Thomas F. Bush

Partner

[email protected]

Phone: (312) 360-6837

Fax: (312) 360-6520

A client surveyed by Chambers said of Tom Bush, “He’s the guy who gets on and does the work. He’s a highly strategic thinker. We tell him what we want to achieve, and he moves heaven and earth to come up with a strategy to deliver.” Another client said, “He has got a wealth of experience. He’s very analytical, and very clear in the guidance he gives.”

About

About

Tom Bush is a Partner in the Litigation Practice Group and member of the Firm’s Insurance/Reinsurance Industry Group. He has extensive experience in complex litigation involving antitrust, insurance and reinsurance matters, and, in particular, has been very actively involved in the representation of significant lawsuits and arbitrations for global reinsurers in disputes arising from large scale losses. Tom also represents and counsels insurance companies and investment firms on antitrust compliance and on competition issues arising in mergers and acquisitions.

Tom also serves as a commercial arbitrator and is listed on the American Arbitration Association's National Roster of Arbitrators.

Prior to joining Freeborn & Peters, Tom was a Partner at Locke Lord, where he was Co-Chair of the firm’s Antitrust Litigation Practice Group. Tom also served as a law clerk to Chief Judge Collins J. Seitz, U.S. Court of Appeals for the Third Circuit.

Representative Matters

Representative Matters

  • Defending a group of Lloyd's underwriting syndicate in an antitrust class action.

  • In re Insurance Brokerage Antitrust Litigation, (District Court of New Jersey) Defending Alterra Capital against antitrust and RICO claims against major insurance companies and brokers, arising out of the investigations of the insurance industry by the attorney general of New York.

  • Representing a large insurance company in arbitration and litigation involving property damage and business loss claims at the World Trade Center.

  • Representation of leading life reinsurer in multiple arbitrations and litigation.

  • Represented an international insurance company in litigation and arbitration arising out of the collapse of the world’s largest aviation reinsurance pool.

  • Represented several corporate executives in grand jury investigations involving possible antitrust law violations.

  • In mergers and acquisitions subject to review by antitrust enforcement agencies, regular advice to parties on filing requirements and antitrust risk and representation before the agencies.

  • Represented numerous global reinsurance companies in major arbitrations.

Honors & Awards

Honors & Awards

  • Leading Lawyers: Antitrust Law; ADR Law: Commercial Litigation; Insurance, Insurance Coverage and Reinsurance Law (multiple years)
  • Who’s Who Legal: Insurance & Reinsurance (2019, cited in multiple years)

Professional Activities

Professional Activities

  • American Bar Association
  • American Arbitration Association, Panel Member

Speaking Engagements

  • “The Art of Designing Reinsurance Contracts and Programs”, Re Contracts Seminar, Reinsurance Association of America, July 2016
  • “The Current State of Antitrust Immunity for Insurance Companies”, 14th Annual Half-Day Insurance and Reinsurance Seminar, New York, June 2015

Perspectives

Media

Media

Publications

  • "Arbitration in Antitrust Cases," Lexis Practice Advisors (2018)
  • "Antitrust Compliance Audits," Antitrust Compliance Handbook, American Bar Association (2018)
  • "A Framework for Assessing Settlement Allocations Among Reinsurers," ARIAS Quarterly (2016)
  • "A Broader View: An ITC Case Could Give US Domestic Firms a Powerful New Weapon," Competition Law Insight (2016)
  • "A Response to the Arbitrators' Panel on the Code of Conduct," ARIAS U.S. Quarterly (2016)
  • "The Handbook of Competition Enforcement Agencies - US DoJ Overview," Global Competition Review (2015)
  • "When Do U.S. Antitrust Laws Apply To Foreign Insurers?" Mealey's Emerging Insurance Disputes, Vol. 19, #17 ( 2014)
  • "The Handbook of Competition Enforcement Agencies," (2013)
  • "The Handbook of Competition Enforcement Agencies," (2012)
  • "Has A New York Court Exposed Reinsurers To Antitrust Liability For Collaborating On Claims?" Mealey's Emerging Insurance Disputes (2011)
  • "The US Federal Trade Commission Attempts to Expand a Monopolist’s Duty to Deal with Rivals” Competition Law Insight (2010)
  • "Back to the Future in US Antitrust Enforcement: Refusals to Cooperate with Competitors," Competition Law Insight (2009)
  • "US Antitrust Liability and an Evolving China," Law 360 (2009)
  • "A Question of Disclosure: The European Commission Needs to Reconsider its Position on US Privilege Rules," Competition Law Insight (2008)
  • "No Pressure: Whether Subscription Insurance Markets Present US Antitrust Risks," Global Reinsurance (2008)
  • "Understanding the Antitrust Risks with Reverse Payment Settlements in Pharmaceutical Patent Infringement," Cases Pharmaceutical Commerce (2008)
  • "Coming to America: Enforcing Claims Under European Competition Laws in a US Court," Competition Law Insight (2008)