Thomas D. Lupo
Thomas D. Lupo
Partner
He/Him
"No matter how complex the issue, I provide straightforward, practical advice to help clients make confident, informed decisions."
Thomas D. Lupo
Partner
He/Him
"No matter how complex the issue, I provide straightforward, practical advice to help clients make confident, informed decisions."
About Tom
Tom has devoted four decades to representing business entities in complex environmental and commercial litigation. He handles Superfund/CERCLA, RCRA, and other federal and state enforcement matters, advises on environmental regulatory compliance, leads large-scale toxic tort litigation, and resolves employment disputes across 27 states. He regularly represents clients before the US Department of Justice, state attorneys general, and various governmental agencies, as well as in civil and commercial litigation.
Tom's clients range from multinational corporations to small and mid-sized businesses operating in diverse industries. In addition to his environmental and litigation work, he advises clients on workplace safety and health issues.
Areas of Focus
Experience
- Defended two corporations in the US District Court trials and related US Court of Appeals for the Eighth Circuit proceedings against a Department of Justice (DOJ) led, multi-seven-figure civil penalty and cost recovery action from 2013 to 2020. The cases involved numerous experts, corporate and fact witnesses, and substantial motion practice.
- Successfully reduced a major paint manufacturer's initial CERCLA liability allocation, as calculated by the US EPA, from a significant share to zero. This outcome was achieved through strategic cross-examination of the Milwaukee-area drum reclaimer facility manager and multiple Chicago route truck drivers, effectively discrediting the evidence linking the client to the contamination site and demonstrating the absence of any direct contribution to the hazardous waste disposal.
- Successfully defended a paint manufacturer in a toxic tort suit at a CERCLA site, resulting in a nuisance-value settlement in the Milwaukee area.
- Represented a major automotive systems manufacturer in central New York State, reducing the client’s share of CERCLA costs from a high six-figure demand to an early de minimis cash-out by privately interviewing the owner of a 1970s waste oil reclaiming company.
- Led the defense of 18 mass toxic tort actions arising from PCB exposure at a transformer manufacturing facility in central Mississippi, reducing litigation risk for a manufacturer and its former corporate parent. The cases, filed in multiple state and federal jurisdictions, involved over 1,200 plaintiffs alleging personal injury, property damage, and diminished property value. Oversaw strategy and trial preparation, including removal practice, dispositive motions, Daubert challenges, and the presentation and cross-examination of more than 30 expert witnesses.
Recognition
- Leading Lawyers, Environmental Law; Toxic Torts Defense Law
- Martindale-Hubbell, AV® Peer Review Rating
- University of Notre Dame Law School, Thomas J. White Scholar; Journal of Law, Ethics, and Public Policy, Managing Editor
Credentials
Education
- University of Notre Dame Law School, JD, 1985
- University of Notre Dame, BA, 1982
Bar Admissions
- Illinois
Court Admissions
- US Court of Appeals for the Armed Forces
- US Court of Appeals for the Seventh Circuit
- US Court of Appeals for the Eighth Circuit
- US District Court for the Central District of Illinois
- US District Court for the Northern District of Illinois
- US District Court for the Eastern District of Wisconsin
Thought Leadership
Presentations
Tom frequently speaks on topics pertaining to his areas of practice to various professional groups.
Events
Hinshaw Alert
In The News
- Thomas Lupo Discusses Court Decision Addressing Reversal of Decision to Uphold Divisibility Defense, Dec 24, 2015
- Thomas Lupo Discuss Court Decision Addressing U.S. EPA's Ability to Seek Court Order for Access and Remediation, Dec 10, 2015
- Thomas Lupo and Dana Mehlman Discuss Court Decision Addressing Document Privilege Protections Involving Environmental Consultants, Dec 7, 2015
Press Release
Interests
Did you know...
Tom enjoys golf, watching sports, travel, reading, and history.
Community/Civic Activities
- Wake Forest University, Parents Council, Winston-Salem, North Carolina, Past Member
- University of Notre Dame National/International Alumni Board, Past Member
Thought Leadership
Presentations
Tom frequently speaks on topics pertaining to his areas of practice to various professional groups.
Events
Hinshaw Alert
In The News
- Thomas Lupo Discusses Court Decision Addressing Reversal of Decision to Uphold Divisibility Defense, Dec 24, 2015
- Thomas Lupo Discuss Court Decision Addressing U.S. EPA's Ability to Seek Court Order for Access and Remediation, Dec 10, 2015
- Thomas Lupo and Dana Mehlman Discuss Court Decision Addressing Document Privilege Protections Involving Environmental Consultants, Dec 7, 2015
Press Release
Tom's Insights
![Sea Level Rise & Climate Change Conference [Cancelled]](/a/web/r4K7rm5vJSgfUihNB5c8gP/a1f18y/whiteh.jpg)
Event
Mar 31, 2020
Press Release
Apr 9, 2019
Hinshaw Successfully Stages Third Annual Climate Change and Sea Level Rise Conference
Event
Mar 31, 2020
Press Release
Apr 9, 2019
Hinshaw Successfully Stages Third Annual Climate Change and Sea Level Rise Conference
