About

Thomas J. Smedinghoff

Thomas Smedinghoff focuses his practice on the new legal issues relating to the developing field of information law and electronic business activities. Named as one of the National Law Journal’s “Top 50 Intellectual Property Trailblazers & Pioneers” in 2014, Tom is internationally recognized for his leadership in addressing emerging legal issues regarding electronic transactions, identity management, privacy, information security, PKI, and online authentication issues from both a transactional and public policy perspective. He has been retained to structure and implement first-of-their-kind e-commerce initiatives, electronic transactions, and identity management and information security legal infrastructures for the federal government and national and international businesses including banks, insurance companies, investment companies, and certification authorities. He has also been actively involved in developing legislation and public policy in the area of electronic business at the state, national, and international levels.

Key experiences include

  • Chair of the American Bar Association Identity Management Legal Task Force, and working with private sector, federal government, and international organizations to develop identity management legal frameworks
  • Worked extensively with clients in newly developing legal areas such as identity management and online authentication, electronic negotiable instruments, digital signatures, PKI, e-notarization, and other unique forms of electronic transactions and e-business activities;
  • Assisted in development of a new identity management legal structure for PKI browser-based online entity identity (EV SSL). Resolved rights, responsibilities, and liabilities of participants in system to allow website users to verify the identity of the company they are dealing with in order to address the problem of phishing and promoting secure commerce.
  • 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 addresses general cross-border e-commerce, and is expected to have a major impact on international business
  • Chair of 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 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
Headshot of Thomas Smedinghoff

Practical areas

  • Cybersecurity
  • Electronic transactions
  • Data security
  • Identity management
  • Information law
  • PKI
  • Privacy
  • Technology

Education

  • University of Michigan, J.D.
  • Knox College, B.A. Mathematics

Prior law firms

  • McBride Baker & Coles, 1978-1999
  • Baker & McKenzie, 1999- 2006
  • Locke Lord (and predecessor firms), 2006-2021

Professional associations

  • American Bar Association (ABA)
  • American Bar Foundation
  • International Association of Privacy Professionals (IAPP)

Other experience

Adjunct professor

  • Brennan School of Business,
    Dominican University, 2003-
    2013
  • The John Marshall Law
    School, 1985-1999

Editorial advisor

  • BNA Electronic Commerce &
    Law Report
  • BNA Privacy & Security Law
    Report