lapsed, and others have lapsed from time to time).
Distinguished Professor of Law
Chief Counsel, American Center for Law and Justice