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Thomas Kidera

Partner

New York

Tom Kidera helps navigate companies through crisis. Whether handling sensitive investigations or litigating billion-dollar cases, Tom brings a creative approach and dogged dedication to his clients and their needs. As a partner in the firm's Complex Litigation and Dispute Resolution group, Tom represents auditing firms, financial institutions, and the Firm's infrastructure clients in complex commercial litigation and regulatory enforcement proceedings.

He is particularly knowledgeable about issues of 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 audit firms and accountants in regulatory proceedings commenced by the SEC and the PCAOB as well as 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 also has litigated structured finance issues for his entire career, representing securitization sponsors and mortgage 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 advises the Firm's energy and infrastructure clients on litigation matters, previously having served as a member of the Orrick team representing Hemlock Semiconductor (a leading producer of solar-grade polycrystalline silicon) in commercial proceedings throughout the U.S. and around the globe.

Tom maintains an active pro bono practice representing asylum seekers and U.S. veterans seeking discharge status upgrades. Tom is also active in firm recruiting and retention efforts, serving on the hiring and summer program committees in New York, as well as the Professional Development Committee. He was a summer associate in the firm’s New York office in 2009.

  • 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:

    • Triaxx Prime CDO 2006-1, Ltd. et al. v. Ocwen Loan Servicing, LLC, No. 17-80203 (S.D. Fla.) (Rosenberg, J.)
    • 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.) (Broderick, J.)
    • Nationstar Mortg., LLC v. Ocwen Loan Servicing, LLC, No. 651366-2018 (Sup. Ct. N.Y.) (Sherwood, J.)
    • Nationstar Mortg., LLC v. Ocwen Loan Servicing, LLC, et al., No. 655552-2019 (Sup. Ct. N.Y.) (Sherwood, J.)
    • Nationstar Mortg., LLC v. Ocwen Loan Servicing, LLC, No. 651366-2019 (1st Dep’t)
    • U.S. Bank Nat'l Assn. as Trustee for GSAMP Trust 2007-HE1 v. Goldman Sachs Mortg. Co., L.P., et al., No. 19-cv-02305 (Nathan, J.)
    • U.S. Bank Nat'l Assn. as Trustee for GSAMP Trust 2007-HE2 v. Goldman Sachs Mortg. Co., L.P., et al., No. 19-cv-02307 (Nathan, J.)
    • 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.)
    • Lehman Bros. Spec. Financing, Inc. v. Ballryock ABS CDO 2007-1 LTD., No. 09-01032 (S.D.N.Y. Bankr. Ct.)
    • Moelis & Co. LLC v. Ocwen Financial Corporation, No. 655946-18 (Sup. Ct. N.Y.) (Masley, J.)

    Representing energy and infrastructure companies:

    • 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.)

    Other Representations:

    • Electronic Payment Providers, Inc. v. Douglas E. Braun, C.A., No. 2019-0311-MTZ (Del. Chancery Ct.) (Zurn, V.C.)
    • Dai v. Alibaba Cloud US LLC, et al., No. 19-cv-6140 (E.D.N.Y.) (Seybert, J.)
    • Hunter v. The Nat'l Basketball Players Assn., No. LC100771 (Sup. Ct. California)
    • Protege Partners Fund, L.P., et al. v. Samir Shah, et al., No. 651044-19 (Sup. Ct. N.Y.)