Martin T. Tully

Martin T. Tully is a veteran trial lawyer with comprehensive, national experience representing companies of various sizes in complex commercial litigation concerning a broad array of industries. Mr. Tully has represented clients in a variety of matters involving contract disputes, business torts, antitrust claims, actions for emergency and injunctive relief, breach of representations and warranties, breach of fiduciary duty, trade secrets, restrictive covenants, defamation, energy law, toxic torts, executive-level employment disputes, and consumer class action defense. As national head of Katten’s Electronic Discovery and Evidence Practice, he helps clients to stay ahead of the curve with respect to developing law, technology and best practices concerning electronic discovery in litigation and regulatory matters, document retention practices, and successfully navigating state and federal requirements pertaining to the preservation and production of electronically stored information (ESI). Mr. Tully is a co-chair of the American Bar Association’s Trial Practice/Courtroom Technology Subcommittee and serves as a web editor for the ABA Section of Litigation newsletter Technology for the Litigator. He is also a member of the Sedona Conference Working Group on Electronic Document Retention and Production (WG1) and the Seventh Circuit E-Discovery Pilot Program Committee.

In 2001, Mr. Tully was featured in The National Law Journal’s "Defense Verdicts of the Year, Part II" for his role in Research Systems Corp. v. IPSOS S.A., in which a French multinational market research firm had been sued in the plaintiff’s hometown of Evansville, Indiana. More recently, Mr. Tully led a Katten team that defeated class certification in a major wage-fixing class action brought by registered nurses against his client, Children’s Memorial Hospital, and four other Chicago-area health care providers. Reed, et al. v. Advocate Health Care, et al., 2009 WL 3146999 (N.D. Ill., Sept. 29, 2009).

Mr. Tully’s proficiency as a trial and appellate advocate spans multiple state and federal courts across the country. He also is considerably experienced in the alternative dispute resolution (ADR) context, having achieved favorable awards and results for clients in both arbitration and mediation proceedings under the rules of the American Arbitration Association, JAMS Resolution Centers, and court-mandated dispute resolution programs. Most recently, Mr. Tully achieved a complete defense award on behalf of Siemens Building Technologies, Inc. in a two-week arbitration proceeding arising from an energy performance contract dispute.

Mr. Tully received his BA from the University of Illinois and his JD, cum laude, from DePaul University College of Law. He is admitted to practice law in Illinois and before the Supreme Court of Illinois, the US Court of Appeals for the 6th, 7th and 10th Circuits, and the US District Courts in Colorado and the Northern District of Illinois, where he is a member of the Trial Bar. Mr. Tully also currently serves as the head of litigation associate training for Katten's Chicago office. He has been listed in Illinois Super Lawyers (2011–2012).

