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Thomas Kidera

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:

    • WGL Midstream MP, LLC, et al. v. Meade Pipeline Investment, LLC, No. 656507-2022 (Sup. Ct. N.Y.)
    • WGL Midstream MP, LLC, et al. v. Meade Pipeline Investment, LLC, No. 06744-2023 (1st Dep't)
    • Currently representing major renewable energy Project Owner in confidential pre-arbitration dispute proceedings against its EPC Contractor.
    • Currently representing P3 Developer in confidential construction-related dispute proceedings between project owner and EPC Contractor.
    • Currently assisting renewable energy project affiliate in managing litigation exposure arising from highly-publicized component failure.
    • Represented leading renewable energy project sponsor in confidential arbitration proceedings adverse to BoP Contractor.
    • Represented P3 concessionaire in confidential arbitration with its Design-Build Contractor for large infrastructure project.
    • Advised public authority responsible for major New York infrastructure project in range of disputes with its Design-Build Contractor.
    • Hemlock Semiconductor Corp. v. Deutsche Solar GmbH, No. 13-cv-11037 (E.D. Mich.) (Ludington, J.)
    • Hemlock Semiconductor Corp. v. Deutsche Solar GmbH, No. 16-2181 (6th Circuit)
    • Hemlock Semiconductor Corp. V. Green Energy Tech., Inc., No. 13-020593-CK (Mich. Cir. Ct. Saginaw Cnty.) (Borchard, C.J.)
    • Kyocera Corp. v. Hemlock Semiconductor, LLC, No. 15-025786 (Mich. Cir. Ct. Saginaw Cnty.) (Jurrens. J.)
    • Kyocera Corp. v. Hemlock Semiconductor, LLC, No. 15-327974 (Mich. Ct. of Appeals)
    • Hemlock Semiconductor Corp. V. Kyocera Corp., No. 15-cv-11236 (E.D. Mich.) (Ludington, J.)
    • Hemlock Semiconductor Pte. Ltd. v. Jinglong Indus. and Commerce Grp., No. 650184/2015 (Sup. Ct. N.Y. Cnty.) (Oing, J.)
    • Elizabeth River Crossings OpCo, LLC v. Meeks, et al. No. 130954-13 (Va. Sup. Ct.)

    Representing Big Four member firms and individuals:

    • Counsel to PwC U.S. in Serino v. Kenneth Lipper, et al., No. 604396-02 (Sup. Ct. N.Y.) (Oing, J.)
    • Counsel to Deloitte Greece in In re Aegean Marine Petroleum Network, Inc. Secs. Litig., No. 18-cv-4993 (S.D.N.Y.) (Buchwald, J.)
    • Represented Deloitte Korea in connection with PCAOB investigation, resulting in favorable settlement (PCAOB press release highlighting role Orrick's internal investigation played in satisfying "extraordinary cooperation" policy)
    • Represented Huseyin Gurer, former CEO of Deloitte Turkey, in connection with enforcement proceedings brought by the PCAOB, resulting in favorable settlement
    • Represented Big Four member firm in connection with PCAOB investigation regarding allegations of SEC independence rule violation (concluded in decision by Staff not to pursue claims)
    • Represented Big Four member firm in connection with PCAOB and SEC investigations regarding sufficiency of audit work regarding foreign private issuer client
    • Represented Big Four member firm in connection with PCAOB investigation related to audit file integrity
    • Represented Big Four member firm in connection with PCAOB investigation regarding sufficiency of audit work regarding foreign subsidiary of US Issuer
    • Represented Big Four member firm in connection with OCA consultation regarding potential independence issues
    • Represented Big Four global firm in connection with SEC investigation into member firm violations of SEC independence rules

    Representing RMBS Sponsors, Servicers, and CDO Issuers:

    • Lynx Whole Loan Acquisition LLC v. Nationstar Mortgage, LLC, C.A. No. 2022-1203-LWW (Del. Chancery Ct.)
    • HSBC Bank USA, N.A. v. PHH Mortgage Corp., Index. No. 655868-2020 (Sup. Ct. N.Y.)
    • Triaxx Prime CDO 2006-1, Ltd. et al. v. Ocwen Loan Servicing, LLC, No. 17-80203 (S.D. Fla.)
    • Triaxx Prime CDO 2006-1, Ltd. et al. v. Ocwen Loan Servicing, LLC, No. 18-10687 (11th Circuit)
    • Powell, et al. v. Ocwen Financial Corporation, et al., No. 18-cv-01951 (S.D.N.Y.) 
    • Powell, et al. v. Ocwen Financial Corporation, et al., No. 23-999 (2d Circuit)
    • Nationstar Mortg., LLC v. Ocwen Loan Servicing, LLC, No. 651366-2018 (Sup. Ct. N.Y.) 
    • Nationstar Mortg., LLC v. Ocwen Loan Servicing, LLC, et al., No. 655552-2019 (Sup. Ct. N.Y.) 
    • Nationstar Mortg., LLC v. Ocwen Loan Servicing, LLC, No. 651366-2019 (1st Dep’t)
    • Fed. Home Loan Bank of Seattle v. Barclays Capital, Inc., et al., No. 09-2-46319-1 SEA (Sup. Ct. Wash. State for King Cnty.) (Inveen, J.)
    • Fed. Home Loan Bank of Boston v. Barclays Capital, Inc., et al., No. 1:11-cv-10952 (D. Mass) (O'Toole, J.)
    • Cambridge Place Invest. Mgmt. Inc. v. Barclays Capital, Inc. et al., No. 10-2741-BLS1 and 11-0555-BLS1 (Sup. Ct. Dept., Mass.)