Thomas A. Lidbury

Partner

Chicago

(312) 569-1356 phone
(312) 569-3356 fax

Thomas A. Lidbury is a partner in the firm's Commercial Litigation Practice Group.

Commercial Litigation. Tom is an experienced trial lawyer, including having won a $160 million jury verdict, and also is an accomplished appellate lawyer having argued appeals in both state and federal courts.  Tom handles a broad spectrum of complex commercial litigation for companies in various industries including pharmaceuticals and medical devices, chemicals, banking and financial services, and health care among others.  

Data Management and Discovery. Tom also leads the firm’s Data Management and Discovery group and is a board member and officer of the firm’s e-discovery subsidiary, Drinker Discovery Solutions LLC, which provides state of the art e-discovery technology and services to the firm’s clients.  Tom is a recognized authority in the field of electronic discovery and a Lecturer in Law at the University of Chicago Law School.

In General. In addition to being an accomplished litigator, Tom is nationally recognized as an authority in the field of electronic discovery.  He has published and lectured extensively on the subject and is a leader in the Seventh Circuit Electronic Discovery Pilot Program Committee (see www.discoverypilot.com) and the Sedona Conference’s Working Group 1: Electronic Document Retention and Production.  Some of Tom’s published works include co-authoring the ELECTRONIC DISCOVERY DESKBOOK (Practicing Law Institute 2009) and E-DISCOVERY (ICLE 2012).  Among his speaking events, Tom has been a keynote speaker at Legal Tech and participated in a mock e-discovery hearing with Judge Shira Scheindlin that was organized by the Sedona Conference, Cohasset Associates, Inc., and the Seventh Circuit Electronic Discovery Pilot Program Committee.  In addition to his active law practice Tom is a Lecturer in Law at the University of Chicago Law School.  He holds the top Martindale-Hubbell Peer Review Rating of AV®.  He received his B.A. in Politics, Economics, Rhetoric & Law from the University of Chicago (1889) and his J.D. (Order of the Coif) from Washington University in St. Louis, School of Law (1992).

Representative Matters

  • Electronic Discovery & Records Management. 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), and in developing records retention policies, schedules and procedures. 
  • 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.
  • 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). Representation of 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.

Publications

07/31/2012
E-Discovery Alert
Judge Questions Efficacy of Boolean Search and Invites Parties to Consider “More Innovative” Techniques
05/25/2012
Inside Counsel
Technology: 7th Circuit e-discovery committee’s efforts paying off
05/11/2012
Inside Counsel
Technology: Forensically Sound Collection of ESI
04/27/2012
Inside Counsel
Technology: e-Discovery in the Cloud
04/13/2012
Inside Counsel
Technology: Relative Defensibility of Boolean and Statistical Document Culling Workflows
03/30/2012
Inside Counsel
Technology: Getting Defensive About Predictive Document Sorting Technology
03/16/2012
Inside Counsel
Technology: A Simple Guide to Statistical Document Sorting Technology
1/31/2011
Commercial Litigation Alert
Delaware Court of Chancery Adopts ESI Preservation Guidelines
3/1/2009
Electronic Discovery Deskbook
Practising Law Institute: Litigation Law Library

Speaking Engagements

07/02/2012
West LegalEdCenter
04/24/2012
Inside Counsel
  • Electronic Discovery & Records Management. 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), and in developing records retention policies, schedules and procedures. 
  • 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.
  • 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). Representation of 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.