Richard H. Tilghman IV

What do you focus on?

Healthcare and life sciences disputes

Many of the disputes I handle involve the health care, life sciences, and other highly regulated industries, including commercial disputes with vendors and customers, breach of contract actions, claims for violation of restrictive covenants, internal investigations, and theft of confidential information and trade secrets. I have prosecuted several high-stakes litigation claims against companies acting as third-party service providers for our clients’ 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.

Trade secrets, restrictive covenants, and confidential information

I frequently advise clients on protecting, licensing, and leveraging company data, trade secrets, and other confidential business information. I have litigated numerous cases involving allegations of trade secret misappropriation, breaches of confidentiality provisions, and violations of post-employment restrictive covenants. I also counsel clients on how to avoid the misappropriation of confidential and proprietary data through non-disclosure agreements, confidentiality provisions, and restrictive covenants.

What do you see on the horizon?

The Illinois Biometric Information Privacy Act (BIPA)—the first such legislation to allow for a private right of action by individual plaintiffs—has spawned numerous class action cases in Illinois and other US jurisdictions. I will continue to monitor the development of similar privacy laws that regulate biometric information and evaluate the risk of ensuing class action litigation under these new regulations.

Representative experience

• 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 BIPA
• Defending a hospital and healthcare center in a significant dispute with a third-party service provider
• Representing a company in the cannabis industry on regulatory requirements and compliance investigations
• 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 who had been improperly advised by its actuaries regarding the computation of benefits under its 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
• Representing the defendant in a class action case and subsequent appeal in which the plaintiff sought over $70 million in damages; obtained a dismissal in the trial court, the appellate court affirmed, and the plaintiffs recovered no damages

Presentations

• “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