Gordon D. Todd

Gordon’s litigation experience includes:

• United States ex rel. Silbersher v. Janssen Biotech, Inc. (DNJ): Lead counsel representing pharmaceutical company defending against False Claim Act claims based on allegations of fraud on the Patent Office;
• Norfolk Southern Railway Co. v. Zayo Group LLC (EDVA): Represent Norfolk Southern as Plaintiff and Defendant in two related actions arising from a commercial dispute over the occupancy of a railroad corridor for telecommunications purposes. Summary judgment awarded to Norfolk Southern in both matters;
• Clear Channel v. City of New Rochelle (SDNY): Represent Plaintiff out-of-home advertising company in constitutional, statutory, and contractual challenge to City’s attempt to remove outdoor signage in violation of First Amendment and without payment of just compensation;
• Chevron Mining Inv. v. United States (D. NM). Lead trial for plaintiff in a CERCLA allocation action. Following trial, secured allocation to the United States of a significant share of responsibility for clean-up costs relating to an open-pit Molybdenum mine in Questa, New Mexico;
• Trade Secrets Dispute: Represented plaintiff technology company in private dispute resolution proceeding concerning misappropriation of confidential scientific and technological trade secrets. Matter concluded with settlement fully protective of clients’ confidential information;
• National Association of Home Builders et al v. United States Small Business Administration (E.D. Mich.): Lead counsel representing plaintiff trade association in successful challenge to the unlawful exclusion of many homebuilders from the Paycheck Protection Program;
• Zhou v. OUTFRONT Media (N.D. Cal.): Represented defendant billboard companies in lawsuit asserting First Amendment and contract claims arising from the cancellation of controversial election-related billboards; all claims successfully dismissed;
• Florida Senate v. EEOC (N.D. Fla.): Represented state legislative body in employment discrimination matter arising under the Government Employee Rights Act;
• Ford v. United States (USCIT): Represent Plaintiff automotive manufacturer in litigation relating to tariff classification of vehicles imported from Europe;
• 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;
• 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 dismissed and dispute settled favorably pending appeal; and
• 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.

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 a Deputy Associate Attorney General, Gordon helped the Associate Attorney General oversee the operations of the Tax Division, the Civil Rights Divisions, the Office of Justice Programs, the Office of Community Oriented Policing Services, and the Office on Violence Against Women. Gordon also represented the Department on an inter-departmental committee to coordinate False Claims Act enforcement. 
• 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. 

Gordon has a long history of donating his time pro bono to needy and worthy causes. Gordon co-heads the firm’s First Amendment practice focus area, including the firm’s religious liberties practice. Gordon leads Sidley’s partnership with Yale Law School’s Free Exercise clinic, which files amicus curiae briefs in appropriate religious liberties cases in federal and state courts of appeal. Gordon also takes on pro bono trial matters. Representative engagements include:

• Samuel A. Fryer Yavneh Academy et al v. Gavin Newsom (D.C. Cal.): Lead counsel in lawsuit brought by several religious schools challenging constitutionality of California’s school closure order. Matter resolved through settlement allowing the resumption of in-person education with appropriate safeguards;
• Wyatt v. Owens (W.D. Va.): Lead trial counsel representing plaintiff in Section 1983 civil rights action alleging use of unconstitutionally excessive force in effecting arrest. Jury returned a plaintiff’s verdict and awarded compensatory and punitive damages; and
• Congressional Hunger Center v. Gurey (DDC): Secured judgment against former employee of charity for theft of assets.

Gordon serves on the leadership committee for the John Carroll Society. Gordon is an annual faculty member for the National Institute for Trial Advocacy in Washington, D.C.