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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 T. Tully is a litigator and co-chair of the firm's Data Law Practice. He is a veteran trial lawyer with national experience representing companies and individuals in complex commercial litigation concerning a broad array of fields and industries. Martin routinely represents clients in cases involving 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.

Empowered by his commercial litigation practice, Martin is also nationally recognized for his knowledge and experience in the fields of electronic discovery, information governance and data security/data privacy. His expertise helps clients to stay ahead of the curve in each of these fields 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. Martin is also adept at leveraging both technology and strategic partnerships with technologists to achieve client objectives in each of these areas. Martin advances thought-leadership in Data Law through his active membership 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 ABA Section of Litigation, Privacy and Data Security Committee, and as a member of the International Association of Privacy Professionals (IAPP). In addition, Martin has written and presented extensively on the subjects of e-discovery, information governance, cybersecurity, and legal technology, and he was recently acknowledged by Who’s Who Legal as being “widely regarded for his ‘superior knowledge’ of electronic discovery and information governance.”
 
Representative Experience
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Represented Target Corporation 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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Represented corporate flight department of privately held health care company in defense of whistleblower employment discrimination claim brought under Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21) 49 U.S.C. §42121.
 
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Successful pursuit of claims for violation of Federal Lanham Act, 15 U.S.C § 1125, and related common law claims against a Chicago wholesaler, several related retailers, and their individual owners, who had been caught selling counterfeit versions of "TOP"-brand cigarette rolling papers.
 
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Successful defense of Children's Memorial Hospital in an alleged wage-fixing antitrust class action brought by registered nurses against CMH and four other Chicago-area health care providers. Led team that defeated class certification.
 
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Representation of Siemens Building Technologies, Inc. in a two- week arbitration proceeding arising from an energy performance contract dispute. Achieved a complete defense award.
 
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Lead counsel representing former owners of chain of eighteen upscale fitness clubs with respect to more than $40 million in claims and counterclaims for fraud and breaches of representation and warranty stemming from the defendants' acquisition of the business.
 
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As lead counsel, obtained summary judgment for insurance broker and its former National Litigation Counsel with respect to claims of tortious interference, defamation and fraudulent inducement asserted by plaintiff, arising from his discharge as a senior litigator in client's law department.
 
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Obtained summary judgment for insurance broker with respect to breach of duty and negligence claims by the insured regarding placement of insurance coverage for $80 million in damages caused by an explosion at a Florida pulp and paper plant.
 
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Lead counsel representing purchaser of professional landscape and irrigation supply company in seeking indemnification for multimillion dollar claims against sellers for breaches of warranties and representations contained in purchase agreement.
 
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Represented several affiliated oil production companies in defense of a multi-billion dollar action brought under the False Claims Act.
 
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Successfully defended a French international market research firm charged with 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 for which was featured in The National Law Journal's "Defense Verdicts of the Year, Part II."
 
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First-chaired a multi-phase arbitration proceeding that resulted in a substantial arbitration damage award in favor of client CIMLINC Inc. in its breach of contract claims against SofTech, Inc. Obtained a complete defense verdict for CIMLINC Inc.
 
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Achieved dismissal of RICO and state law claims brought against Bear Stearns by a former employee and shareholder of a company that was alleged to have hired Bear Stearns to assist in a fraudulent scheme to undervalue the employee's stock. Argument for Bear Stearns following plaintiff's appeal to the Seventh Circuit Court of Appeals resulted in affirmation of trial court's decision in an opinion that refined and narrowed civil liability under the RICO statute.
 
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Represented Covia (now known as Galileo International Partnership), in a breach of contract action against Northwest Airlines to recover over $8 million in past-due fees and charges stemming from Northwest's participation in the Apollo computerized reservation system.
 
Awards & Recognition
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Chambers Global 2017, Ranked for Litigation: E-Discovery (USA)
 
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Chambers USA 2015-2016, Ranked Nationwide for Litigation: E-Discovery
 
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Super Lawyers Magazine 2011-2012, 2015-2016, Listed in Illinois for Business Litigation and E-Discovery
 
Published Works & Lectures
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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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5th Annual ASU-Arkfeld eDiscovery and Digital Evidence Conference, Speaker, "TAR Wars: Debating the Sticking Points," March 10, 2016
 
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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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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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ABA Techshow 2015, Speaker, "Don't Get in Over Your Head - Collaboration in E-Discovery Issues," April 17, 2015
 
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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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eDiscovery & Info Governance Retreat, Speaker on eDiscovery Issues, September 18, 2014
 
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ABA Techshow 2014 Conference and Expo, Panelist, "E-Discovery Caselaw Update," March 27-29, 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
 
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Illinois State Bar Association Tort Law Section seminar on Technology to Know in Tort Litigation, Speaker, "Avoiding E-Discovery Pitfalls through Informed Cooperation with Opposing Counsel," May 14, 2012
 
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ABA TECHSHOW, Panelist, "Preparing to Litigate: The Latest Smart Litigation Management Tools," March 29, 2012
 
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Illinois Institute for Continuing Legal Education, E-Discovery Practice Handbook, Co-author, Chapter 10: "Authenticity and Admissibility of ESI," 2012
 
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2011 CALSM-posium, Panelist, "Cloud Computing: Beyond the Basics," October 11, 2011
 
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ALM Virtual LegalTech Webinar, Panelist, "Getting Ready for Next Generation eDiscovery," March 17, 2011
 
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LegalTech "Town Hall Session", Panelist, "Understanding and Mitigating the Risks of Cloud Technology," February 1, 2011
 
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Co-author, "Class Certification In Securities Fraud Actions: A View From The Second Circuit," PLI Securities Litigation & Enforcement Institute, 2011
 
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Chicago Chapter of the American Society for Digital Forensics and Electronic Discovery (ASDFED) Monthly Meeting, Speaker, "Social Networks and Other Non-Traditional Technology: The New Face of E-Discovery," November 10, 2010
 
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Masters Conference for Legal Professionals, Panelist, "Achieving Litigation Readines and Developing an E-Discovery Response Plan," October 4, 2010
 
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ABA Section of Litigation, Technology for the Litigator Quarterly Newsletter, Co-author, "Meeting the Challenges of EU-U.S. Cross Border Data Movement," July 2010
 
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LegalTech West Coast, Legal Technology in Practice Track, Panelist, "Cloud Computing and Advanced Sharing Technologies," June 24, 2010
 
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ABA Section of Science & Technology Law, First Annual Electronic Discovery and Digital Evidence Practitioners' Workshop, Panelist, "Proven Strategies to Increase Value and Lowers Costs Early in the Litigation Lifecycle," May 19, 2010
 
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IQPC's 9th eDiscovery Conference, Panelist, "Protecting Privileged Communications and FRE 502," April 28, 2010
 
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IQPC's 3rd eDiscovery Conference for the Financial Services Industry, Moderator, "Handling E-Discovery During Insolvency, Bankruptcy or Restructuring," February 25, 2010
 
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4 PRIVACY & DATA SECURITY LAW JOURNAL 771, Co-author, "Practice Safe SaaS: Don't Lose Your Head (Or Data) In the Clouds," October 2009
 
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 to 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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