Recent Presentations and Publications

• Panelist, “Social Media: An Update on Evolving Trends and the Effect They Are Having on the eDiscovery Landscape,” Masters Conference for Legal Professionals, Chicago CLE Series, Chicago (June 20, 2012)
• Panelist, “Mock Meet-and-Confer & Hearing,” Seventh Circuit Electronic Discovery Pilot Program’s Workshop on Computer-Assisted Review, Chicago (June 14, 2012)
• Speaker, “Discovery 2012,” Pincus Professional Education’s 3rd Annual Federal Court Boot Camp Conference, Chicago (June 8, 2012)
• Panelist, “The Global Data Dichotomy: An International View of Discovery,” Kroll Ontrack Advanced E-Discovery Certification Course, Eden Prairie, Minnesota (June 7, 2012)
• Panelist, “To the Cloud? IT Storage Alternative, E-discovery Tool, or Both?,” Kroll Ontrack Advanced E-Discovery Certification Course, Eden Prairie, Minnesota (June 7, 2012)
• Speaker, “Avoiding E-Discovery Pitfalls Through Informed Cooperation with Opposing Counsel,” ISBA Law Education Program: Technology to Know Now in Tort Litigation, Chicago (May 4, 2012)
• Presenter, "Preparing to Litigate: The Latest Smart Litigation Management Tools," ABA TECHSHOW 2012, Chicago (March 29, 2012)
• Panelist, “E-Discovery in 2012: What Attorneys Need to Know,” Presented by Pincus Professional Education, Chicago (March 8, 2012)
• Co-author, Chapter 10: "Authenticity and Admissibility of ESI," Illinois Institute for Continuing Legal Education, E-Discovery Practice Handbook (2012).
• Panelist, "Cloud Computing: Beyond the Basics," 2011 CALSM-posium, Chicago (October 11, 2011)
• Panelist, “Getting Ready for Next Generation eDiscovery,” ALM Virtual LegalTech Webinar (March 17, 2011)
• Panelist, “Understanding and Mitigating the Risks of Cloud Technology,” LegalTech “Town Hall Session,” New York (February 1, 2011)
• Panelist, “Pardon the E-Discovery,” LegalTech “EMC Supersession,” New York (February 1, 2011)
• Speaker, “Social Networks and Other Non-Traditional Technology: The New Face of E-Discovery,” Chicago Chapter of the American Society for Digital Forensics and Electronic Discovery (ASDFED) Monthly Meeting, Chicago (November 10, 2010)
• Panelist, “Achieving Litigation Readiness and Developing an E-Discovery Response Plan,” Masters Conference for Legal Professionals, Washington, D.C. (October 4, 2010)
• Panelist, “EDRM Stages—Preservation through Production,” CALSM-posium, Chicago (September 30, 2010)
• Co-author, “Meeting the Challenges of EU-U.S. Cross-Border Data Movement,” ABA Section of Litigation, Technology for the Litigator Quarterly Newsletter (July 2010) [available at www.abanet.org, Section member access required])
• Panelist, “Cloud Computing and Advanced Sharing Technologies,” LegalTech West Coast, Legal Technology in Practice Track, Los Angeles (June 24, 2010)
• Panelist, "Proven Strategies to Increase Value and Lower Costs Early in the Litigation Lifecycle," ABA Section of Science & Technology Law, First Annual Electronic Discovery and Digital Evidence Practitioners' Workshop, Chicago (May 19, 2010)
• Panelist, “Protecting Privileged Communications and FRE 502,” IQPC's 9th eDiscovery Conference, San Francisco (April 28, 2010)
• Panelist, “Social Networks and Other Non-Traditional Technology: The New Faces of Electronic Discovery” IQPC's 3rd eDiscovery Conference for the Financial Services Industry, New York (February 25, 2010)
• Moderator, “Handling E-Discovery During Insolvency, Bankruptcy or Restructuring” IQPC's 3rd eDiscovery Conference for the Financial Services Industry, New York (February 25, 2010)
• Moderator,“Tapping Your Resources to Organize an Effective Records Management Program” IQPC's 8th Annual eDiscovery Conference, New York (December 8, 2009)
• Co-author, “Practice Safe SaaS: Don’t Lose Your Head (Or Data) In The Clouds,” 4 Privacy & Data Security Law Journal 771 (October 2009)
• Speaker, “Litigation Landscape: The Perils of Having Too Much Information,” Child Health Corporation of America’s Human Resources Forum, Baltimore (October 29, 2009)
• Co-author, "Lorraine’s Song: Have the Bench and Bar Been Listening to the Music?" (Program materials from“Getting Electronically Stored Data Admitted into Evidence” segment of 2009 ABA Section of Litigation Annual Conference [available at www.abanet.org, Section member access required])
• Panelist, “Protecting The Attorney-Client Privilege: Federal Rule Of Evidence 502 – What Specifically Does It Mean For Your eDiscovery Processes?” IQPC’s 7th Annual eDiscovery Conference, San Francisco (April 29, 2009)
• Panelist, “Understanding The Implications Of Federal Rule Of Evidence 502,” IQPC's 2nd Annual eDiscovery Conference for the Financial Services Industry, New York (February 26, 2009)