Martin T.
Tully

Martin’s work experience includes:

• Representing a major pharmaceutical company as discovery counsel in a multi-district litigation product liability matter involving numerous complex custodial, hybrid, and non-custodial data sources; assisting with negotiating and orchestrating entry of an ESI Protocol, preservation order, protective order, privilege logging order, sealing order, and Rule 502(d) order
• Representing a major transportation company as discovery counsel in a significant, complex, and high-stakes litigation matter involving a high volume of complex data sources, coupled with ongoing matters in various jurisdictions, multiple law firms, and vendors
• Working with a global automotive manufacturing company to provide ongoing advice and guidance on eDiscovery, information governance, records retention, and data privacy issues
• Providing a systematic review, categorization, and disposition of hard-copy documents and strategic advice concerning updates to the information governance program for a large retail chain
• Advising an international healthcare company regarding eDiscovery best practices, data privacy and cross-border data transfer issues, Microsoft 365 implementation strategies, and updating records retention policies and schedules
• Advising an infrastructure and real estate company regarding its data security and privacy policies and practices and related compliance issues
• Advising clients regarding the applicability of, compliance with, and best practices regarding requirements of data privacy and security laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act of 2018 (CCPA), the SEC Cybersecurity Rules, the FTC Safeguards Rule, the NYDFS Cybersecurity Regulation, and evolving state consumer data privacy laws and regulations
• Representing clients in multiple industries with respect to investigating, responding to, and remediating various data breach and data security incidents
• Managing corporate vulnerability assessments and developing updates and enhancements to data security policies and procedures, including implementing new policies surrounding data classification
• Advising clients on the drafting and negotiation of data processing addenda, data protection addenda, standard contractual clauses, and data transfer agreements

Martin has also represented clients in litigation spanning a broad range of fields and industries, which include the following representative matters:

• Representing national aftermarket turnkey provider of power plant repair and manufacturing solutions in defense of claims for indemnification and insurance coverage stemming from a catastrophic turbine failure
• Representing a visitor lifecycle management company in defense of claims asserted by a putative class for violations of the Illinois Biometric Information Privacy Act (BIPA)
• Representing a receivables management company in securing a $1.5 million judgment against its former president for misappropriation of trade secrets
• Representing the majority members of a limited liability company in defense of claims asserted by the minority member for dissociation, breach of fiduciary duty, statutory violations, and fraud
• Representing 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; serving as co-lead counsel at early hearings concerning motions for entry of preservation orders, transfer and consolidation, and for class certification, among others
• Representing a children’s hospital in an alleged wage-fixing antitrust class action brought by registered nurses against the hospital and four other Chicago-area healthcare providers; led the defense team that defeated class certification
• Representing 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
• Representing 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; A four-week jury trial resulted in a complete defense verdict that was featured in The National Law Journal’s “Defense Verdicts of the Year, Part II”