Thomas J. Smedinghoff

Thomas J. Smedinghoff

Partner

T: (312) 201-2021
F: (312) 416-4773
smedinghoff@wildman.com

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Practice Areas:

Data Security
Electronic Transactions
Intellectual Property
Privacy
Technology

Education:

University of Michigan, J.D., 1978

Knox College, B.A. Math, 1973




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Thomas J. Smedinghoff

Thomas Smedinghoff is a partner at Wildman Harrold, where his practice focuses on the new legal issues relating to the developing field of information law and electronic business activities. Tom is internationally recognized for his leadership in addressing emerging legal issues regarding electronic transactions, information security, and digital signature authentication issues from both a transactional and public policy perspective. He has been retained to structure and implement e-commerce and information security legal infrastructures for the federal government, numerous state governments, and national and international businesses including banks, insurance companies, investment companies, and certification authorities. He also frequently counsels clients on the law relating to first-of-their-kind electronic transactions, information security legal matters, and e-commerce initiatives. At the same time, he has been actively involved in developing legislation and public policy in the area of electronic business at the state, national, and international levels.

Representative Experience:

  • Serves as counsel for companies, government agencies, and trade associations throughout the world in addressing new and developing legal issues relating to electronic business activities, online electronic transactions, information security, and data privacy
  • Has worked extensively with clients in newly developing legal areas such as online authentication, information security, unique forms of electronic transactions, PKI, phishing, and other electronic business issues; regularly deals in all aspects of information law, including electronic commerce and e-business, electronic transactions, information security, digital signatures, privacy, information technology, and intellectual property
  • Was a pioneer in the subject of PKI and digital signature law, representing the federal government, national banks, and certification authorities in developing first-of-their-kind public key legal infrastructures
  • Chaired the Illinois Commission on Electronic Commerce & Crime, and in that capacity wrote the Illinois Electronic Commerce Security Act (enacted in 1998). This Act had a significant influence on national and global e-commerce legislation, including the Uniform Electronic Transactions Act in the U.S., the European Union Electronic Signature Directive, the United Nations UNCITRAL Model Law on Electronic Signatures, the Canadian Personal Information Protection and Electronic Transactions Act, and the Singapore Electronic Transactions Act
  • Helped to negotiate the 2005 United Nations Convention on the Use of Electronic Communications in International Contracts as part of the U.S. Delegation to the United Nations Commission on International Trade Law. This is the first international treaty that focuses on general cross-border e-commerce and electronic transactions, and is expected to have a major impact on international business
  • Assisted in development of a new standard for online authentication designed to address the problem of phishing. This will allow users of websites to verify the identity of the company they are dealing with, thereby promoting secure commerce and defending against identity theft.

Reported Decisions:

  • Central Point Software, Inc. v. Nugent, 903 F. Supp. 1057; 37 U.S.P.Q.2D (BNA) 1051; Copy. L. Rep. (CCH) P27,478, E.D. Tex. 1995

Publications And Presentations:

Books:
  • Editor and principal author, Online Law: The Legal Guide to Doing Business on the Internet, Addison-Wesley, 1996). 560 pages, 6th printing 2000, Japanese translation published by Shichiken Publishing Co., 1998.

  • Co-author, Internet in the Workplace: Managing Organizational Access, Software Publishers Association, 1997.

  • Author, Guide to Contracts and the Legal Protection of Software, Software Publishers Association, 1996.

  • Contributing Author, Digital Signature Guidelines, American Bar Association, Section of Science & Technology Law, Electronic Commerce Division, Information Security Committee, 1996.

  • Author, Model PC Software License Agreement (with commentary), 1996.

  • Author, Multimedia Law Handbook, Wiley Law Publications, 1995.

  • Author, The Software Publishers Association Legal Guide to Multimedia, Software Publishers Association, 1994

  • Co-author, Model Electronic Payments Agreement and Commentary, American Bar Association Section of Science & Technology Law, 1992

  • Author, The Legal Guide to Developing, Protecting, and Marketing Software, John Wiley & Sons, 1986.
Articles:
  • “Addressing The Legal Challenges of Federated Identity Management,” BNA Privacy & Security Law Report, March 3, 2008.
  • “The State of Information Security Law:  A Focus on the Key Legal Trends,” EDPACS, The EDP Audit, Control, and Security Newsletter, January-February 2008.
  • “It's All About Trust:  The Expanding Scope of Security Obligations in Global Privacy and E-Transactions Law,” Michigan State Journal of International Law, December 2007.
  • “Structuring International E-Transactions,” International Trade Legal Strategies, Aspatore Books, November 2007.
  • “Director Responsibilities For Data Security: Questions the Board Should Ask,” Director’s Monthly, April 2007.

