Smedinghoff, Thomas J.

Thomas J. Smedinghoff

Of Counsel
RELATED SERVICES

Tom Smedinghoff is internationally recognized for his leadership in addressing legal issues regarding electronic transactions, identity management, privacy, information security and online authentication issues from both a transactional and public policy perspective. He structures first-of-their-kind e-commerce initiatives, electronic transactions, and identity management and information security legal infrastructures. He has been involved in developing legislation and public policy in the area of electronic business at the state, national and international levels.

Tom Smedinghoff is internationally recognized for his leadership in addressing legal issues regarding electronic transactions, identity management, privacy, information security and online authentication issues from both a transactional and public policy perspective. He structures first-of-their-kind e-commerce initiatives, electronic transactions, and identity management and information security legal infrastructures. He has been involved in developing legislation and public policy in the area of electronic business at the state, national and international levels.

Tom’s experience and leadership in Identity Management and Privacy & Cybersecurity includes:

  • Chair of the American Bar Association Identity Management Legal Task Force, working with private sector, federal government and international organizations to address the challenges of developing an identity management legal framework
  • 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, identity management, information security and data privacy
  • Works with clients in developing legal areas such as identity management and online authentication, electronic negotiable instruments, electronic and digital signatures, PKI, e-notarization, and other unique forms of electronic transactions and e-business activities
  • 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 significant influence on national and global e-commerce legislation, including the Uniform Electronic Transactions Act in the United States, European Union Electronic Signature Directive, United Nations UNCITRAL Model Law on Electronic Signatures, Canadian Personal Information Protection and Electronic Transactions Act and Singapore Electronic Transactions Act
  • Helped 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
  • Assisted in development of a new identity management legal structure for browser-based online authentication. 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 to promote secure commerce
RELATED EXPERIENCE
RELATED EXPERIENCE
RELATED NEWS & EVENTS
CREDENTIALS
Education
  • J.D., University of Michigan
  • B.A., Math, Knox College
Bar Admissions
  • Illinois
Professional Affiliations
  • 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
    • Uniform Law Commission (National Conference of Commissioners on Uniform State Laws)
      • ABA Advisor to Study Committee on Identity Management in Electronic Commerce, 2016-Present
      • ABA Advisor to Committee to Implement the UN E-Commerce Convention, 2008-2010‎
      • ABA Advisor to Drafting Committee on Uniform Electronic Transactions Act (now adopted in 47 states), 1997-1999‎
    • American Bar Foundation
      • Fellow, American Bar Foundation, 2004-Present
    • American Bar Association
      • Member, Cybersecurity Legal Task Force (Co-Chair, 2019-2020)
      • Business Law Section
        • Chair, Identity Management Legal Task Force, 2009-Present
        • Member, Cybersecurity Subcommittee (Co-Chair, 2011-2019)
      • Science & Technology Law Section
        • Co-Chair, International Policy Committee, 2003-2011 and 2016-Present
      • International Association of Privacy Professionals
        • Member, 2006-Present
Awards & Recognitions
    • Named, Chicago Information Technology Law “Lawyer of the Year”, The Best Lawyers in America® (2020)
    • Named, The Best Lawyers in America®, Information Technology Law (2003-2021)
    • Named, Chambers USA, Privacy & Data Security Law; Technology Law (2003-2020)
    • Named, Chambers Global, Privacy & Data Security Law (2007-2017)
    • Named, International Who's Who Legal (2001-2021)
    • Named, Legal Media Group: Guide to the World’s Leading Technology, Media and Telecommunications Lawyers, Information Technology Law
    • Named, Leading Lawyers℠, Computer & Technology Law; International & Business Trade Law
    • Named, The National Law Journal, “Top 50 Intellectual Property Trailblazers & Pioneers” (2014)
    • Named, Illinois Super Lawyers®, Information Technology/Outsourcing, International, Intellectual Property (‎2006-2021)
Community Leadership
    • Trustee, River Forest Public Library Board (2011-Present; Board President, 2016-2020)