Theodore T. Eidukas is of counsel with Foley & Lardner LLP where his practice focuses on utility regulatory matters, complex commercial litigation, and employment litigation. In addition to representing gas, electric, telecommunications and water utilities before the Illinois Commerce Commission, Mr. Eidukas has extensive experience in a variety of complex litigation matters, including defense of employment discrimination claims; restrictive covenant issues; defense of class actions in the consumer and financial services areas; breach of contract disputes; insurance coverage; and intellectual property. Mr. Eidukas is a member of the firm’s Energy and Insurance & Reinsurance Industry Teams and the Insurance & Reinsurance Litigation, Appellate, and Labor & Employment Practices.
Prior to joining Foley, Mr. Eidukas was a partner at Ungaretti & Harris LLP and Chico & Nunes, P.C. His recent experiences have included the representation of several Illinois utilities in a wide variety of contested proceedings before the Illinois Commerce Commission and in the Illinois Circuit Court. He has represented clients in all aspects of litigation, including trials, appellate arguments, motion practice, depositions and other discovery.
Representative Transactions:
Utility Regulatory
- Obtained a first of its kind infrastructure cost recovery rider from the Illinois Commerce Commission for an Illinois gas utility to enable its implementation of a $2.4 billion accelerated main replacement and upgrade program
- Represented utilities on incentive compensation, rate of return and multivariate statistical analysis issues before the Illinois Commerce Commission
- Represented utility company in obtaining the Illinois Commerce Commission's approval of a universal settlement of five years of reconciliation proceedings and related claims in Chancery Court over the objection of the staff of the Illinois Commerce Commission
- Investigated, defended and advised clients on alleged violations of the Natural Gas Pipeline Safety Act, the Illinois Gas Pipeline Safety Act and regulations promulgated thereunder
- Represented telephone companies in proceedings for modification of universal service funding
- Succeeded in obtaining certificate from Illinois Commerce Commission for alternative gas supplier
- Worked on team that obtained state regulatory approval for the merger of two major telecommunications companies
- Conducted settlement negotiations for pipeline company with the Missouri Public Service Commission
Complex Commercial Litigation
- Successfully argued for the dismissal of multi-million dollar consumer fraud class action claims brought against utilities for their charging and deposit practices
- Obtained dismissal of Federal securities fraud class action claims seeking damages in excess of $100 million brought against individual officers and directors of a bank
- Filed amicus curiae brief for utilities with the Supreme Court of Illinois successfully arguing for the Illinois Commerce Commission’s exclusive jurisdiction over claims concerning a utility’s rates or services
- Won summary judgment for alternative gas supplier on damages claims against customer for failing to pay for natural gas provided to multiple facilities
- Led investigation of software piracy allegations and successfully defended client against related claims seeking over $200 million in liquidated damages
- Successfully argued for the dismissal of multi-million dollar UCC conversion claims
- Defeated attempts to enforce a covenant not to compete against group of eye surgeons by their former practice management company, obtained summary judgment in their favor and succeeded in getting the judgment affirmed on appeal
Liquor/Alcoholic Beverage Industry Regulation
- Represented clients before the federal Alcohol and Tobacco Tax and Trade Bureau ("TTB") on basic permit issues
- Experienced with licensing issues before the Illinois Liquor Control Commission
- Acted as General Counsel for liquor wholesaler/distributor
Employment Discrimination
- Obtained dismissal of race, age and ADA discrimination claims against national staffing company
- Defeated sexual harassment claim brought by former employee against owner at engineering firm
- Successfully defended company against claims brought under the Uniformed Services Employment and Reemployment Act and Illinois Military Leave of Absence Act
Mr. Eidukas received his law degree (J.D., cum laude, 1994) from Northwestern University School of Law, where he was elected to the Order of the Coif. He was a member of their National Moot Court Team and Trademark and Unfair Competition Moot Court Team. Mr. Eidukas was also an associate notes and comments editor for the Northwestern University Law Review. He earned his bachelor’s degree (B.A., summa cum laude, 1991) from Augustana College where he was a presidential scholar and a member of the Phi Beta Kappa. Mr. Eidukas received The Wall Street Journal Student Achievement Award (1991).
Mr. Eidukas is an adjunct faculty member at John Marshall Law. He was also a faculty member for the NITA Negotiation Program in 2006.
Mr. Eidukas is admitted to practice in Illinois.