  • “Where We’re Headed – New Developments and Trends in the Law of Information Security,” Privacy & Data Security Law Journal, January 2007.

  • “Security Breach Notification Law—Defining a New Corporate Obligation,” World Data Protection Report, September 2006.

  • “E-Transactions: The Key Rules for Ensuring Enforceability,” Electronic Banking Law & Commerce Report, June 2006.

  • “Online Access to Corporate Information: New Legal Rules for Authentication,” Privacy & Data Protection Legal Reporter, May 2006.

  • “Online Transactions: The Rules for Ensuring Enforceability in a Global Environment,” The Computer & Internet Lawyer, April 2006.

  • “The Challenge of Electronic Data: Corporate Legal Obligations to Provide Information Security,” The Wall Street Lawyer, March 2006.

  • “The Expanding Scope of Corporate Information Security Obligations,” Privacy & Data Protection Legal Reporter, December 2005.

  • “Security Breach Notification: Adapting to the Regulatory Framework,” The Review of Banking & Financial Services, December 2005.

  • “The New Law of Information Security: What Companies Need to Do Now,” The Computer & Internet Lawyer, November 2005.

  • “The Coming Expansion of Corporate Information Security Obligations,” BNA World Data Protection Report, April 2005.

  • “The Legal Requirements for Creating Secure and Enforceable Electronic Transactions,” published by International Monetary Fund in Current Developments in Monetary and Financial Law 3, April 2005.

  • “Phishing: The Legal Challenges for Business,” BNA World Internet Law Report (December 2004); republished in Banking & Financial Services Policy Report, April 2005 and Cyberspace Lawyer, March 2005.

  • “Electronic Document Delivery and the Problem of Spam Filters,” BNA World Internet Law Report (January 2005); republished in BNA, Privacy & Security Law Report, March 7, 2005.

  • “Trends in the Law of Information Security,” BNA World Internet Law Report, August 2004 and BNA World Data Protection Report, August 2004; republished in SIIA Upgrade, January 2005, Intellectual Property & Technology Law Journal, January 2005; and ABA CIPerati, March 2005.

  • “Cybersecurity Disclosure Requirements: A New Trend?” BNA World Internet Law Report, October 2003.

  • “The Developing U.S. Legal Standard for Cybersecurity,” The Sedona Conference Journal, June 2003.

  • “Defining Corporate Cybersecurity Obligations,” World Internet Law Report, April 2003.
  • “Creating Enforceable Electronic Transactions,” Internet Law for the Business Lawyer, American Bar Association, 2001.

  • Co-author, “E-Commerce Law,” chapter published in four-volume treatise United States Law of Trade and Investment, Wm. S. Hein & Co, 2001.

  • Co-author, “Moving With Change: Electronic Signature Legislation as a Vehicle for Advancing E-Commerce,” The John Marshall Journal of Computer & Information Law XVII , 1999: 723.
Presentations:
  • “Solving the Legal Problems Raised by Using Identity Management in E-Commerce,” RSA Conference, San Francisco, April 8-11, 2008.
  • “The Legal Challenges and Opportunities of Technological Change:  The Impact of Globalisation, Interconnectivity and Harmonisation,” Centre for Commercial Law Studies, Queen Mary University of London, February 7-8, 2008.
  • “Information Compliance:  A Growing Challenge for Business Leaders,” CERT Podcast Series:  Security for Business Leaders, January 2008. (www.cert.org/podcast/show/20080108smedinghoff.html)
  • “Board Oversight of IT Governance,” 2007 NACD Corporate Governance Conference, Washington D.C., October 15-16, 2007.
  • “Information Compliance Overload: Making Sense of Privacy and Security laws and Regulations,” PLI 8th Annual Institute on Privacy & Security Law, Chicago, July 16-17, 2007.
  • "Digitial Evidence: Signer Authentication Requirements and Strategy," Third International Forum on e-Apostilles and e-Notarization, Los Angeles, May 31 - June 2, 2007.
  • “Creating Online Enforceable E-Transactions,” 40th Annual Uniform Commercial Code Institute, Chicago, April 27, 2007.

