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Todd C. Kinney


Todd has a broad commercial litigation background with a focus on intellectual property litigation and data privacy challenges.

Todd’s practice focuses on data security and privacy issues for clients across a range of industries, including healthcare, financial services and technology. He heads up the firm’s data breach response team and regularly handles breach analysis and response matters for clients of all sizes involving state notification statutes and federal regulations. Todd advises clients on creating and implementing privacy and data security policies as well as steps they can take to best prepare themselves for when a data breach hits. Todd frequently speaks at CLE’s and other events on data breach response issues and data breach preparedness.

In addition, Todd has significant experience in the areas of general commercial and intellectual property litigation, including breach of contract, trade secrets, breach of fiduciary duty and defending companies in patent infringement suits. He also routinely advises clients on contractual matters involving intellectual property, including license agreements and indemnity matters. He has tried multiple jury and bench trials.

Speaking Engagements
  • "Breaches & Breach Recovery: Dos and Don’ts,"Association of Florida Community Developers Board Meeting; Tampa, FL Aug. 2022
  • "Data Security & Cybersecurity Overview and Best Practices," National Association of Accounts for Cooperatives Midwest Chapter Annual Meeting; Kearney, NE June 2022
  • "Planning for the Worst: Cybersecurity Breach Recovery," Panelist with industry CIO and forensic expert, National Council of State Housing Agencies Annual Meeting; Sept. 2021 (virtual)
  • "Cybersecurity Risks and Best Practices," CyberSecurityKC; Kansas City, MO June 2021  
  • "Cyber Risk Management: Tactical & Strategic Best Practices," Panelist with cyber experts from Lockton and Google; Virtual Town Hall presented by Lockton; May 2021
  • "Privacy and Data Security Risks and Best Practices," Arizona Charter Schools Association Annual Meeting; Phoenix, AZ May 2021 
  • "Privacy & Data Security Policies and Procedures," Diocese of San Diego Cyber Task Force Meeting; Nov. 2020 (virtual)
  • "Managing Cybersecurity Risks," Panelist with FBI agent and industry official, National Council of State Housing Agencies Annual Conference & Showcase; Oct. 2020 (virtual)
  • "Managing Cybersecurity Risks," Panelist with FBI agent and industry official, HFA Institute, National Council of State Housing Agencies; Washington D.C. Jan. 2020
  • “Special Briefing: Managing Your Program's Cybersecurity Risk,” NCSHA’s HFA Institute, Washington, D.C., January 2020 (panelist)
  • "An Overview of Data Breaches & How to Prepare for the Inevitable," Arizona Charter Schools Association Business & Technology Summit; Phoenix, AZ May 2019
  • "Damages Related to Cybersecurity Events," ACI Global Legal Conference; Omaha, NE May 2019
  • "Anatomy of a Data Breach," Kutak Rock Corporate Counsel CLE; Kansas City, MO June 2018
  • "Data Breaches: Legal and IT Responses," NebraskaCERT Conference; Omaha, NE July 2017

  • Martindale-Hubbell®, "AV Rating" in Litigation, Insurance and Intellectual Property