Partner
New York
Tom Kidera guides clients through crisis. A Chambers-ranked litigator (General Commercial Litigation, New York (Band 6)), Tom brings a dogged dedication and creative energy to his clients and their needs. His clients attest that he applies "a real cerebral approach to whatever it is we're trying to accomplish," and that "you can tell he has gone down all the potential paths and thought through them."
A partner in the firm's Complex Litigation and Dispute Resolution group, and the Head of Orrick's New York Office, Tom represents the Firm's energy and infrastructure, financial services, and professional services clients in complex commercial litigations, arbitrations, and regulatory proceedings.
He is particularly sought-after on issues regarding force majeure and catastrophic market disruption, having served on a team of Orrick lawyers whose force majeure-related victory on behalf of long-time client, Hemlock Semiconductor LLC, was declared a Top 10 Business Case of 2010-2019 by the Michigan Bar Journal.
Tom represents Orrick's renewable energy and infrastructure clients in a vast array of commercial, warranty, and construction litigation matters throughout the U.S. and around the globe, previously having served as a member of the Orrick team that represented Hemlock Semiconductor (a leading producer of solar-grade polycrystalline silicon) in a host of litigations and proceedings arising from the breach of its long-term supply agreements by counterparties. His practice touches all types of renewable energy disputes from PPA litigation, to development and construction claims, to component supply and performance disputes, and everything in between.
In addition to representing his clients in courts and confidential arbitrations, Tom regularly provides pre-litigation counseling to Orrick's renewable energy and infrastructure clients, helping them manage their enterprise liability and pursue and defend claims through mediation and pre-dispute procedures, often resolving matters amicably before they devolve into full litigation or arbitration.
Tom also has litigated structured finance issues for his entire career, representing securitization sponsors and loan servicers in an array of litigations from securities fraud and loan repurchase disputes to ERISA and consumer class actions, also consulting and advising on the interpretation of securitization documents and events of default.
In addition, Tom represents audit firms and accountants in regulatory proceedings commenced by the SEC and the PCAOB along with related civil litigations. He has experience managing and conducting large scale internal investigations, liaising with regulators, remediating problems, and managing risk and liability in delicate circumstances.
Tom maintains an active pro bono practice representing asylum seekers and U.S. veterans seeking discharge status upgrades.
Representing energy and infrastructure companies:
Representing Big Four member firms and individuals:
Representing RMBS Sponsors, Servicers, and CDO Issuers: