David E. Kitchen

Partner

Cleveland
T +1.216.861.7060
F +1.216.696.0740

Overview

David Kitchen is a member of the firm’s Chambers USA-ranked Privacy and Data Protection Team. He has advised hundreds of clients through data security incidents involving domestic and international laws and regulations. His clients span the financial, healthcare, government, education, professional services, retail, and other industries. Drawing on his experience as a litigator, David is also well-suited to help defend his clients in connection with regulatory investigations and class action lawsuits. David provides companies that have experienced security incidents with practical solutions that minimize regulatory and litigation risk. David has earned the CIPP/US certification through the International Association of Privacy Professionals (IAPP).

Select Experience

  • Represented Irving H. Picard, the court-appointed SIPA Trustee, in liquidation proceedings of BLMIS. Has played a central role in the Trustee's action to recover more than $500 million in fraudulent transfers from a group of feeder fund defendants in Picard v. Merkin, et al. 
  • Represented a child care product group of a Fortune 50 company as complainant before the ITC against a manufacturer of infringing products in a patent infringement action. Shortly before trial, obtained favorable settlement of all claims. In re: Certain Strollers And Playards, Inv. No. 337-TA-762 (ITC 2012).
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Experience

  • Represented Irving H. Picard, the court-appointed SIPA Trustee, in liquidation proceedings of BLMIS. Has played a central role in the Trustee's action to recover more than $500 million in fraudulent transfers from a group of feeder fund defendants in Picard v. Merkin, et al. 
  • Represented a child care product group of a Fortune 50 company as complainant before the ITC against a manufacturer of infringing products in a patent infringement action. Shortly before trial, obtained favorable settlement of all claims. In re: Certain Strollers And Playards, Inv. No. 337-TA-762 (ITC 2012).
  • Defended a Fortune 50 manufacturer against claims of trade secret theft and RICO violations. All key claims were dismissed on summary judgment. Thermodyn Corp. v. 3M Co., 593 F. Supp. 2d 972 (N.D. Ohio 2008).
  • Obtained judgment following a jury trial in favor of a client, the plaintiff, in a patent infringement action relating to a materials shipment method patent. The two-week trial resulted in judgment for the client of infringement, patent validity and willful misconduct by the defendant companies. Successfully defended the judgment twice on appeal. MPT, Inc. v. Marathon Labels, Inc., 505 F. Supp. 2d 401, 423 (N.D. Ohio 2007); MPT, Inc. v. Marathon Labels, Inc., 258 Fed. Appx. 318 (Fed. Cir. 2007). 
  • Involved in e-discovery issues for a national bank seeking to recover losses relating to the bank's auto leasing business. Part of a team that obtained a settlement of $279 million, an outcome that was featured in American Lawyer's "Big Suits" department.

Recognitions and Memberships

Memberships

  • International Association of Privacy Professionals (IAPP)
    • Certified Information Privacy Professional – United States (CIPP/US)
  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association
  • Cleveland Intellectual Property Law Association
    • Auditor (2013 to 2014)

News

News

Press Releases

Community

  • Boy Scouts of America
  • Cleveland Legal Aid Society

Pro Bono

  • Pursued a habeas appeal, including oral argument before the Sixth Circuit Court of Appeals, on behalf of an individual seeking to vacate his sentence.

Admissions

  • U.S. Court of Appeals, Federal Circuit, 2007
  • U.S. Court of Appeals, Sixth Circuit, 2007
  • U.S. District Court, Northern District of Illinois, 2014
  • U.S. District Court, Southern District of Ohio, 2011
  • U.S. District Court, Northern District of Ohio, 2004
  • Ohio, 2004

Education

  • J.D., University of Chicago Law School, 2004
  • B.S., Manufacturing Engineering and Technology, Brigham Young University, 2001, Tau Alpha Pi

Languages

  • Spanish

Blog

In The Blogs

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Data Privacy Monitor
Deeper Dive: Take Action to Close the Largest Cause of Data Security Incidents – Your Employees
By David E. Kitchen
April 17, 2018
If you work at a typical company, employee actions and inadvertent present the greatest threat to the security of your data. Therefore, providing proper training and technical safeguards is one of the most important means to enhance your...
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