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Martin T. Tully

Partner 
Co-Chair, Data Law Practice
71 South Wacker Drive
46th Floor
Chicago, IL 60606
 
Tel:
312.634.5700
Fax:
312.424.1900
 
 

Martin Tully serves as co-chair of the firm's Data Law Practice, a dynamic, technology-driven team that delivers innovative solutions tailored to clients' distinctive objectives. He is a veteran trial lawyer with national experience in complex commercial litigation concerning many fields and industries. Martin routinely represents clients in contract disputes, business torts, defamation, antitrust claims, trade secrets, and consumer class action defense. Martin is also considerably experienced in the alternative dispute resolution (ADR) context, having achieved favorable awards and results for clients in both arbitration and mediation proceedings, under the rules of the American Arbitration Association, JAMS Resolution Centers, and court-mandated dispute resolution programs.

Martin is nationally recognized for his experience in the fields of electronic discovery, information governance, and data security/data privacy. His deep industry knowledge helps clients to stay ahead of the curve with respect to developing law, technology, and best practices, whether in the context of active litigation and regulatory matters, or in seeking to avoid them. As data law continues to evolve at a rapid pace, Martin enables clients to keep pace while improving business-critical efficiency. Martin is also adept at leveraging both technology and strategic partnerships with technologists to achieve client objectives. He advances thought leadership in data law through his active involvement in the Sedona Conference Working Group on Electronic Document Retention and Production (WG-1), the Sedona Conference Working Group on Data Security and Privacy Liability (WG-11), the 7th Circuit E-Discovery Pilot Program Committee, the Legal Technology Professionals Institute, the ABA Section of Litigation, Privacy and Data Security Committee, and as a member of the International Association of Privacy Professionals (IAPP).

In addition, Martin frequently writes and presents on the subjects of e-discovery, information governance, cybersecurity, and legal technology. He has been repeatedly ranked by Chambers in the area of e-Discovery, and Who's Who Legal describes Martin as being "widely regarded for his 'superior knowledge' of electronic discovery and information governance."
 
Representative Experience
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Target Corporation: Represented a national retailer in multiple data breach class action lawsuits pending in Illinois courts prior to their consolidation in Minnesota by the Judicial Panel on Multi-District Litigation. Served as co-lead counsel at early hearings concerning motions for entry of preservation orders, transfer and consolidation, and for class certification, among others.
 
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Children's Memorial Hospital (CMH): Represented a children’s hospital in an alleged wage-fixing antitrust class action brought by registered nurses against CMH and four other Chicago-area healthcare providers. Led the defense team that defeated class certification.
 
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Insurance Broker: Represented an international insurance broker in defending breach of duty and negligence claims by an insured regarding the placement of insurance coverage for $80 million in damages caused by an explosion at a Florida pulp and paper plant. Obtained summary judgment in favor of client on all claims.
 
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International Market Research Firm: Represented a French market research company in defending charges of fraud, misappropriation of trade secrets, unfair trade practices, false advertising, and breach of contract, and a claim for damages in excess of $75 million. Second-chaired a four-week jury trial in that resulted in a complete defense verdict, which was featured in The National Law Journal's "Defense Verdicts of the Year, Part II."
 
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Tobacco Products Manufacturer: Represented a tobacco products manufacturer in successfully pursuing claims against a Chicago wholesaler and related entities for violation of Federal Lanham Act, 15 U.S.C § 1125, and related common law claims, after defendants were caught selling counterfeit versions of "TOP"-brand cigarette rolling papers.
 
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Siemens Building Technologies: Represented the energy service contractor subsidiary of Siemens, Inc. in a two-week arbitration proceeding in defending various claims arising from an energy performance contract dispute. Achieved a complete defense award.
 
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Fitness Clubs: Represented the former owners of a chain of upscale fitness clubs in pursuit of more than $40 million in claims and counterclaims for fraud and breaches of representation and warranty stemming from the defendants' acquisition of the health club business.
 
Awards & Recognition
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Chambers Global 2017, Ranked for Litigation: E-Discovery (USA)
 
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Chambers USA 2015-2017, Ranked Nationwide for Litigation: E-Discovery
 
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Super Lawyers Magazine 2011-2012, 2015-2017, Listed in Illinois for Business Litigation
 
Published Works & Lectures
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International Legal Technology Association Convention, Panelist, "Artificial Intelligence – What is it and why should I be attentive to it?" August 14, 2017
 
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RMA Executive Summit , Speaker, "Data Security Breaches – Obligations in a Cyber-Sensitive Regulatory Environment," August 1, 2017 
 
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Florida Hospital Association's 14th Annual Health Care Corporate Compliance Education Retreat, "Liability Arising from the Internet of Things," June 8, 2017
 
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Cyber Security In the Trump Administration Conference, Moderator, "Responding to a Data Breach," and, "Navigating the Sea of Cyber Security Threats," May 31, 2017
 
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CJCC State and Federal Judges Conference, Speaker, "21st Century Technology for the Bench, Bar, and Beyond," April 6, 2017
 
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DBA International 2017 Annual Conference, Speaker, "Cybersecurity Roundtable: What You Don't Know Can and Will Hurt You," February 8, 2017
 
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Third Annual Innovation in E-Discovery Conference, Presenter, November 29, 2016
 
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The Sedona Conference Journal, Co-Author, "The Sedona Conference Commentary On Rule 34 And Rule 45 'Possession, Custody, or Control,'" 17 Sedona Conf. J. 467 (2016)
 
