Richard H. Tilghman IV

What do you focus on?

Health Care and Life Sciences Disputes

Many of the disputes I handle involve the health care and life sciences industry, including commercial disputes with vendors and customers, breach of contract actions, and claims for violation of restrictive covenants and theft of confidential information and trade secrets. I have prosecuted several high-stakes litigation claims against companies that have acted as third-party service providers for our clients’ health, welfare, and retirement plans.

I keep the client’s interests at the forefront at all times 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. I have tried numerous cases to verdict in various state and federal courts as well as arbitration forums. I have also successfully argued appeals before state and federal appellate courts.

Biometric Privacy Litigation

I have represented numerous clients in defending claims alleging the misuse of biometric data. I also counsel clients on compliance with biometric privacy rules and regulations. I have been a leading contributor to 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 breach 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 Privacy Act was the first biometric privacy legislation to allow for a private right of action by individual plaintiffs and has spawned numerous class action cases in Illinois and other United States jurisdictions. I am currently monitoring the growth of other privacy laws that regulate biometric information and the potential for ensuing class action litigation under these new regulations.

Representative Experience

• Currently prosecuting claims against a third-party service provider to a client’s health and welfare plan arising from the approval of tens of millions of dollars of fraudulent, wasteful, and abusive prescription drug claims.
• Currently involved in advising clients on biometric privacy issues, as well as defending several class actions filed under the Illinois Biometric Privacy Act (BIPA).
• Currently defending a hospital and health care center in a significant dispute with a third-party service provider.
• Currently defending a claim against a manufacturer of pharmaceutical drugs brought by one of the company’s clients alleging breach of contract and gross negligence.
• Successfully prosecuted claims of breach of fiduciary duty, breach of restrictive covenants, and trade secret misappropriation against a regional sales director for a medical device manufacturer.
• Successfully prosecuted and resolved 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 ERISA-qualified benefit plan.
• Successfully defended 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.
• Represented a manufacturer of in-store advertising displays in a case involving allegations of trade secret misappropriation, and breaches of restrictive covenants; we 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.
• Represented the defendant in a class action case, and subsequent appeal, in which the plaintiff sought over $70 million in damages. After obtaining 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