A litigator with more than 25 years of experience, Tom Gricks is one of only a handful of attorneys across the country to successfully advocate and implement predictive coding at trial. A former chemical engineer with software development experience, he is an avid proponent of the use of technology throughout the litigation process.
As chair of the Firm’s e-Discovery Practice Group, Mr. Gricks regularly counsels clients across the entire electronic discovery spectrum, from preservation, to collection, processing, review and production. He consults on various issues specific to technology-assisted review and predictive coding, including the development of appropriate internal and negotiated workflows and protocols, meet and confer obligations, vendor and technology selection, process implementation, progress monitoring, and validation.
He is a member of the Sedona Conference Working Group 1 on Best Practices for Electronic Document Retention and Production, as well as Working Group 6 on International Electronic Information Management, Discovery and Disclosure. He has also been selected as an e-Discovery Special Master for the U.S. District Court for the Western District of Pennsylvania.
Throughout his legal career, Mr. Gricks has represented numerous corporate clients in complex commercial litigation matters, with a particular emphasis on technology, environmental and construction law. On the technology side, Mr. Gricks has successfully utilized cutting-edge litigation technology to advance his clients’ positions, and has effectively litigated on the merits of technology disputes as well. His environmental experience includes the defense of cost recovery and contribution actions, as well as counseling on the environmental aspects of acquisitions and divestitures. As a construction litigator, Mr. Gricks has extensive experience representing owners, contractors and subcontractors in negligence claims, delay claims, payment disputes, and performance and payment bond matters.
Mr. Gricks is a frequent speaker and an author. He has lectured on the subject of technology-assisted review at the Georgetown Advanced e-Discovery Institute and the Carmel Valley e-Discovery Retreat, as well as the University of Pittsburgh. In the environmental context, he has also lectured on the management of Natural Resource Damages under the Oil Pollution Act.
Prior to joining Schnader, he served as in-house environmental counsel with a Pittsburgh-based Fortune 100 corporation, where he was also intimately involved in the development of litigation-related technologies.
AREAS OF EXPERIENCE
- Lead e-Discovery counsel in the Global Aerospace litigation, which is the first case in the country expressly to authorize the use of predictive coding over the objection of opposing counsel. As such, Mr. Gricks effectively implemented predictive coding of more than 1.3 million documents, achieving 81 percent recall and 80 percent precision.
- Led the forensic analysis in support of a claim of copyright infringement against a defendant who created a competing computerized version of the client’s industrial directory. The claim alleged that the defendant misappropriated substantial supplier data in connection with more than 4,000 proprietary industrial classifications.
- Successfully utilized forensic images of personal computers to demonstrate that the defendant was misappropriating and improperly distributing the client’s controlled-circulation lists.
- Used sophisticated advanced clustering analytics to conduct an early case assessment, evaluating more than 300,000 documents concerning seven separate, complex antitrust issues in less than two weeks to establish the client’s defensive position throughout the litigation.
- Successfully argued that the underlying data structure, as a non-literal element of the client’s computer-based sports simulation program, sufficiently constituted an expression to be protected under U.S. copyright laws.
Represented 36 PRPs as common counsel in negotiating an administrative consent order for the performance of an RI/FS and the subsequent consent decree for the performance of an $8 million remedy and the payment of nearly $4 million in past costs to the United States and the Commonwealth of Pennsylvania.
Defended a $4 million private claim in a bench trial for CERCLA cost recovery and contribution associated with the investigation and remediation of a third party disposal site, resulting in a verdict of less than $100,000.
Defended a $5 million private claim, in a three week combined bench/jury trial, for CERCLA cost recovery, nuisance and negligence related to alleged PCB contamination of a previously-owned facility, and the associated property stigma.
Negotiated and drafted the environmental provisions of a 30-year lease of terminal space with the Port of New York and New Jersey.
Negotiated and drafted the environmental provisions for the sale of multiple integrated gasoline stations/convenience store/car wash facilities.
Represented the owner of a gasoline station in negotiations with the Pennsylvania DEP over a spill associated with tank filling operations that resulted in contamination of a nearby stream.
Presented $36 million demand to the United States for costs associated with environmental contamination related to the operation of three manufacturing facilities during World War II.
Presented $58 million demand to the United States for costs associated with radiological contamination related to the Manhattan Project.
Construction Industry Law:
Represented an asbestos abatement subcontractor in a bench trial asserting non-payment of nearly one hundred items of work, as well as delay, wrongful termination and Contractor and Subcontractor Payment Act claims on a Federal renovation project.
Successfully enjoined a contractor to reinstate a subcontractor terminated from a five year, multi-phase project.
Represented an excavation subcontractor in negotiating and drafting all provisions of subcontract agreements for individual projects.
Represented a general contractor in negotiating and drafting all provisions of construction contracts with owners for individual projects.
Represented a fencing subcontractor in a AAA arbitration asserting delay and inefficiency claims, resulting in full recovery for the client.
Represented the general prime contractor on a Pennsylvania high school renovation project in a jury trial asserting non-payment and Contractor and Subcontractor Payment Act claims, and defending against a liquidated damages claim, resulting in a settlement including compensation for attorneys’ fees.
ATTORNEY SPEAKING ENGAGEMENTS