Kenneth K. Dort

Partner

Chicago

(312) 569-1458 phone
(312) 569-3000 fax

Kenneth K. Dort is a partner in the firm’s Intellectual Property Practice Group and the chairman of the firm's Technology Committee. His practice focuses on information technology and intellectual property law issues – specifically, software development and licensing, systems development and integration, data encryption and security, trade secret protection, and patent/copyright/trademark licensing and protection. 

Privacy and Data Security. Ken advises clients throughout the United States and the European Union regarding 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 and other federal, state and international privacy and data security laws and industry standards.  He assists clients with the drafting and implementation of data security and privacy policies, document retention policies, device usage policies and mobile application policies.  He regularly works with leading forensics investigators to assess clients’ information systems and security protocols.  He assists clients through the US-EU Safe Harbor Certification Process and prepares model contract provisions under the EU Directive on Data Protection to facilitate the trans-border transfer of protected data.  He also leads the firm’s data breach response team and has assisted numerous clients in the technology, retail, finance, healthcare, manufacturing, entertainment and other sectors in investigating and responding to data breaches and then implementing appropriate measures to minimize the risk of recurrence.

Dispute Resolution.  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 also has extensive experience handling such disputes when they expand into litigation and/or arbitration, handling cases at the trial and appellate levels throughout the United States. In addition, Ken 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.

In General. Ken earned his J.D. from the University of Chicago Law School in 1986, and his A.B. from Stanford University in 1983. He has been the Chair of the ABA Intellectual Property Law Section's Online Data, Transactions and Security Committee since the 2012-­2013 year. He was also named an “Illinois Leading Lawyer,” Leading Lawyers Network, Information Technology and Intellectual Property from 2005 to 2014. Ken sits on the Board of Trustees of the Chicago Museum of Science and Industry and is also the Chairman of the Museum’s President’s Council and a member of its Columbian Society.

Representative Matters

Representative information technology and intellectual property matters that Ken has handled include the following:

  • Supervised 2014 investigation of incident involving data system of large Mid-Atlantic healthcare 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.
  • Hogan v. Jetro Holdings, LLC, et al., Southern District of California (2013).  Represented defendant restaurant wholesale supply company against class action arising from two data security breaches.  Successfully resolved action through settlement dismissing all claims.
  • Oversaw 2013 review of Fortune 200 pharmaceutical company’s new data security policies and procedures to accommodate new healthcare data reporting services under applicable US and EU statutes and regulations.
  • Supervised 2012 investigation for Fortune 200 medical device and healthcare company into 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 2011 investigation for 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.
  • 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).

Publications

5/29/2014
ACC Chicago Focus
Data Breach Prevention: Considerations to Implement in the Wake of Target/Neiman/Michael’s
4/16/2014
Client Alert
Federal Court Refuses to Dismiss FTC Data Security Authority
4/8/2014
8th Annual Intellectual Property Law Institute
SaaS: Pro’s and Con’s and How It Differs from a Traditional License
3/14/2014
Client Alert
Potentially Ground-Breaking Class Settlement – Data Breach Relief
1/29/2014
Client Alert
FTC Announces Proposed Safe Harbor Certification Settlements
10/30/2013
Client Alert
NIST Releases Draft Cybersecurity Framework
10/28/2013
Client Alert
New California Data Breach and Privacy Amendments
9/9/2013
Law360
Photocopiers – A Recurring Data Security Risk
1/17/2013
Client Alert
California Attorney General Releases “Privacy On The Go” Best Practices for Mobile Business Applications
12/20/2012
Client Alert
Mobile Apps Privacy Policy — A Must
8/13/2012
Data Security Client Alert
New FTC Standards for Data Security?
7/1/2012
Understanding Developments in Cyberspace Law Edition Ed. 12 Ch. 7
Recent Trends in Cyberspace Law: Data Security and Privacy
3/30/2012
American Bar Association: 27th Annual Intellectual Property Law Conference
Mitigating Infringement Risks
12/20/2011
Protecting Your Competitive Edge, Drinker Biddle
Reliable Fire Equipment Company v. Arredondo — The Enforceability of Noncompetition Agreements Requires Illinois Courts to Review the Totality of the Facts and Circumstances to Determine the Reasonableness of those Agreements
10/17/2011
Protecting Your Competitive Edge, Drinker Biddle
Shoring Up Your Proprietary Safeguards
8/30/2011
Protecting the Company Jewels
5/15/2011
The Lawyer's Brief
Geolocation Technologies: Emerging Concerns on the IP and Privacy Fronts
4/9/2011
Geolocation Technologies: Emerging Concerns on the IP and Privacy Fronts
12/1/2010
The Impact of Bilski on Business Method Patents, 2011 ed.: Leading Lawyers on Navigating Changes in Patent Eligibility, Counseling Clients Post-Bilski, and Understanding Recent USPTO Guidelines (Inside the Minds)
Developing Effective Patent Strategies for Ideas and Concepts in a Digital Age
9/22/2010
Review of Banking and Financial Services
Business-to-Business Data Breaches: Prevention, Immediate Actions and Remedies
1/16/2009
Legal Backgrounder, Washington Legal Foudation
Businesses' Data Collection: What Legal Risks Exist and Who Can Sue If Breaches Occur?
1/16/2009
Washington Legal Foundation
Businesses' Data Collection: What Legal Risks Exist and who Can Sue if Breaches Occur?

