Kenneth K. Dort counsels clients on information technology and intellectual property law issues—specifically, software development and licensing, systems development and integration, data security and privacy, trade secret protection and patent/copyright /trademark licensing and protection. He is chair of the firm’s Technology Committee.
Ken is CIPP/US, CIPP/E and CIPP/C certified and advises clients throughout the United States, the European Union and Canada on their data security and privacy practices and compliance needs arising under HIPAA, COPPA, the CAN-SPAM Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Video Privacy Protection Act, PCI-DSS, the EU Privacy Directive, the EU GDPR, Canada’s Privacy Act and PIPEDA and other federal, state, provincial and international privacy and data security laws and industry standards.
He assists clients with the drafting and implementation of data security and privacy, document retention, device usage and mobile application policies and protocols. Ken also regularly works with leading forensics investigators to assess clients’ information systems and security protocols.
He has assisted numerous clients in responding to data breaches—both with respect to investigating and remediating the source of the breach, and with respect to complying with all applicable statutory, regulatory and industry requirements as to notification of affected persons, business partners and government officials.
He assisted clients through the US-EU Safe Harbor Certification Process, is now assisting clients through the application of the EU-U.S. Privacy Shield, and continues to assist clients with the implementation of model contract provisions and other local EU regulatory measures under the EU Privacy Directive to facilitate the trans-border transfer of protected data.
Ken has extensive experience assisting clients in the resolution of disputes relating to patent, copyright and trademark infringement, breaches of data security systems, information systems development and implementation failures, open source software licensing and development, trade secret misappropriation, and other types of complex commercial disputes.
Ken is also experienced in handling such disputes when they expand into litigation and/or arbitration, at the trial and appellate levels, throughout the U.S. In addition, Ken also advises his clients on general corporate issues, business strategies and related areas of information technology and intellectual property law at the national and international levels.
Ken has also been admitted temporarily (pro hac vice) in more than 25 jurisdictions throughout the United States to represent clients in particular cases relating to information technology and/or data security/privacy.
Ken’s experience assisting clients in the resolution of disputes relating to patent, copyright and trademark infringement includes:
- 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).
- 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).
- 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).
Ken leads the firm’s data breach response team and has assisted numerous clients in the technology, retail, finance, health care, manufacturing, entertainment and other sectors in investigating and responding to data breaches and then implementing appropriate measures to minimize the risk of recurrence.
- 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.
- 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.
- The University of Chicago Law School, J.D., 1986
- Stanford University, A.B., 1983
Bar Admissions : Illinois
Court Admissions :
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. District Court, Northern District of Illinois
Rate : $$$$