Gordon D. Todd
GORDON TODD, a trial lawyer, represents plaintiffs and defendants in criminal and civil litigation matters in federal, state and administrative courts. In addition, Gordon routinely represents clients in connection with government inquiries, internal investigations and other enforcement matters. Prior to joining Sidley, Gordon held several posts at the United States Department of Justice. Gordon is a former law clerk to Justice Samuel Alito and to Eighth Circuit Judge C. Arlen Beam.
Gordon’s litigation experience includes:
- Ford v. United States (United States Court of International Trade). Represent Ford Motor Company in challenge to Customs and Border Protection’s classification of Ford Transit Connect vehicles as vehicles principally designed for the transport of goods (dutiable at 25%) rather than vehicles principally designed for the transport of persons (dutiable at 2.5%);
- Misappropriation of Trade Secrets: Represented technology company in dispute over competitor’s misappropriation of trade secrets. Following mediation, matter resolved through favorable settlement that fully protected client’s intellectual property rights;
- Raytheon Company v. BAE Systems (Del. Chancery): Represent plaintiff in lawsuit alleging contract and tort claims arising out of the cancellation of a program to upgrade the avionics and radar systems on South Korea’s fleet of F-16 fighter aircraft
- Wyatt v. Owens (W.D. Va.): Lead trial counsel representing plaintiff in civil rights action alleging use of unconstitutionally excessive force in effecting arrest.
- Clear Channel v. City of Baltimore (Md. Tax Court): Lead trial counsel for plaintiff in suit challenging constitutionality of tax levied on privately owned, commercial, off-premises billboards.
- In re Veg Liquidation, Inc. (W.D. Ark. Bkty): Represent defendant professional services firm in a series of bankruptcy Adversary Proceedings involving claims under the Perishable Agricultural Commodities Act (PACA) as well as various common law claims;
- Johnson ex rel. United States (E.D. Cal.). Represented major retailer in False Claims Act qui tam lawsuit relating to the execution of a federal nutrition program. Suit dismissed following non-intervention by Government;
- Willie McCormick & Sons, Inc. v. Lakeshore Engineering Services, Inc., et al. (E.D. Mich.): Lead defense counsel in suit alleging civil RICO and antitrust conspiracies to rig the market for municipal services contracts. All claims against the client dismissed and dispute settled favorably pending appeal;
- In re Tyson Farms (USDA): Lead trial counsel defending against alleged breaches of the Packers & Stockyards Act in connection with payments made for the raising of poultry. Defense verdict following trial;
- 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.): Represented 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.
Gordon’s experience in counseling and investigations includes:
- 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), the Federal Reserve, and the United States Postal Service.
Prior to joining Sidley, Gordon held several posts at the United States Department of Justice:
- As Deputy Associate Attorney General, Gordon assisted the Associate Attorney General manage the Department’s civil components. Gordon’s portfolio included reviewing litigation conducted by the Tax and Civil Rights Divisions, as well as the operations of the Office of Justice Programs, the Office of Community Oriented Policing Services, and the Office on Violence Against Women. Gordon served on an interagency committee on False Claims Act enforcement, and also handled various special projects.
- As Special Counsel for Supreme Court Nominations, Gordon directed a team of lawyers supporting the nomination and confirmation process for Supreme Court justices.
- As Counsel to the Assistant Attorney General for Civil Rights, Gordon served as legal and policy advisor to the Assistant Attorney General heading the Civil Rights Division. Gordon’s duties included overseeing litigation involving Fair Housing, Fair Lending, and Disability rights issues, coordinating with the Division’s administrative component, and focusing on other special projects.
- Faculty Member, National Trial Advocacy Institute (NITA) trial advocacy program, Georgetown Law Center (Annual)
- Presentation, Shifting Constitutional Sands for Out-of-Home Advertising, Outdoor Advertising Association of America Legal Seminar (November 2016)
- 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)
- 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)