Tom has more than 30 years of experience trying cases in a wide variety of industries, including defending a pipeline company accused of monopolizing the transportation of natural gas, a maker of grand pianos accused of monopolization, and a baking company accused of predatory pricing. He has won seven of nine antitrust cases tried to verdict or decision.
Representative Legal Matters
- Successfully defended a hospital system and its affiliated health plan against charges of monopolization by predatory pricing.
- Successfully represented two Missouri hospitals in trial and appeal against the FTC’s action seeking to enjoin their merger.
- Successfully defended injunction and damages action at trial and on appeal challenging exclusivity arrangement in which a New Hampshire HMO obtained agreement of participating primary care physicians not to serve other HMOs.
- Defended injunction by government challenging proposed merger of two large Rockford, Illinois not-for-profit hospitals; argued appeal and acted as counsel of record in effort to obtain Supreme Court review.
- Represented a private research university in its action against the City of Evanston challenging on constitutional grounds the City’s imposition of a Local Historic District on the University. The case was resolved by a consent decree in February of 2004.
- Acted as co-lead counsel for a class of hospitals and other direct purchasers in the class action lawsuit against an American global generic and specialty pharmaceutical company and other defendants. A USD 35 million settlement was granted in favor of the class.
Professional Associations and Memberships
- Seventh Circuit Bar Association - Board of Governors
- Chicago Bar Association - Antitrust Law Committee
- American Bar Association - Section of Antitrust Law, Section of Litigation
- Abraham Lincoln Bicentennial Commission Foundation, Member, Board of Directors and Treasurer
- Chicago Symphony Orchestra, Governing Member
- Field Museum of Natural History, Member, Science Action Committee
- Seventh Circuit Bar Association Foundation, President and Director
- U.S. Court of Appeals, Eleventh Circuit~United States (2010)
- U.S. Court of Appeals, Second Circuit~United States (2010)
- U.S. Court of Appeals, Eighth Circuit~United States (1995)
- U.S. Court of Appeals, District of Columbia Circuit~United States (1992)
- U.S. Court of Appeals, First Circuit~United States (1992)
- U.S. Court of Appeals, Ninth Circuit~United States (1990)
- U.S. Court of Appeals, Fourth Circuit~United States (1988)
- Trial Bar of U.S. District Court~United States (1982)
- U.S. Court of Appeals, Seventh Circuit~United States (1976)
- U.S. Supreme Court~United States (1971)
- U.S. District Court, Northern District of Illinois~United States (1969)
- Illinois Supreme Court~United States (1968)
- Cornell Law School (1968)
- Dartmouth College (1965)
Tom is the author of Fighting Slavery in Chicago, Abolitionists, the Law of Slavery, and Lincoln (Ampersand, Inc. 2009) (ISBN 978-0-9818126-2-5) which traces the activities of the Chicagoans who formed a chapter of the Anti-Slavery Society, operated a station on the Underground Railroad freeing thousands of slaves, founded newspapers and political parties, and helped carry Lincoln to victory at the 1860 Republican Convention and in the election.