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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.

Various clients have described Todd’s experience and abilities as follows:

  • “We utilized the services of Todd Kinney and Kutak Rock a few years ago. Todd was amazing. He made an incredibly stressful and scary situation very manageable. He made sense of the situation and made us realize the sky was not falling and we’d be okay on the other side. He has a calm, knowledgeable demeanor that was exactly what we needed. I, without hesitation, would recommend Todd for a cyber security incident.” 
  • “I’ve had the opportunity to work with Todd Kinney on multiple projects related to data breach response and preparation, including conference panels with CIOs, FBI agents, and world-class cybersecurity experts. When working with Todd, I, like his fellow panelists, was deeply impressed by his grasp of trends, changing policy requirements, and real-world experience with state agencies. Todd’s pragmatic and grounded approach makes risks that can feel overwhelming manageable. Todd is always willing to help, have meaningful conversations, and set up organizations to protect themselves against cyber risk and to recover quickly from breaches.”
  • “Todd Kinney is professional par excellence and a pleasure to work with during a crisis. Todd understood what needed to be done and steered us through our cyber incident. He triaged and guided us with our interactions, especially with the insurance provider, IT experts, and regulatory agencies. I am glad that Todd was part of our team, and I would recommend him in a heartbeat to anyone needing professional assistance with a cyber incident.”
  • “Over the last several years, Todd and his team at Kutak have calmly and adeptly advised and shepherded our organization through multiple third-party data security incidents that impacted our employees. Todd’s thoughtful and easily-understood guidance through, what can be, highly stressful situations was a steadying force as we navigated application of relevant laws in more than a dozen states, developing a communications strategy, drafting those communications and then, when applicable communicating on our behalf. Todd has been (and will continue to be) a trusted advisor to me, my team and our organization as a whole.”
  • “In the Beginning of 2019 we had a ransomware attack on our EMR system. Todd Kinney and his team from Kutak Rock guided us on submitting required notification to the FBI and various other agencies. They guided us on formulating various policies and procedures and putting them in it to practice in order to secure our EMR system so that any type of attack on the system in the future would not be successful.
  • “The whole team handled our issue very professionally and we would not hesitate to recommend them to anyone who needs their services. They were very prompt in their recommendations and the actions that we needed to take. It was a great relief having them on our side in dealing while dealing with the incident which shook up the whole Practice for a few months.”


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

  • The Best Lawyers in America®, Commercial Litigation; Litigation - Intellectual Property, 2023-2024 
  • Martindale-Hubbell®, "AV Rating" in Litigation, Insurance and Intellectual Property