Thomas Bush is Of Counsel, previously a Partner, in the Litigation and Insurance Practices of Smith, Gambrell & Russell, LLP. Mr. Bush was a Partner with Freeborn & Peters, which combined with SGR in 2023.
Mr. Bush has extensive experience in complex litigation involving antitrust, insurance and reinsurance matters, and, in particular, has been very actively involved in the representation of significant lawsuits and arbitrations for global reinsurers in disputes arising from large scale losses. He also represents and counsels insurance companies and investment firms on antitrust compliance and on competition issues arising in mergers and acquisitions.
Mr. Bush also serves as a commercial arbitrator and is listed on the American Arbitration Association’s National Roster of Arbitrators.
Prior to joining Freeborn (now SGR), Mr. Bush 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.
Mr. Bush received his A.B. from Dartmouth College and his J.D. from University of Chicago Law School, where he was an editor of Law Review.
American Bar Association
American Arbitration Association, Panel Member
Author, “Enforcement of Arbitration Subpoenas in Federal Court in the United States,” Dispute Resolution Journal®, Vol. 78 (2024).
Author, “Arbitration in Antitrust Cases,” Lexis Practice Advisors (2024).
Author, “DOJ and FTC Antitrust Investigations,” Practical Law Antitrust (2024).
Author, “Delegating Authority to Decide Arbitrability: The Problem with Carve-Outs,” Dispute Resolution Journal®, Vol. 77 (2023).
Presenter, London Market Forums’ Reinsurance Leaders Practice Group Seminar, “Reinsurance Impact – COVID-19 – Claims, Capacity, Claims, Client Retention,” (March 4, 2021).
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.
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 Broader View: An ITC Case Could Give US Domestic Firms a Powerful New Weapon,” Competition Law Insight (2016).
“A Response to the Arbitrators’ Panel on the Code of Conduct,” ARIAS U.S. Quarterly (2016).
“The Handbook of Competition Enforcement Agencies – US DoJ Overview,” Global Competition Review (2015).
“When Do U.S. Antitrust Laws Apply To Foreign Insurers?,” Mealey’s Emerging Insurance Disputes, Vol. 19, #17 (2014).
“The Handbook of Competition Enforcement Agencies” (2013).
“The Handbook of Competition Enforcement Agencies” (2012).
“Has A New York Court Exposed Reinsurers To Antitrust Liability For Collaborating On Claims?,” Mealey’s Emerging Insurance Disputes (2011).
“The US Federal Trade Commission Attempts to Expand a Monopolist’s Duty to Deal with Rivals,” Competition Law Insight (2010).
“Back to the Future in US Antitrust Enforcement: Refusals to Cooperate with Competitors,” Competition Law Insight (2009).
