Thomas F. Bush
About Tom
Tom Bush has extensive experience in litigation and arbitration involving antitrust, insurance and reinsurance matters, and, in particular, has been very actively involved in the representation of complex, high-stakes lawsuits and arbitrations for global reinsurers. He also represents and counsels insurance companies and investment firms on antitrust compliance and on competition issues arising in mergers and acquisitions.
Tom also serves as a commercial arbitrator and is listed on the American Arbitration Association’s National Roster of Arbitrators.
Prior to joining Freeborn (now Smith Gambrell & Russell), Tom was a Partner with Locke Lord, where he was Co-Chair of the firm’s Antitrust Litigation Practice Group. He also served as a law clerk to Chief Judge Collins J. Seitz, U.S. Court of Appeals for the Third Circuit.
Tom's Practice
Representative Matters
- Defending a group of Lloyd’s underwriting syndicate in an antitrust class action.
- In re Insurance Brokerage Antitrust Litigation, (District Court of New Jersey) Defending Alterra Capital against antitrust and RICO claims against major insurance companies and brokers, arising out of the investigations of the insurance industry by the attorney general of New York.
- Representing a large international insurance company in arbitration and litigation involving property damage and business loss claims at the World Trade Center.
- Representation of leading life reinsurers in multiple arbitrations and litigation.
- Represented an international insurance company in litigation and arbitration arising out of the collapse of the world’s largest aviation reinsurance pool.
- Represented several corporate executives in grand jury investigations involving possible antitrust law violations.
- In mergers and acquisitions subject to review by antitrust enforcement agencies, regular advice to parties on filing requirements and antitrust risk and representation before the agencies.
- Represented numerous global reinsurance companies in major arbitrations.
Recognitions
Chambers USA, Insurance: Dispute Resolution: Reinsurance, Illinois (2022-2026)
Leading Lawyers: Antitrust Law; ADR Law: Commercial Litigation; Insurance, Insurance Coverage and Reinsurance Law (2020, cited in multiple years)
Who's Who Legal: Insurance & Reinsurance (2019, cited in multiple years)
Credentials
Education
J.D., University of Chicago Law School, Editor of Law Review
A.B., Dartmouth College
Admissions
- Illinois
- United States Supreme Court
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, Northern District of Illinois (including Trial Bar)
Organizational Involvement
Professional
American Bar Association
Panel Member, American Arbitration Association
Thought Leadership
Author, “Arbitration in Antitrust Cases,” Lexis Practice Advisors, updated 2026
Author, “DOJ and FTC Antitrust Investigations,” Practical Law Antitrust, 2024
Author, “Enforcement of Arbitration Subpoenas in Federal Court in the United States,” Dispute Resolution Journal®, Vol. 78, 2024
Author, “Delegating Authority to Decide Arbitrability: The Problem with Carve-Outs,” Dispute Resolution Journal®, Vol. 77, 2023
Author, “Subpoenas to Third Parties in Arbitration,” Mealey’s International Arbitration Report, 2021
Presenter, London Market Forums’ Reinsurance Leaders Practice Group Seminar, “Reinsurance Impact – COVID-19 – Claims, Capacity, Claims, Client Retention,” March 4, 2021
Author, “Subpoenas to Third Parties in Arbitration,” Mealey’s International Arbitration Report, 2021
Author, “Client Alert – Class Actions Against Property Insurers in the Wake of COVID-19,” Freeborn & Peters LLP, 2020
Author, “Client Alert – Reinsurance Implications of Politically Expanded COVID-19 Coverage,” Freeborn & Peters LLP, 2020
Author, “Client Alert – Collaboration Among Insurers on Responses to COVID-19,” Freeborn & Peters LLP, 2020
“Antitrust Compliance Audits,” Antitrust Compliance Handbook, American Bar Association, 2018
“A Framework for Assessing Settlement Allocations Among Reinsurers,” ARIAS Quarterly, 2016
“A Response to the Arbitrators’ Panel on the Code of Conduct,” ARIAS U.S. Quarterly, 2016
Presenter, “The Art of Designing Reinsurance Contracts and Programs,” Re Contracts Seminar, Reinsurance Association of America, July 2016
Presenter, “The Current State of Antitrust Immunity for Insurance Companies,” 14th Annual Half-Day Insurance and Reinsurance Seminar, New York, June 2015
“The Handbook of Competition Enforcement Agencies – US DoJ Overview,” Global Competition Review, multiple years
“When Do U.S. Antitrust Laws Apply To Foreign Insurers?,” Mealey’s Emerging Insurance Disputes, Vol. 19, #17, 2014
Author, “The Problem of Consolidated Arbitrations,” Mealey’s Litigation Report, 2012
Author, “Dodging Antitrust Risk During Claims Collaboration,” Law 360, 2012
“Has A New York Court Exposed Reinsurers To Antitrust Liability For Collaborating On Claims?,” Mealey’s Emerging Insurance Disputes, 2011
Author, “Solvent Schemes Come to America,” Wildman Harrold, 2011
