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Introduction
Rich Tilghman, a partner in Nixon Peabody’s Complex Disputes practice, assists clients in resolving complex commercial litigation matters. He represents a broad range of clients in state and federal courts and alternative dispute resolution forums throughout the country, with an emphasis on pharmaceutical, life sciences, and biometric privacy disputes. Rich also co-leads the firm’s Biometric Privacy team.
My focus
Pharmaceutical, healthcare, and life sciences disputes
Many of the disputes I handle involve the development and manufacture of pharmaceutical products. I frequently work with clients in highly regulated industries, including pharmaceuticals, healthcare, and life sciences. I handle commercial disputes with vendors and customers, breach of contract actions, quality-related disputes, royalty disputes, and theft of confidential information and trade secrets. I have represented clients in several high-stakes litigation claims involving third-party service providers to health, welfare, and retirement plans. I also work with companies in the medical and adult-use cannabis sector.
I keep the client’s interests at the forefront by looking for efficient, cost-effective ways to avoid or resolve litigation. When cases cannot be resolved, I act as a forceful advocate to meet my clients’ business and legal objectives.
Biometric privacy litigation
I have defended numerous clients against claims alleging the misuse of biometric data. I also counsel clients on compliance with biometric privacy rules and regulations. My thought leadership in the biometric privacy arena includes news articles, industry presentations, and publications regarding all facets of biometric privacy litigation and regulation.
Trade secrets and restrictive covenants
I litigate cases and advise clients on matters involving trade secrets, non-disclosure agreements, breach of confidentiality provisions, restrictive covenants, and other confidential business information.
Representative experience
- Lead counsel for a pharmaceutical manufacturer in a complex AAA arbitration involving a customer dispute; the arbitrator ruled that the customer was not entitled to any damages on its $14 million breach of contract claim and that our client was entitled to approximately $250,000 in unpaid invoices, plus interest
- Lead counsel for a pharmaceutical manufacturer in a complex AAA arbitration involving a customer dispute; the arbitrator awarded our client the full amount of its claim, exceeding $2.7 million, as well as a discretionary award of attorneys’ fees and costs
- Handling several arbitration matters related to the development and manufacturing of pharmaceutical products
- Advising clients on biometric privacy issues, as well as defending several class actions filed under the Biometric Information Privacy Act (BIPA)
- Defending a hospital and healthcare center in a significant dispute with a third-party service provider
- Representing cannabis clients in regulatory enforcement and commercial litigation disputes
- Defending a manufacturer of pharmaceutical drugs in a claim brought by one of its clients for breach of contract and gross negligence
- Litigating a contract pricing dispute involving a pharmacy benefits manager and its client
- Prosecuting claims of breach of fiduciary duty, breach of restrictive covenants, and trade secret misappropriation against a regional sales director for a medical device manufacturer
- Resolving third-party professional liability claims on behalf of a client that had been improperly advised by its actuaries regarding the computation of benefits under its Employee Retirement Income Security Act (ERISA)-qualified benefit plan
- Defending claims of alleged employee poaching, breach of confidentiality, and breach of fiduciary duty on behalf of one of the largest mortgage loan originators in the country
- Representing a manufacturer of in-store advertising displays in a case involving allegations of trade secret misappropriation and breaches of restrictive covenants; helped the client defeat the plaintiff’s request for preliminary injunction, which would have essentially shut down the defendants’ businesses, by showing that the plaintiff’s employment agreements were likely unenforceable and that there were no protectable trade secrets at issue
Looking ahead
As we have exited the pandemic, the number of pharmaceutical manufacturing sites inspected by the FDA has increased substantially. I am keeping an eye on the ensuing fallout for manufacturers and their customers.