  • “It’s All About Trust: Global Trends in the Law of Privacy, Security, and E-Transactions,” Michigan Symposium: “E-Commerce: Challenges to Privacy, Integrity, and Security in a Borderless World,” Michigan, February 23, 2007.

  • “Can Identity Management Enable Spontaneous Contracting?” RSA Conference, San Francisco, February 5-9, 2007.

  • “Where We’re Headed: New Developments and Trends in the Law of Information Security,” Georgetown Conference on Emerging Trends in Information Security & the Law, Washington, D.C.; November 9–10, 2006.

  • “What Is Electronic Commerce? Methods of Contracting and Transactions Online, and E-Authentication: Risk and Fraud,” Conference on E-Commerce, sponsored by the U.S. Department of Commerce Commercial Law Development Program and The Arab Council for Judicial and Legal Studies, Manama, Bahrain; September 11–12, 2006.

  • “New Domestic Information Privacy and Security Legislation and Policy,” PLI 7th Annual Institute on Privacy Law, Chicago; July 17–18, 2006. Served as Conference Co-Chair.

  • “Electronic Signatures and the New UN Convention,” Second International Forum on eNotarization and eApostilles, Washington, D.C.; May 27–29, 2006.

  • “Contentious Issues in World Regulation of the Internet,” World Computer & Internet Law Congress, San Francisco; May 4–5, 2006.
  • "Electronic Transactions: Ensuring Enforceability in a Global Environment," Conference on Judicial Strategies for the Application of the Egyptian E-Signature Law, sponsored by the United States Department of Commerce Commercial Law Development Program, The Egyptian Ministry for Judicial Studies; Cairo, Egypt, March 8-9, 2006.

  • “Information Security and Regulatory Compliance: What Every Lawyer Needs to Know,” PLI 6th Annual Privacy and Security Conference, San Francisco; June 7, 2005.

  • “Corporate Liability for Security Breaches by Employees,” Association of General Counsel, Pebble Beach, CA; April 28, 2005.
  • “International Legal Developments Affecting U.S. E-Business,” ABA Annual Meeting, Atlanta, GA; August 7, 2004.

  • “International e-Commerce Issues,” PLI Internet Law Institute, New York; July 12, 2004.

  • “Online Security—The Precondition for Consumer Trust,” Stanford E-Commerce Best Practices Conference, The Stanford Program in Law, Science & Technology; The Stanford Center for E-Commerce; and The Association for Corporate Counsel; June 25, 2004.
  • "Using E-Signature as a Vehicle for Advancing E-Commerce in Egypt," and "Privacy and Fraud: Making Electronic Transactions Trustworthy," Conference on Advancing E-Commerce and E-Business in Egypt, sponsored by United States Department of Commerce Commercial Law Development Program, The Egyptian Ministry of Communications and Information Technology, and the Egyptian Ministry of Justice; Cairo, Egypt, March 27-28, 2004.

  • “Defining the Legal Standard for Information Security,” Stanford Center for Internet & Society Symposium: Securing Privacy in the Internet Age, Stanford, CA; March 13–14, 2004.

  • “Information Security Liability,” RSA Security Conference 2004, San Francisco; February 24, 2004.

  • “The Internet: Digital Privacy and Security,” Sedona Conference on Digital Privacy & Security, Sedona, Arizona; May 8–9, 2003.

  • “E-Contracts: Creating Secure and Enforceable Electronic Transactions,” International Monetary Fund Conference on Current Developments in Monetary and Financial Law, Washington, D.C.; May 15, 2002.

  • “Defending the Fortress Against CyberCrime and CyberFraud,” Sixth Annual Conference on The Emerging Law of Cyberbanking & Electronic Commerce, Washington, D.C.; February 7, 2002.

  • “Electronic Commerce, Privacy, and Intellectual Property,” Shanghai Government Conference, Shanghai, China; December 3–7, 2001.

  • “Moving Your Business Online—Creating Secure and Enforceable Electronic Transactions,” American Counsel of Life Insurers, Annual Meeting, Boston; November 13, 2001.
  • “Managing the Risks Associated with E-Commerce,” The Conference Board, Council of Senior International Attorneys, Chicago; May 10, 2001.

  • “Moving Your Business Transactions Online,” Fifth Annual Online & Internet Commerce Law Institute, San Francisco, October 26–27, 2000 and Chicago, November 16–17, 2000. Served as Conference Co-Chair.

