Over his 30-year career, Ken has focused on the ways that law and regulation frame the development of new technology. He is engaged by some of the world’s largest companies to stem and mitigate major data breaches, including those involving credit card information and employee, customer and patient data. He is called on frequently to create or improve data security and privacy protocols for highly sensitive information, devices and mobile applications.
Ken also works with leading forensic investigators to assess client information systems and security protocols and addresses issues and compliance needs that arise under these laws and standards:
- Federal Trade Commission Act
- California Consumer Privacy Act (CCPA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Children's Online Privacy Protection Act (COPPA)
- Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act)
- Fair Credit Reporting Act
- Fair and Accurate Credit Transactions Act (FACTA)
- Video Privacy Protection Act
- Payment Card Industry Data Security Standard (PCI DSS)
- General Data Protection Regulation (EU GDPR)
- Privacy Act (Canada) and Personal Information Protection and Electronic Documents Act (PIPEDA)
- Act on Protection of Personal Information (Japan APPI)
- Privacy Act of 1988 (Australia)
- General Data Protection Law (Brazil)
Ken also arbitrates on behalf of clients and litigates at the trial and appellate levels throughout the United States on disputes related to some of the most complex intellectual property and information technology issues. Ken’s litigation experience includes:
- Copyright and trademark infringement
- Breaches of data security systems
- Information systems development and implementation failures
- Open-source software licensing and development
- Trade secret misappropriation
- Other types of complex commercial disputes
Privacy and Data Security Representative Experience
- Supervised investigations in 2016 for multiple manufacturing and industrial companies involving breaches of human resource data leading to numerous instances of tax fraud and identity theft. Assisted clients in complying with applicable notification statutes and working with law enforcement and IRS to address and rectify subsequent developments.
- Supervised investigations in 2015 for multiple recreational and retail companies involving potential instances of credit card information breach. Assisted clients in working with forensic investigators and credit card companies to establish that no breaches had occurred on clients’ respective systems.
- Supervised the 2014 investigation of incident involving data system of large Mid-Atlantic health care system that concluded no breach had occurred. Worked with client to upgrade its information systems, formulate new data security protocols and implement them throughout the new systems.
- Represented a defendant restaurant wholesale supply company against a class action arising from two data security breaches. Successfully resolved the action through settlement dismissing all claims. Hogan v. Jetro Holdings, LLC, et al., Southern District of California (2013).
- Oversaw the 2013 review of a Fortune 200 pharmaceutical company’s new data security policies and procedures to accommodate new health care data reporting services under applicable U.S. and EU statutes and regulations.
- Supervised the 2012 investigation for Fortune 200 medical device and health care company into a data breach involving patient treatment information. Assisted client in complying with applicable notification statutes and working with forensic investigators to identify source of breach and to rectify the system defect.
- Supervised the 2011 investigation for a large Mid-Atlantic not-for-profit foundation into data breaches involving student scholarship information. Assisted client in complying with applicable notification statutes and worked with forensic investigators to identify source of breaches and rectify the system defects.
Patent, Copyright and Trademark Infringement Representative Experience
- Intelligent Medical Objects, Inc. v. Health Fidelity, Inc., Northern District of Illinois (2015). Represented defendant health care data processing company against copyright infringement and contract action arising from license of plaintiff’s software and database. Resolved action through settlement dismissing all claims.
- Live Face on the Web, LLC v. Tweople, Inc., et al., Middle District of Florida (2014). Represented co-defendant sales company against copyright infringement action arising from usage of video software licensed from main defendant. Successfully resolved action through settlement dismissing all claims.
- World Market Center Venture v. E.B. DesignWorks & Co., Inc., District of Nevada (2010). Represented trademark holder against declaratory judgment claim, asserting counterclaim for trademark infringement – action settled in favor of client with payment of damages and injunctive relief.
- CPE SA v. Wilton Industries, Inc., Northern District of Illinois (2010) Represented defendant in obtaining dismissal of contract and fraud claims arising from failed asset acquisition.
- Stihl Incorporated v. Hawkins, Eastern District of Virginia (2009). Represented plaintiff in trademark infringement action obtaining complete relief and damages.
- LaTourelle v. K & Company and Wilton Brands, Inc., Western District of Kentucky (2009). Represented defendants against major copyright infringement claims obtaining desired settlement of matter.
- The Annex Club, LLC, et al. v. Clarke, Northern District of Illinois (2009). Represented Wrigley Field rooftop owners against tourist/entertainment website in trademark infringement action obtaining complete relief and damages.
- Park Li Management Simulations v. Interpretive Software, Inc., et al., Northern District of Illinois (2007). Represented defendant software developer against claims for copyright and trademark infringement obtaining advantageous settlement permitting continued use of software and trademarks in dispute.
- Nanodetex Corp. v. Sandia Corp., et al., District of New Mexico (2007). Represented plaintiff technology licensee against national laboratory obtaining confidential settlement arising from breach of underlying commercialization license.
- Pettibone Corp. v. Infor Corp., Northern District of Illinois (2006). Represented plaintiff software licensee against software developer obtaining desired settlement arising from implementation and pricing dispute.
- Cyborg Systems, Inc. v. David DeWilde and DeWilde Consulting Corp., Northern District of Illinois (2003). Represented plaintiff against former consultant asserting violations of the Computer Fraud and Abuse Act – obtained complete injunctive relief and damages.
- eLoyalty Corp. v. Qwest Corp., American Arbitration Association (2002). Represented plaintiff software developer in action seeking unpaid development fees – awarded damages of $2,000,000.
- Flora v. Art.com, Inc., et al., Northern District of Illinois (2002). Represented plaintiff software developer against former chief technology officer and his subsequent employer asserting claims of copyright infringement and trade secret misappropriation – obtained complete injunctive relief and desired monetary settlement.
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