With more than 20 years of experience at Jones Day, Todd Kennard provides clients with strategic counseling and advice and has served as chief trial counsel before federal and state trial and appellate courts, including administrative proceedings. Todd has handled many privacy and data security matters, including class actions under the Telephone Consumer Protection Act (TCPA). He also has handled other matters involving data breach responses (including forensic investigation) and breach notification and best practices and other privacy matters, as well as RICO and class action cases. Todd frequently speaks and writes on matters related to these issues.
Todd has taken and defended more than 100 depositions, including many expert depositions. He has taken graduate level statistics and econometrics courses and taken depositions involving those issues.
Todd is a graduate of the National Institute for Trial Advocacy. He is the former pro bono coordinator of the Columbus Office, serves on the board of The Legal Aid Society of Columbus, and is involved in facilitating legal services for veterans.
Experience
Additional Publications
- January 12, 2017
Plaintiffs Struggle to Find "Concrete Injury," Daily Journal - September 23, 2016
Keeping up with the (self-driving vehicles), Daily Journal - May 2014
Report On Big Data Hints Toward Global Interoperability, Law 360 - February 2012
Bankruptcy Filing May Not Prevent Enforcement, National Law Journal Franchising Business & Law Alert, Vol. 18, No 5 - October 2011
Federal Court Awards Preliminary Injunction Against Terminated Franchisee, LJN’s Franchising Business & Law Alert, Vol. 18, No. 1 - August 4, 2011
Case Study: Lloyd V. General Motors, Law360.com - January 2011
Federal Appellate Court Says Franchisor's Claims Belong in Federal System, LJN’s Franchising Business & Law Alert, Vol. 17, No. 4 - March 2010
The Alvord Decision: Why Periodic Review of Insurance Policies Is a Must for Franchisors, LJN's Franchising Business & Law Alert, Vol. 16, No. 6 - March 2010
Proposed Federal Legislation Seeks to Overturn Supreme Court Limits on Aiding and Abetting Liability in Certain Securities Cases, Engage: The Journal of the Federalist Society Practice Groups, Vol. 11, Iss. 1 - December 2009
Appellate Court Declines Look at Subjective 'Good Faith' in Contract, LJN's Franchising Business & Law Alert, Vol. 16, Number 3 - June 2009
MO Supreme Court Denies Auto Dealer’s 'Bad Faith' Statutory Claim, LJN's Franchising Business & Law Alert, Vol. 15, Number 9 - June 2009
Defending A Whistleblower Claim Under Sarbanes-Oxley: The Employee's Burden, Securities and Shareholder Litigation & SEC Enforcement News - February 2009
Contributor, How to Fix the U.S. Auto Industry: A Dealership Perspective, Franchising Business & Law Alert, Volume 15, Number 5 - January 2009
Auto Dealer Can Bring 'Bad Faith' Statutory Claim, Franchising Business & Law Alert, Volume 15, Number 4 - December 2008
Appellate Court Says Waiver Enforceable, Notwithstanding Statute, Franchising Business & Law Alert, Volume 15, Number 3 - October 2008
Franchisors May Have Standing to Seek to Quash Subpoenas Directed to Third Parties, LJN's Franchising Business & Law Alert
Speaking Engagements
- February 27, 2018
Biometrics Privacy - December 6, 2016
Cybersecurity, Litigation Risk, and Insurance Coverage - June 21, 2016
ACC Presentation Recent Transactional and Litigation Developments - January 2016
Cyber Security Best Practices for Corporate Counsel - December 2015
Litigation Strategies That Promote Favorable Outcomes While Reducing the Pain of Litigation - December 2014
Emerging Issues in Data Privacy and Federal Privacy Statutes, 2014 Jones Day CLE Academy - June 2014
Franchising in the U.S.: Overview of Legal and Strategic Issues - June 2014
International Franchise Expo June 2014 - June 20, 2013
An Overview of Key U.S. Trends and Regulatory Issues for Canadian and Overseas Franchisors, International Franchise Expo (IFE) - June 20, 2013
Strategies for Penetrating the U.S. Market for Overseas Franchisors, International Franchise Expo (IFE) - December 4, 2012
Emerging Privacy & Data Security Issues, Jones Day Columbus CLE University - June 15, 2012
Franchising Disputes: Litigation Risks and Practice Tips, International Franchise Expo (IFE) - May 10, 2012
Approaches for Avoiding Franchisor and Joint Employer Liability, 2012 Hospitality Labor & Employment Discussion Group - October 18, 2011
Panel Discussion: What’s New in Data Breaches and Breach Notification— Recent Developments, New Trends, and What the Future Holds, IAPP KnowledgeNet Quarterly Meeting - July 28, 2011
Panel Discussion: What's New in Data Breaches and Breach Notification, IAPP KnowledgeNet Quarterly Meeting - May 12, 2011
Emerging Corporate Data and Privacy Issues, Hot Topics Facing In-House Counsel in 2011, Jones Day Columbus - April 14, 2011
Franchisor-Franchisee Joint Employer/Employment Issues, 2011 Hospitality Labor & Employment Discussion Group, Jones Day Chicago - April 1, 2011
Franchising Disputes: Litigation Risks and Practice Tips, International Franchise Expo - November 17, 2010
Executive Roundtable Series: Growing Your Company via Franchising and Licensing - April 2010
Franchising Disputes: Litigation Risks and Practice Tips, International Franchise Expo
- Harvard University (J.D. cum laude 1997; Olin Prize Winner in Law & Economics; M.P.P. 1994, Kennedy School of Government); U.S. Military Academy, West Point (B.S. 1988; Distinguished Graduate)
- Ohio; U.S. District Courts for the Southern and Northern Districts of Ohio, Eastern District of Wisconsin, and Central District of Illinois; and U.S. Court of Appeals for the Sixth Circuit
- Staff member on Capitol Hill to U.S. Senator Phil Gramm (1991-1992) and officer, U.S. Army, including service in a forward deployed tank battalion (1988-1991)
- Recognized as a "Rising Star" by Ohio Super Lawyers on multiple occasions