Gordon D. Todd
GORDON D. TODD, a partner in the Washington, D.C. office, represents corporate and individual clients in government investigation and litigation matters, and also counsels clients on regulatory and compliance issues. Mr. Todd has appeared before numerous state and federal courts and administrative agencies.
Prior to joining Sidley, Mr. Todd held several appointments at the United States Department of Justice. Mr. Todd served as a Deputy Associate Attorney General, where his portfolio included tax, civil rights and healthcare enforcement. Mr. Todd also served as Special Counsel for Supreme Court Nominations in the Office of Legal Policy. Mr. Todd also previously served as Counsel to the Assistant Attorney General for the Civil Rights Division, in which capacity he handled fair lending, housing discrimination, and disability rights litigation. Before joining the Department of Justice, Mr. Todd was an associate at another Washington, D.C. law firm where he practiced civil rights and commercial trial and appellate litigation.
Mr. Todd was a law clerk to the Honorable Samuel A. Alito, Associate Justice of the Supreme Court of the United States, and to the Honorable C. Arlen Beam, Judge on the United States Court of Appeals for the Eighth Circuit.
Representative Trial Matters
- In re Veg Liquidation, Inc. (W.D. Ark. Bkty): Represented defendant professional services firm in bankruptcy court Adversary Proceeding asserting claims to recover alleged trust assets pursuant to the Perishable Agricultural Commodities Act (PACA). All claims dismissed for want of standing and failure to state a claim;
- Willie McCormick & Sons, Inc. v. Lakeshore Engineering Services, Inc., et al. (E.D. Mich.): Lead counsel representing individual defendant in civil RICO and antitrust matter alleging a conspiracy to rig the market for municipal services contracts. All claims against client dismissed and dispute settled favorably pending appeal;
- In re Tyson Farms (USDA): Represented defendant as lead trial counsel on allegations of breaches of the Packers & Stockyards Act in connection with payments made for the raising of poultry. Agency’s claims denied following trial and verdict in defendant’s favor;
- Scenic Jacksonville, Inc. v. Clear Channel Outdoor, Inc. (Fla.): Represented defendant in action to enforce settlement agreement seeking to compel the removal of digital and static billboards in the City of Jacksonville. Matter resolved through favorable settlement and legislative change that confirmed the legality of all existing signs, allowed for the expansion of client’s digital sign inventory, and provided for relocation of signs to more favorable locations;
- Cook v. Howard Industries, Inc. (S.D. Miss.): Represented defendant in class action suit alleging race discrimination in hiring. Matter resolved through a favorable class settlement;
- Stark 1350, LLC v. City of Cleveland (N.D. Ohio): Represented City defendant against Constitutional challenge to the legality of its outdoor advertising code. Matter resolved with a favorable settlement without change to the sign code;
- United States ex rel. Lisitza (D. Mass.): Represent defendant pharmaceutical corporation against allegations of payment of unlawful kickbacks and inducement of false claims for reimbursement to federal and state health care programs. Matter resolved through favorable settlement;
- Macomb County Drain Drainage District v. Kilpatrick (E.D. Mich.): Represented individual defendant on RICO, antitrust, fraud, and various other state law claims in a matter arising out of the criminal prosecution of former Detroit Mayor Kwame Kilpatrick. Summary judgment awarded on all counts in client’s favor;
- T.B. v. Pierson (Ala.): Represented international credit card company in state court tort suit alleging facilitation of tortuous conduct arising out of the online marketing, through credit card payments, of salacious photographs of minor female plaintiff. Secured dismissal as a matter of law of original and amended complaints for failing to meet the requirements for imposing tort liability for the criminal conduct of a third party;
- QVC, Inc. v. Your Vitamins, Inc. (D. Del.): Represented defendants/counter-claimants in a Lanham Act and deceptive trade practices matter arising out of the televised marketing of vitamins and dietary supplements. Matter resolved through a favorable settlement;
- Crawley v. Clear Channel Outdoor, Inc. (M.D. Fla.): Represented defendant in putative state law class action arising out of the advertizing of tribal gambling in Florida. Lawsuit dismissed for failure to state a claim upon which relief could be granted;
- State of Oklahoma v. Tyson Foods (N.D. Okla.): Represented defendant in a five-month long bench trial on numerous federal and state environmental and tort claims. Successfully briefed and argued for the mid-trial dismissal of several claims and for the pre-trial exclusion of scientific expert causation witnesses;
- United States v. Acevedo-Vila (D.P.R.): Represented the former Governor of Puerto Rico in connection with campaign finance, public corruption, and tax charges. Fifteen counts dismissed prior to trial, and jury acquittal on all nine remaining counts; and
- Davis v. East Baton Rouge Parish School District (M.D. La.): With prior law firm, represented public school system in a successful effort to bring to a close a fifty-year old desegregation matter.
Counseling & Investigations
- Internal Investigations: Work with in-house counsel to conduct internal investigations into criminal, civil, and corporate policy compliance-related issues, and consult with client as to necessary and appropriate internal and external steps and procedures; and
- Government Investigations: Represent corporate and individual clients in civil and criminal government investigations, including conducting internal investigations and negotiating with relevant investigatory or regulatory agencies. Experience includes investigations by or involving the United States Departments of Justice, Agriculture, and Housing and Urban Development, the Environmental Protection Agency (EPA), and financial regulatory agencies including the Federal Deposit Insurance Corporation (FDIC), the Consumer Finance Protection Bureau (CFPB), the Office of the Comptroller of the Currency (OCC), and the Federal Reserve.
Representative Publications & Professional Activities
- Presentation, Constitutionality of Location-Based and Commerce-Based Regulation of Outdoor Advertising Following Reed v. Town of Gilbert, Outdoor Advertising Association of America (October 2015)
- Faculty Member, National Trial Advocacy Institute (NITA) trial advocacy program, Georgetown Law Center (Annual)
- Presentation, First Amendment Issues in Outdoor Advertising, Outdoor Advertising Association of America Annual Legal Seminar (November 2014)
- Faculty Member, PLI 19th Annual Consumer Financial Services Institute (April 2014)
- Presentation, Confronting Targeted Billboard Taxes: First Amendment Challenges, Outdoor Advertising Association of America (December 2013)
- Symposium Participant: Disparate Impact: Ensuring Common-Sense Fair Lending Policies, United States Chamber of Commerce Center for Capital Markets Competitiveness & National Chamber Litigation Center (October 2013)
- Participant, SCOTUSblog Symposium on the Supreme Court’s Role in the 2012 Presidential Election (2012)
- Presentation, Effective Oral Advocacy, University of Virginia School of Law Lile Moot Court Program (2009)
- Keynote Speaker, Justice Department Priorities & Initiatives, Kentucky Bar Association Annual Meeting, Lexington (2006)
- Keynote Speaker, National Advisory Committee on Violence Against Women Convening Meeting, Dallas (2006)
- Panel Participant, Addressing New Home Mortgage Disclosure Act Data, ACI National Corporate Counsel Conference, Washington (2005)
- Panel Participant, Racial Profiling in Federal Law Enforcement, Network of Indian Professionals Conference, Atlanta (2005)
- Delegation Member, United States Mission to the Organization for Security & Cooperation in Europe Summit on Racism & Xenophobia on the Internet (2004)