  • “Is International E-Commerce Legislation Needed?” Commercial Law Association, UNCITRAL and the Developing International Law of E-Commerce Conference, New York; February 24, 2000.

  • “Digital Signature Legislative Update,” Securities Industries Association, Fifth Annual Internet Update Conference, New York; February 14, 2000.

  • “International E-Commerce Law—Past, Present, and Future,” Global e-Security Conference, Dublin, Ireland; November 1–3, 1999.
  • “Electronic Commerce,” Southern Growth Policies Board Conference, Charleston, West Virginia; June 28, 1999.

  • “What Every General Counsel Needs to Know about Electronic Commerce,” American Corporate Counsel Annual Meeting, Washington D.C.; November 12, 1998.

  • “Electronic Commerce: Going For The Gold In The Global Marketplace,” Progress & Freedom Foundation, Aspen Summit, Aspen, Colorado; August 24, 1998.

  • “Electronic Commerce and Digital Signature Legislation,” National Conference of State Legislatures Annual Meeting, Las Vegas; July 20, 1998.

  • “Digital and Electronic Signature Legislation,” Tenth Annual Canadian Information Technology Security Symposium, Ottawa, Canada; June 3, 1998.

  • “Legislation Regarding Digital Signatures, Authentication, and Electronic Contracting,” U.S. Commerce Department Conference on International Trade and Investment, Washington, D.C.; May 15, 1998.

  • “Digital Signatures,” Third Annual Financial Services and Technology Conference, organized by Senator Robert F. Bennett, Salt Lake City, Utah; March 6, 1998.


Professional Associations:

United Nations

Member, U.S. Delegation to the United Nations Commission on

    International Trade Law (UNCITRAL), participating in the

    Working Group on Electronic Commerce, 1997–present

Member, Legal Working Group of the United Nations Center for

    Trade Facilitation and Electronic Business (UN/CEFACT),

    2004–present

National Conference of Commissioners on Uniform State Laws

ABA Advisor to Drafting Committee on Uniform Electronic

    Transactions Act, now adopted in 46 states, 1997–1999

State of Illinois  

Chair, Illinois Commission on Electronic Commerce and Crime,

    1996–1998

American Bar Foundation

 Fellow, American Bar Foundation, 2004–present

Academic Appointments

 Adjunct Assistant Professor of Business Law, Brennan School of

    Business, Dominican University, 2004–present

Adjunct Professor, The John Marshall Law School, Chicago,

    1985–2002

Editorial Boards  

Member, Board of Editors, Privacy & Data Security Law

    Journal, 2005–present

Member, Board of Editors, BNA Electronic Commerce & Law

    Report, 2000–present

Member, Advisory Board, Managing Intellectual

    Property Assets Worldwide, 2000–present

Member, Editorial Board, Internet Law & Business, 1999–present

Profiled In  

Best Lawyers in America 2007, Information Technology Law 

Chambers USA 2007: America’s Leading Business Lawyers,

    Technology Law

Chambers Global: The World’s Leading Lawyers 2007, Technology

    Law

Legal Media Group: Guide to the World’s Leading Technology, Media and

    Telecommunications Lawyers, Information Technology Law

Leading Lawyers, Computer & Technology Law;

    International & Business Trade Law

Who’s Who in American Law 2007–2008, Marquis Who’s Who

American Bar Association

Chair, International Policy Coordinating Committee, Section of

    Science & Technology Law, 2003–present

Chair, Section of Science & Technology Law, 1999–2000

Chair, Electronic Commerce Division, Section of Science &

    Technology Law, 1995–2003

Member, Electronic Filing Committee, 1995–present

Member, E-Trust Committee, 2003–present

Member, E-Notarization Workgroup, 2005–present

Member, Information Security Committee, 1992–present

Member, E-Privacy Law Committee, 2000–present

International Technology Law Association

International Association of Privacy Professionals

Chicago Bar Association  

Chair, Computer Law Committee, 1984–1985

Co-chair, Subcommittee on Electronic Commerce, Computer Law

    Committee, Chicago Bar Association, 1993–1999


Bar Admissions:

Illinois, 1978


Personal Information:

Tom is married and has four children, and lives in the Western suburbs of Chicago. He likes to camp and to hike in the mountains. He continues to hope that someday the Cubs will win the World Series.


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