J. ToddKennard

Of Counsel

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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 Pro Bono Coordinator of the Columbus Office and serves on the board of The Legal Aid Society of Columbus.

Experience

  • Wrongfully convicted Michigan woman to face no further charges after U.S. Supreme Court denies petition for certiorariJones Day successfully represented Hattie Mae Tanner in post-conviction proceedings, ultimately obtaining a result from the Supreme Court of the United States ensuring that Ms. Tanner will remain a free woman.
  • GM resolves lawsuit brought by Cadillac dealership over proposed termination of dealer agreementOn behalf of General Motors LLC, Jones Day negotiated a voluntary dismissal of a lawsuit brought by one of the nation's largest Cadillac dealerships regarding the proposed termination of the dealer's distribution agreement.
  • Data analytics company responds to possible cyberattackJones Day advised a data analytics company in the healthcare sector regarding a possible cyberattack originating outside the United States.
  • ETS defends putative class action alleging transmission of facsimile advertisements lacking adequate "opt out" languageJones Day is representing Educational Testing Service in a putative class action alleging the transmission of facsimile advertisements allegedly lacking adequate "opt out" language.
  • Time Warner Cable defends against putative TCPA class actionJones Day represented Time Warner Cable Inc. and another party in a putative class action involving the Telephone Consumer Protection Act and a state consumer sales practices act. The case was dismissed.
  • iYogi defends against Telephone Consumer Protection Act putative class actionJones Day is representing iYogi, Inc. in connection with a putative class action asserting violations of the Telephone Consumer Protection Act.
  • Time Warner Cable successfully defends Telephone Consumer Protection Act lawsuitJones Day represented Time Warner Cable in a case involving allegations related to the Telephone Consumer Protection Act.
  • GM successfully resolves litigation over allegations of fraud and breach of contract by Chevrolet dealerJones Day successfully represented General Motors LLC ("GM") in litigation filed in federal and state court involving allegations of fraud and breach of contract by a Chevrolet dealer.
  • Cardinal Health wins dismissal in state court, and affirmance in Sixth Circuit of dismissal in federal court, of shareholder derivative lawsuitsJones Day represented directors and officers of Cardinal Health, Inc. in shareholder derivative litigation in state and federal courts arising from the company’s interactions with the DEA.
  • GM prevails in performance agreement litigationJones Day successfully represented General Motors LLC ("GM") in federal preliminary and permanent injunctive proceedings arising out of an automobile dealer’s refusal to comply with the terms of a performance-related settlement agreement.
  • Client seeks advice on compliance with TCPA and TCFAAJones Day assisted an organization with nationwide sales operations in developing a marketing program that complies with the Telephone Consumer Protection Act, the Telemarketing Consumer Fraud and Abuse Act, and regulations enacted by the Federal Communications Commission and the Federal Trade Commission.
  • Insurance claims processing contractor seeks advice on possible data breach involving medical recordsJones Day advised an insurance claims processing contractor regarding a possible data breach involving medical records.
  • GM successfully defends against preliminary injunction proceedings from alleged sale of a dealershipJones Day successfully defended General Motors LLC ("GM") in preliminary injunction proceedings filed in federal court arising out of an alleged sale of a dealership and related claims involving an arbitration conducted under Congressional legislation.
  • GM successfully defeats TRO requests and obtains dismissal of three federal actions filed by non-retained dealersJones Day represented General Motors LLC in defeating TRO requests and obtaining dismissals of three federal actions filed by non-retained dealers.
  • GM defends dealership arbitrationsJones Day assisted General Motors and other GM firms in coordinating national defense efforts in hundreds of arbitrations seeking the claimed reinstatement or addition to the dealer network of the new company, General Motors LLC ("GM").
  • GM prevails in action against motor vehicle dealers seeking to enjoin re-establishment of dealership operations in WisconsinJones Day successfully represented General Motors LLC against two new motor vehicle dealers in Wisconsin.
  • Saturn Distribution obtains dismissal of appeal and multiple requests for temporary restraining orderJones Day represented Saturn Distribution Corporation in a proceeding filed by a dealership, Lou Sobh Saturn, Inc., which objected to the alleged opening of a Saturn dealership within 10 miles of the protesting dealer's location.
  • Chrysler sold to Fiat-led "New Chrysler" after historic court proceedingsAfter a historic battle all the way to the United States Supreme Court, Chrysler LLC sold substantially all of its assets to Fiat-led "New Chrysler" (Chrysler Group LLC) on June 10, 2009, providing the opportunity for its iconic brands and U.S. operations to survive.
  • GM successfully defeats RICO claims brought by dealer in 4th Circuit Court of AppealsJones Day represented General Motors Corporation in a lawsuit against GMAC and GM seeking damages for RICO claims related to plaintiff's dealership operations.
  • GM obtains dismissal of all claims in dealership lawsuitJones Day obtained a Rule 12(b)(6) dismissal of a lawsuit against General Motors Corporation in the Eastern District of New York.
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    August 2019 Newsletters

    Jones Day Global Privacy & Cybersecurity Update | Vol. 23

    August 2019 Commentaries

    Federal Appellate Court Affirms Significant Reduction of Damages Claim in TCPA Class Action

    June 2019 Commentaries

    "Pretext Theory" as Applied to Unsolicited TCPA Fax Advertisement Claims

    March 2019 Commentaries

    The FDA and Cybersecurity: How the Agency is Addressing Cybersecurity Risks to Medical Devices

    March 2019 Jones Day Publications

    Jones Day Global Privacy & Cybersecurity Update | Vol. 21

    February 2019 Commentaries

    Illinois Supreme Court Rules that Plaintiff Is "Aggrieved" Under State Biometrics Statute Despite Alleging No Injury

    January 2019 Alerts

    FCC Establishes Reassigned Phone Number Database

    December 2018 Jones Day Publications

    Jones Day Global Privacy & Cybersecurity Update | Vol. 20

    December 2018 Commentaries

    Agent Actions Don't Equal Personal Jurisdiction in Telephone Consumer Protection Act Case

    November 2018 Commentaries

    Out of State, Out of Luck: Federal Court Rejects Nationwide TCPA Class Action Claims
    View All

    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
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