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eTERA Consulting, Webinar Panelist, "Apples to Oranges - A Comparison of eDiscovery Pricing Models," June 21, 2016
 
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The Tenth Annual ABA National Institute on E-Discovery, Panelist, "A Discussion of the Stickiest Issues Involving TAR," May 20, 2016
 
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3rd Annual Northeast Corporate Counsel Forum 2016, Speaker, "eDiscovery: Federal Rules, Recent Rulings & Strategy," April 21, 2016
 
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ABA TECHSHOW, Co-Presenter, "Legal Survey: Cyber Security and Data Protection Laws," March 17, 2016
 
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ABA TECHSHOW, Co-Presenter, "Breach Response: Security Breaches Inside & Out," March 17, 2016
 
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Akerman Data Law Seminar, Moderator, "Are You Insecure About Cybersecurity?" November 17, 2015
 
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2015 Electronic Discovery Institute (EDI) Leadership Summit, Moderator, "Risky Business: Governing Information During Mergers, Acquisitions & Divestitures," October 15, 2015
 
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The 2015 EDI Judges' Guide to Discovery, Co-Author, "Chapter 1: Introduction To Information Systems At Organizations- It's Not A 'Just Push A Button' World," 2015
 
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Akerman Twentieth Annual Labor & Employment Law Seminar, Presenter, "Data Security Issues in the Workplace," September 2015
 
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Masters Conference for Legal Professionals, Speaker, "The Social Media (R)Evolution: How Social Media Content Impacts E-Discovery Risks and Costs," July 21, 2015
 
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5th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Speaker, "TAR Wars: Debating the Sticking Points," March 10, 2016
 
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ABA Techshow 2015, Speaker, "Don't Get in Over Your Head - Collaboration in E-Discovery Issues," April 17, 2015
 
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LegalTech New York, Panelist, "The E-Discovery Question Challenge, If You Choose to Accept," February 2, 2016
 
 
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Innovation in E-Discovery, Speaker, "'Net, 'Net, 'Net: BYOD, Cloud, Privacy, Cyber, and Data Protection" and "Disputes Involving Technology-Assisted Review (TAR) or Predictive Coding," December 3, 2014
 
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The 11th Annual Advanced eDiscovery Institute, Moderator, "Social Media: Is Anyone Really Appropriately Addressing Privacy Issues?" November 21, 2014
 
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ABA Techshow 2014 Conference and Expo, Panelist, "E-Discovery Caselaw Update," March 27-29, 2014
 
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eDiscovery & Info Governance Retreat, Speaker on eDiscovery Issues, September 18, 2014
 
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10th Annual Advanced eDiscovery Institute, Speaker, November 21-22, 2013
 
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ARMA Live! Conference 2013, Speaker, October 28-30, 2013
 
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Inside Counsel, Speaker, "E-Discovery FYI for BYOD (Bring Your Own Device) Corporations," August 14, 2013
 
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Carmel Valley E-Discovery Retreat, Panelist, "Can't We All Just Get Along? Reaching Consensus with Opposing Parties," June 19, 2013
 
Professional Memberships & Activities
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Sedona Conference Working Group on Electronic Document Retention and Production
 
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Seventh Circuit E-Discovery Pilot Program Committee
 
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American Bar Association, Section of Litigation, Privacy and Data Security Committee
 
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Seventh Circuit Bar Association
 
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Illinois State Bar Association
 
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Du Page County Bar Association
 
Community Involvement
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Village of Downers Grove, Illinois, Mayor, 2011-Present
 
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Village of Downers Grove, Illinois, Trustee, 2001-2009, Mayor Pro Tem, 2003-2009
 
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DuPage Mayors & Managers Conference, President, 2014-2015
 
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Downers Grove Economic Development Corporation, Ex-officio member, 2007-2009, 2011-Present
 
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DePaul University College of Law Center for Public Interest Law, Board Member, 2010-Present
 
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Hope's Front Door, Board Member, 2009-Present
 
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UIC Campus Alumni Advisory Board, Member, 2001-2005; 2011-Present
 
Public Decisions
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Top Tobacco, L.P. et al. v. Midwestern Cash & Carry, LLC, et al., No. 11 C4460, 2014 WL 243431 (N.D. Ill., Jan. 22, 2014)
 
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Reed, et al. v. Advocate Health Care, et al., 2009 WL 3146999 (N.D. Ill., Sept. 29, 2009)
 
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The People ex. Rel. The Board of Trustees of Chicago State University v. Siemens Building Technologies, Inc., 387 Ill.App.3d 606, 900 N.E.2d 414 (1st Dist. 2008)
 
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Commonwealth Insurance Co. v. Stone Container Corp., (N.D. Ill. 2002), aff'd 323 F.3d 507 (7th Cir. 2003)
 
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Research Systems Corp. v. IPSOS Publicité, et al., (S.D. Ind. 2000), aff'd 276 F.3d 914 (7th Cir. 2002)
 
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Bachman v. Bear, Stearns & Co., Inc., (N.D. Ill. 1998), aff'd 178 F.3d 930 (7th Cir. 1999)
 

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Martin T. Tully

Practice
Litigation
Education
J.D., DePaul University College of Law; cum laude; Order of the Coif
B.A., University of Illinois at Chicago
Bar Admissions
Illinois
 
 
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