Tushar P. Vaidya

Partner eDiscovery Strategy

Chicago +1 312 862 0454

Practices

Overview

Tushar P. Vaidya is a litigation partner in the Chicago office of Kirkland & Ellis LLP. He is an experienced attorney with nearly two decades of practice focused exclusively on eDiscovery and information governance. He advises corporate clients across a wide range of industries on the development and execution of defensible discovery strategies in complex litigation, internal investigations and governmental inquiries.

Tushar has deep experience in managing every phase of the eDiscovery lifecycle, from identification and preservation through production and post-production analysis. He routinely counsels clients on AI-driven review workflows, cross-border data transfers, privilege review and logging, ESI protocols, and the negotiation of protective and 502(d) orders. He is particularly adept at leveraging advanced technologies, including analytics and technology-assisted review, to accelerate review, reduce risk and drive strategic outcomes.

Throughout his career, Tushar has represented clients in high-profile matters, including multidistrict litigation, state attorneys general investigations, antitrust enforcement actions, civil investigative demands, trade secret misappropriation disputes and product liability litigation. He has led large-scale document reviews and designed defensible workflows for productions involving millions of documents, including the deployment of artificial intelligence tools for responsiveness and privilege screening.

In addition to his law firm experience, Tushar served as senior eDiscovery counsel at Juul Labs, where he helped manage the company’s extensive litigation discovery portfolio, implemented internal compliance workflows, and managed vendor and outside counsel relationships. His background also includes eDiscovery vendor-side experience in a leadership role in operational strategy, giving him a holistic understanding of the legal, technical and business issues that drive successful discovery outcomes.

Tushar regularly publishes and speaks on emerging eDiscovery topics. He is a contributing author to the Federal Judges’ Guide to Discovery (4th Ed., 2025) and serves as editor of Winston & Strawn’s eDiscovery Case Law Year in Review. He also maintains an active pro bono practice, representing clients in immigration matters, including asylum and DACA-related filings.

He holds a J.D. and an M.B.A. from Loyola University Chicago, with concentrations in management information systems and finance. Tushar is admitted to practice in Illinois.

Prior to joining Kirkland, Tushar was involved in the following matters:

  • Led eDiscovery counsel for an international automaker in all U.S. consumer class action litigation, including involving product design and defect allegations.
  • Managed eDiscovery strategy for an international pharmaceutical manufacturer in connection with opioid-related MDLs and investigations by state attorneys general.
  • Oversaw discovery efforts for several shareholder derivative actions involving global corporate clients.
  • Directed full-scale discovery audit and certification review in a high-profile defamation suit involving public figures and media organizations.
  • Investigated and provided strategic eDiscovery advice to multiple major telecommunication clients in conjunction with data loss investigations.
  • Served as in-house senior eDiscovery counsel for a vaping company overseeing federal MDLs and state attorneys general investigations and litigations regarding marketing and personal injury allegations.
  • Directed review, redaction and privilege workflows for over 4.7 million documents to be made publicly available under regulatory settlement terms in a state attorney general settlement.
  • Drafted and negotiated forensic inspection protocols and managed discovery in IP enforcement actions involving confidential trade secret material.
  • Acted as eDiscovery counsel for multiple FTC Second Requests and DOJ Civil Investigative Demands in the healthcare consulting, pharmaceutical and technology sectors.
  • Represented a U.S. municipality in a successful $300 million claim related to defective construction at a commercial port; defended a global general contractor in delay claims at a fertilizer plant.
  • Represented an international automotive franchisor in numerous disputes with franchisees across the United States.
  • Defended a national not-for-profit athletic organization in a high-profile employment discrimination investigation and litigation.
  • Advised clients in multiple industries in internal investigations and litigation and settlement negotiations involving trade secret misappropriation, non-compete violations and data disposition.

Senior Attorney, Winston & Strawn, 2022–2025

Senior Counsel, Juul Labs, 2021–2022

Senior Associate, Seyfarth Shaw, 2013–2021

Huron Legal (n/k/a Consilio), 2008–2013

Tushar has extensive pro bono experience in representing immigrants who seek to gain lawful status in the United States:

  • Successfully obtained asylum for a pro bono client fleeing gang violence in Honduras.
  • Successfully obtained a U-Visa for a petitioner fleeing domestic violence.
  • Successfully obtained or renewed DACA status for numerous petitioners.

More

Thought Leadership

Publications

Author, “The Struggle to Achieve Proportionality Under Rule 26(b)(1),” The Federal Judges’ Guide to Discovery (February 2025)

Editor, “Winston & Strawn’s 2024 eDiscovery Case Law Year in Review,” Winston & Strawn (February 2025)

Editor, “Winston & Strawn's eDiscovery Case Law Update – Fall 2024,” Winston & Strawn (November 2024)

Editor, “2023 Winston eDiscovery Year in Review,” Winston & Strawn (February 2024)

Contributing Editor, “2022 eDiscovery Case Law Year in Review,” Winston & Strawn (January 2023)

Co-Author, “COVID-19 Remote Workforce Risks – Preservation, Compliance, Privacy, and Data Security Risks,” Carpe Datum Law Blog, Seyfarth Shaw LL, (April 2020)

Co-Author, “Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate,” Carpe Datum Law Blog, Seyfarth Shaw LLP (November 2019)

Co-Author, “Authenticating Digital Signatures at Trial,” Carpe Datum Law Blog, Seyfarth Shaw LLP (March 2019)

Author, “Failure to Adequately Advise Clients on Their Preservation Obligations Can be Considered Malpractice,” Carpe Datum Law Blog, Seyfarth Shaw LLP (March 2018)

Co-Author, “Cybersecurity Threats May be Lurking in Your Next M&A Deal,” ACG Chicago Journal (December 2017)

Author, “Self-Identification of ESI May be Defensible if Proper Procedures are Followed,” Carpe Datum Law Blog, Seyfarth Shaw LLP (September 2017)

Co-Author, “Using Relativity as an Information Governance Application,” Law Journal Newsletter: Legal Tech (October 2015)

Speaking Engagements

Panelist, “Ethical Implications of eDiscovery and Privacy Practice,” The Master’s Conference, Chicago, IL (April 2023)

Panelist, “Setting Realistic Expectations for QA and Documentation for ESI Collections and Processing,” CLE Webinar, presented by the Association of Corporate Counsel (June 2022)

Co-Presenter, “Mitigating Discovery Costs and Scope: Controlling the Process to Your Advantage,” Webinar, presented by Strafford Publications (July 2019)

Panelist, “Vendor Management and the Alignment of Legal Service Delivery,” The Master’s Conference, Chicago, IL (May 2019)

Panelist, “Practical Technology Evaluations: A Framework for Considering Vendors and Technology,” The Master’s Conference, Chicago, IL (May 2017)

“Fulfilling the Duty to Preserve: What Every Lawyer Needs to Know,” Webinar, Clear Law Institute (May 2016)

“Paralegal’s Guide to Evidence: Gathering, Protecting and Spoliation,” Webinar, Lorman Education Services (December 2015)

“Real Word Story: Using Document Review as an Opportunity for Information Management,” Relativity Fest, Chicago, IL (October 2014)

Relativity Fest Corporate Counsel SuperSession on eDiscovery (October 2014)

Credentials

Admissions & Qualifications

  • 2007Illinois

Languages

  • English
  • Gujarati

Education

  • Loyola University Chicago School of LawJ.D.2007
  • Loyola University Chicago Quinlan School of BusinessM.B.A.2002
    Dean’s List
  • Loyola University ChicagoB.B.A., Management Information Systems2001