Insights
- Fingerprint Scans and Other Biometric Privacy Claims: Limiting Your Company’s Exposure,” CHRMS Risk Management and Patient Safety Law Day 2020, Webinar, November 20, 2020
In the news
- Privacy & Cybersecurity Law Report
NP thought leadership in leading journal
This industry journal, which covers the latest legal issues involving cybersecurity and data privacy, includes two NP articles based on client alerts. Complex Disputes practice group leader John Ruskusky, partners Rich Tilghman and Laura Bacon, and associate Kate Letcher, all in Chicago, contributed an article entitled, “The Seventh Circuit certifies question regarding accrual of BIPA claims to Illinois Supreme Court.” John and Rich also contributed a second article, “Workers’ Compensation Act does not bar claims under the Illinois Biometric Information Privacy Act, Illinois Supreme Court rules.” Both pieces provide insight on the Illinois Biometric Information Privacy Act and its litigation impacts to date.March 21, 2022 - Law Street
IDEXX Laboratories Inc sues former employees for disclosing trade secret information
This article covers a lawsuit filed by Maine-based veterinary diagnostics company IDEXX Laboratories against two former employees for allegedly violating trade secret laws and mentions NP for representing IDEXX Laboratories. The NP team is comprised of Labor & Employment partner Steve Jones and Complex Disputes associate Eric Ferrante, both in Rochester, and Chicago Privacy & Technology partner Richard Tilghman.March 1, 2022 - Law360
Planet Fitness scores end to two suits over fees in pandemic
This article covers an Illinois federal judge’s decision to toss out a lawsuit filed by two Planet Fitness members claiming the gym had unlawfully charged them fees during the pandemic. Chicago partner Rich Tilghman and associate Henry Caldwell, and Manchester partner Dan Deane and associate Nate Warecki, all in the Complex Commercial Disputes group, were mentioned for representing Planet Fitness.March 26, 2021 - Cybersecurity Law Report
Big questions for BIPA case law in 2021
In this article focusing on case law developments around Illinois’ Biometric Information Privacy Act in the year ahead, Chicago Complex Commercial Disputes partner Rich Tilghman is quoted extensively for his outlook on facial and voice recognition cases, extraterritoriality, arbitration defenses, what counts as a BIPA violation, and collected data.Feb 17, 2021 - Law360
NY, FTC Lead Charge to Expand Biometric Privacy Shields
In this article on the increasing regulatory scrutiny around biometric data, Chicago Complex Commercial Disputes partners John Ruskusky and Rich Tilghman are quoted for their outlook on New York’s bill introducing a biometric privacy bill and the move toward more disclosure and transparency in the way companies collect biometric data.Jan 15, 2021 - Law360
5 BIPA Cases That Moved the Needle in 2020
Chicago Complex Commercial Disputes partner Rich Tilghman is quoted in this article for his thoughts on two major BIPA cases in 2020: Bryant v. Compass Group USA Inc. and McDonald v. Symphony Bronzeville Park LLC.Dec 17, 2020 - HR Magzine
Illinois Workers’ Comp Law Doesn’t Pre-Empt Biometric Privacy Claim
Chicago Complex Commercial Disputes partners Rich Tilghman and John Ruskusky, and associate Henry Caldwell contributed this article, based on their recent blog post, on the rise in putative class actions in Illinois by employees against entities that employ biometric technology.Sep 28, 2020 - The American Lawyer
What’s Next: Why Facebook’s $550M biometrics settlement isn’t a huge deal
This article features Chicago Complex Commercial Disputes partners John Ruskusky and Richard Tilghman analyzing Facebook’s recent $550 million settlement in a class action suit alleging violations of Illinois’ Biometric Information Privacy Act.Feb 5, 2020 - Law360
Biggest Illinois Decisions of 2019
This article includes quotes and legal insights from Chicago Complex Commercial Disputes partners Seth Horvath and Richard Tilghman discussing some of year’s biggest Illinois decisions.Dec 19, 2019 - Business Insurance Magazine
Ruling against Facebook could propel additional biometric lawsuits
Aug 20, 2019In this article, Chicago Complex Commercial Disputes partner Rich Tilghman discusses the impact of a recent Ninth Circuit ruling recognizing the plaintiffs’ standing in a class action suit accusing Facebook of violating Illinois’ biometric law through its use of facial recognition technology.
- Retail Environment
3 legal trends will affect retailer strategies
Chicago Complex Commercial Disputes partner Rich Tilghman authored this article about how legal trends related to data protection and monetization, ADA accessibility, and leasing will impact retailer strategies.Feb 7, 2019
Admitted to practice
Illinois
U.S. District Court, Northern District of Illinois
Federal Trial Bar, Northern District of Illinois
U.S. Court of Appeals, Federal Circuit
Education
Boston College, B.S., cum laude
DePaul University College of Law, J.D., summa cum laude; Managing Editor of Notes and Comments, DePaul Law Review; Order of the Coif
Recognition
- Illinois Super Lawyers “Rising Star,” 2012 – 2015
Insights And Happenings
View AllProfessionals in the Practice Area
View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:415.984.8309
- abarron@nixonpeabody.com
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Kimberly Harding
Partner / Deputy Leader, Litigation Department
Leader, Labor Relations Team- Rochester
- Office:585.263.1037
- kharding@nixonpeabody.com
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health- Chicago
- Office:312.977.4460Mobile:708.606.8720
- jtruskusky@nixonpeabody.com
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Jeffrey S. Brenner
Partner / Practice Group Leader, Construction & Real Estate Litigation- Providence
- Office:401.454.1042
- jbrenner@nixonpeabody.com
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Daniel J. Hurteau
Partner / Deputy Practice Group Leader, Complex Disputes- Albany
- Office:518.427.2652
- dhurteau@nixonpeabody.com
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