Speaking Engagements

5/29/2014
ACC Chicago Focus
Information Privacy and Data Protection
5/28/2014
Masters Conference (Chicago, IL)
EU Data Privacy Regulations: New and Far More Stringent?
4/28/2014
2014 RIMS Convention (Denver, CO)
Cyberliability Insurance: Legal Landscape of Data Security
4/9/2014
8th Annual Intellectual Property Law Institute
SaaS: Pro’s and Con’s and How It Differs from a Traditional License
4/2/2014
American Bar Association’s 29th Annual Intellectual Property Law Conference (Arlington, VA)
U.S. Data Security 2014: An Overview of the Landscape
2/20/2014
CFO Alliance Webinar
2014 CFO Sentiment Study Results
12/5/2013
Drinker Biddle CLE Breakfast Briefing
Cybersecurity and Litigation Risk
5/22/2013
2013 RECon Convention (Las Vegas, NV)
Risk Management/Insurance Special Industry Group
4/25/2013
7th Annual Intellectual Property Law Institute (Philadelphia, PA)
Protection of Software: What is the Present State?
2/1/2013
Northwestern University School of Law Symposium on Cybercrime
A Balancing Act—Preventing Cybercrime While Protecting Individual Rights
12/12/2012
Drinker Biddle Webinar
Mobile Health Applications: Regulatory, Privacy & Data Security Issues
5/4/2012
2012 World Technology Law Conference & Annual Meeting
5/4/2012
2012 World Technology Law Conference & Annual Meeting
3/30/2012
American Bar Association’s 27th Annual Intellectual Property Law Conference
6/3/2010
Data Privacy and Information Security Conference
6/3/2010
National Advanced Forum on Litigation and Enforcement Preparedness for Data Privacy & Information Security, American Conference Institute
5/25/2010
Computer Law Association Roundtable Series
5/12/2010
8th Annual Business & Legal Issues In Dialysis & Nephrology Symposium
5/12/2010
International Technology Law Association Annual Meeting and World Conference
5/14/2009
International Technology Law Association Annual Meeting and World Conference
5/13/2009
7th Annual Business & Legal Issues in Dialysis & Nephrology Symposium
9/10/2008
Document Retention and Destruction, Lorman Educational Symposium
7/16/2008
McGuireWoods/Marsh Joint Cyber Risk Seminar

Representative information technology and intellectual property matters that Ken has handled include the following:

  • Supervised 2014 investigation of incident involving data system of large Mid-Atlantic healthcare 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.
  • Hogan v. Jetro Holdings, LLC, et al., Southern District of California (2013).  Represented defendant restaurant wholesale supply company against class action arising from two data security breaches.  Successfully resolved action through settlement dismissing all claims.
  • Oversaw 2013 review of Fortune 200 pharmaceutical company’s new data security policies and procedures to accommodate new healthcare data reporting services under applicable US and EU statutes and regulations.
  • Supervised 2012 investigation for Fortune 200 medical device and healthcare company into 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 2011 investigation for 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.
  • 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).