Experience 

Tom is a Litigation partner in our Chicago office and is co-chair of Mayer Brown’s Electronic Discovery and Records Management practice.  Tom has tried dozens of cases and argued many appeals in state and federal court.  Tom is nationally recognized as an authority in the field of electronic discovery, has published numerous articles, is an author of the Electronic Discovery Deskbook, PLI 2009, is a member of the Sedona Conference’s Working Group 1: Electronic Document Retention and Production, and is a member of the recently formed Electronic Discovery Committee of the U.S. District Court for the Northern District of Illinois which has begun work on the next advancement in electronic discovery rules.

Tom addresses a broad spectrum of client needs, including complex commercial litigation, mass tort defense, consumer class action defense, health care regulatory litigation, securities litigation, employment litigation, whistle-blower investigations and litigation and electronic discovery. He holds the top Martindale-Hubbell Peer Review Rating of AV®.

Prior to joining Mayer Brown in 1997, Tom was associated with two other prominent law firms in Chicago. He is frequently sought as a presenter and panelist at professional seminars dealing with electronic discovery methods and procedures.

Notable Engagements 

• Electronic Discovery Consulting . Represent Fortune 100 and other companies in the design and implementation of electronic discovery programs, including policies and procedures for efficiently and defensibly preserving electronically stored information (ESI).
• BASF AG v. Great American Assurance, 2006 WL 1235943 (N.D.Ill. May 8). Secured $160 million jury verdict in favor of pharmaceutical manufacturer in complex insurance coverage case involving novel issues of advertising injury insurance.
• Bank of America v. Terra Nova Insurance, 212 F.R.D. 166 (S.D.N.Y. 2002); 2005 WL 1560577 (S.D.N.Y. June 30). Successful representation of Bank of America in complex insurance coverage action involving weather derivative insurance.
• Dow Chemical v. Fireman's Fund, 217 F.Supp.2d 816 (E.D.Mich. 2002). Successful representation of pesticide manufacturer in complex environmental insurance coverage dispute involving groundwater contamination throughout California and elsewhere, and worker exposure.
• United National v. Connell Ltd., 02 C 1988 (N.D.Ill.). Successful representation of insured in insurance coverage action against insurer involving first-party environmental insurance.
• Palos Community Hospital v. Illinois Health Facilities Planning Board, 328 Ill.App.3d 336 (1st Dist. 2002), appeal denied, 199 Ill.2d 558. Successful representation of hospital in first-ever challenge to state agency's claimed authority to regulate off-site construction projects undertaken "by or on behalf of" hospitals, paving the way for hospitals to undertake off-site projects of all kinds without permission from or regulation by the agency.
• Johnson v. LaRabida Children’s Hospital, 2002 WL 31155045 (N.D.Ill. Sept. 27), affirmed, 372 F.3d 894 (7th Cir. 2004). Obtained summary judgment for hospital and hospital staff on federal civil rights and state law claims arising out of a security incident at the hospital.
• Duneland Anesthesia v. St. Mary Medical Center, 45D05 0304 PL 55 (Indiana). Successful injunction trial representation of hospital in case involving a doctor’s covenant not to compete.
• Knoll Pharmaceutical Co. v. Lumpkin , 00 CH 7826 (Illinois circuit court) & 01 2253 (Illinois appellate court). Secured reversal of agency’s attempt to permit generic substitution of certain prescription drugs.
• In re Synthroid Marketing Litig., 110 F.Supp.2d 676 (N.D.Ill. 2000), affirmed, 264 F.3d 712 (7th Cir. 2001). Successful representation of Knoll Pharmaceutical Company in nationwide consumer class action alleging fraud in connection with the marketing of prescription drug.
• Acevedo v. Abbott Laboratories, et al, 01 cv 2837 (D.N.J.). Secured dismissal of consumer class action brought against pharmaceutical manufacturer based on alleged marketing fraud and product defects.
• Bank of Tokyo-Mitsubishi v. Malhotra, 131 F.Supp.2d 959 (N.D.Ill. 2000). Successful injunction trial representation of bank in bank fraud case.
• Zions First National Bank v. First National of America Corp., 04 C 8326 (N.D.Ill.). Successful injunction trial representation of bank in bank fraud case.
• Zapata Hermanos Sucesores v. Hearthside Baking, 2001 WL 1809988 (N.D.Ill. Dec. 11), 2001 WL 877538 (N.D.Ill. July 19), 2001 WL 830973 (N.D.Ill. July 20), 2001 WL 036112 (N.D.Ill. Aug. 16), 155 F.Supp.2d 969 (N.D.Ill. 2001), 2001 WL 1000927 (N.D.Ill., August 29), 2002 WL 221521 (N.D.Ill. Feb. 14), 2002 WL 398521 (N.D.Ill. March 14), 313 F.3d 385 (7th Cir. 2002). Successful jury trial representation of international seller in complex commercial dispute.
• Malnove Inc. v. Hearthside Baking, 944 F.Supp. 657 (N.D.Ill., 1996) and 951 F.Supp. 151 (N.D.Ill. 1997). Successful trial representation of manufacturer of printed folding cartons.
• Bowmont Corp. v. Krombacher Brauerei, 02 cv 1969 (D.Conn.). Successful injunction trial defense of German beer manufacturer against U.S. importer.
• Palda v. General Dynamics, 47 F.3d 872 (7th Cir. 1995), reh’g & reh’g en banc denied. Secured dismissal, and affirmance of dismissal, of claims against General Dynamics by former executive under a “golden parachute” agreement.
• Merrill, Lynch, Pierce, Fenner & Smith v. Jana, 835 F.Supp. 406 (N.D.Ill. 1993). Secured dismissal of securities fraud claims.
• ZSA v. Dow Chemical, Case No. 94-CV-74713-DT (E.D.Mich.). Secured dismissal of securities fraud class action alleging billions of dollars in damages related to Dow’s potential exposure in the mass tort litigation related to silicone gel breast implants.
• Estate of O’Neal: Taylor v. Seward (Illinois); U.S. v. Seward, 272 F.3d 831 (7th Cir. 2001). Successful trial representation of an estate in a complex case involving bank fraud and attempted theft of estate property. The civil trial paved the way for a criminal conviction.

Education 

Washington University School of Law, JD, 1992; Order of the Coif; Scholarship • University of Chicago, BA, 1989

Admitted

• US District Court for the Eastern District of Michigan, 1998
• US District Court for the District of Arizona, 1997
• US Court of Appeals for the Seventh Circuit, 1993
• US District Court for the Northern District of Illinois, 1992
• Illinois, 1992