There are only two occasions when Americans respect privacy…Those are prayer and fishing.
– Herbert Hoover
Business Litigation and Commercial Disputes
TCPA Class Action Defense
Tom Thompson represents clients with complex problems before courts, arbitrators, and regulators across the country. Before joining Jaszcuk P.C., Tom was a partner at a global law firm with a broad range of experience in class actions, privacy and cybersecurity, and other disputes with high stakes.
Tom has led defense teams responding to catastrophic tort claims, tried cases to juries and arbitrators, and has handled cyber and trade secret investigations as well as disputes over technology acquisition and implementation. In addition to representing clients in privacy class actions, Tom is a frequent speaker and writer on the use of data analytics, information governance, and pragmatic litigation.
In the insurance industry, Tom has handled a wide range of matters for property and casualty insurers and reinsurers, including the defense of class actions over rates and sales practices and the resolution of complex coverage disputes in courts and before ARIAS and AAA arbitrators, including disputes arising from professional liabilities, extra-contractual liabilities and bad faith claims, surplus lines, retrospectively-rated and other loss-sensitive programs, and off-shore and on-shore captives.
● Obtained dismissal prior to discovery of putative class action complaint against flood insurer for purportedly excessive premiums.
● Tapped to serve as lead counsel in data breach class action filed against provider of tax preparation software.
● Successful defense of global reinsurer in consolidated federal multidistrict litigation as well as state court class actions alleging RICO, fraud, and deepened insolvency claims arising from the collapse of a reciprocal casualty insurance company and related risk retention groups.
● Successful defense of a large national insurer and service as liaison counsel for industry defendants in numerous related state and federal class actions involving pricing of workers’ compensation insurance for loss-sensitive commercial insurance programs.
Cybersecurity, Privacy and Technology
● Located source of leak of confidential information after global internal investigation, including forensic network and document analysis and coordinated legal action in the U.K. and Canada to obtain information on use of proxy servers and anonymized email.
● Defense of healthcare turnaround consulting firm against allegations of fraud and breach of fiduciary duty arising from failed implementation of multi-hospital IT system.
● Recovered millions from client’s competitor following investigation that revealed misappropriation of client’s trade secrets by selective hiring of former employees.
● Counseling to publicly-traded companies on the drafting and continuous implementation of cybersecurity and data privacy policies.
Catastrophic Torts and Bet-the-Company Cases
● Led defense across multiple cases for property risk survey company following catastrophic deflagration with fatalities and significant injuries at plywood mill in Texas.
● Obtained $200 million interpleader judgment in complex mass tort litigation arising from California commuter rail collision involving fatalities and multiple injuries.
● Led teams of associates, paralegals, and consulting experts to prepare the successful defense of global accounting and auditing firms against audit malpractice claims in state and federal courts, including parachuting in to take over defense after appellate reversal of jury verdict in excess of $500 million.
● Successful resolution of Section 1983 deliberate indifference claims in both correctional and educational settings, including engagement on eve of trial to assist trial team with briefing and strategy.
Insurance and Reinsurance
● Won summary judgment declaring no duty to defend or indemnify title company under professional liability insurance policy where complaint included negligence counts arising from mortgage stacking and loans to straw buyers.
● Served as national counsel to industry insurers to obtain victories or nuisance-value settlements after favorable decisions from Montana Supreme Court in series of “common fund” class actions challenging constitutionality of workers’ compensation laws and seeking retroactive benefits.
● Collection of millions in loss-sensitive premiums through arbitration and related litigation for national insurance carrier.
● Panel moderator for Cybersecurity and Data Privacy for the GC: How to Stay Out of Headlines and Crosshairs at 2018 Ingenious retreats in Washington D.C. and Southern California.
● Webinar panelist for “Introduction to Data Analytics: Practical Applications” for the 7th Circuit Council on eDiscovery and Digital Information, April 2018, and past service as co-chair of the Technology Subcommittee from 2011-2016.
● Moderator for discussions on “Developments in Search” and “Where Proportionality Meets Possession, Custody and Control,” at Today’s General Counsel, Chicago 2016.
● Panelist on the “Benefits and Challenges in Creating an Information Governance Program,” Masters Conference, Chicago 2016, and various other topics at Masters Conferences in Chicago, Philadelphia, and Houston.
● Faculty/Counsel for ARIAS-US Intensive Arbitrator Training Workshop.
I head up the Ranch and Mountain Recreation practice group here at the J Bar Ranch.
I am one of the few Chicago attorneys who appreciates the distinctions between grizzly bears (ursus arctos horribilis) and black bears (ursus americanus).
I was Time Magazine’s ‘Person of the Year’ in 2006.
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