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Todd L. Nunn

Partner
+1.206.370.7616
Fax +1.206.370.6144

Todd Nunn is a partner in K&L Gates' Seattle office. His practice emphasizes electronic discovery and document production and class action defense. Mr. Nunn has been selected to the Washington Super Lawyers List (2004-2008).

Electronic Discovery and Document Production.  Todd is a member of the e-Discovery Analysis and Technology (e-DAT) Group.  Todd has represented Microsoft, Expedia, T-Mobile, Wells Fargo, PPL Montana, Sound Transit, International Speedway Corporation, and many others in complex document production projects, including nationwide class actions, antitrust, and intellectual property matters.  Todd advises clients on e-discovery issues, document preservation, and discovery response planning.  This practice requires Todd to understand information technology and the legal implications of its use.  He is a frequent writer and speaker on e-discovery and technology issues.  He was the author of Preservation of Electronically Stored Information, Chapter Two of the 2006 DRI Treatise, "Understanding the New E-Discovery Rules."  Todd has been a court appointed arbitrator, has been appointed as a special master for e-discovery disputes, courts have relied on his testimony regarding e-discovery issues, and he has acted as an e-discovery liaison under court e-discovery protocols. 

Todd is actively involved in the development of discovery law, and e-discovery law in particular.  For the last five years, Todd has been a member of the Washington State Bar Association Court Rules and Procedures Committee.  He is the Chair of the ESI Discovery Subcommittee, which is assigned the task of evaluating and recommending any needed e-discovery specific amendments to the Washington State Rules of Civil Procedure.  He was a member of the subcommittee that completely revised Washington's Civil Rule 45, dealing with subpoenas for documents and testimony. 

Class Action Defense.  Todd has defended class actions on behalf of corporate clients including Microsoft, Expedia, T-Mobile and Trex, and municipal clients including Sound Transit, the City of Federal Way and the City of Yakima.  His class action defense experience includes defense of numerous nationwide and statewide breach of contract and consumer protection class actions, including defending classes alleged under the Washington Consumer Protection Act.  He has also defended government regulation, products liability, environmental, employment and securities class actions. 

Todd is the Co-Editor and Author of "State Class Actions: Practice and Procedure," a 51 chapter loose leaf treatise that provides a comprehensive treatment of state class action laws for all 50 states and the District of Columbia.  Todd co-authored several chapters of this treatise, including the Washington State chapter.  Todd was also the Co-Editor of the 2007 updates for Linda S. Mullenix, State Class Actions Practice and Procedure (CCH 2006). 

Insurance Coverage.  Todd has represented clients such as Microsoft, King County, the City of Everett, Overlake Residence LLC, Sound Transit, and PPL Montana in a variety of commercial insurance coverage claims.  His experience includes claims relating to, commercial general liability, employee benefits liability, commercial property coverage, environmental coverage claims, and D&O coverage.  He also has extensive experience in litigating claims against insurance companies for bad faith claims handling and violation of the Consumer Protection Act.  Todd has a focus on technology issues relating to insurance coverage, including cyber risk insurance coverage. 

Professional/Civic Activities

  • Chairman, Electronically Stored Information Discovery Subcommittee, WSBA Court Rules and Procedures Committee, 2006-2010.
  • WSBA Court Rules and Procedures Committee, 2005-2010. 
  • Deputy Mayor, City of Medina, 2004 - 2005.
  • City of Medina City Council, 2001 - 2005.
  • City of Medina Planning Commission, 1999 - 2001.

Speaking Engagements

  • Presenter, Electronic Discovery: What You Must Know to Correctly Steer Your Client, Washington Civil Procedure: Let's Do it Right!, Washington State Bar Association CLE (2010).
  • Presenter, Admissibility of Electronic Evidence, Northwest Justice Project Family Law CLE (2010).
  • Presenter, Class Action Pre-Certification Tactics, Strafford Legal Briefings (2010).
  • Presenter, Cloud Computing: Emerging E-Discovery Trends, Strafford Legal Briefings (2010).
  • Presenter, Class Action Settlement Strategy, Strafford Legal Briefings (2010).
  • Presenter, E-Discovery Best Practices and Compliance Guidelines, Center For Competitive Management Audio conference (2010).
  • Presenter, The Amendments to the Federal Rules of Civil Procedure and Recent Case Law, Keeping Up with E-Discovery, National Business Institute (2009).
  • Presenter, Electronic Discovery in the States and Recent Case Law, Keeping Up with E-Discovery, National Business Institute (2009).
  • Co-Chair and Presenter (Problematic ESI), Advanced E-Discovery Conference, Washington State Bar Association CLE (2009).
  • Presenter, E-Discovery Best Practices, It's E-lectric!, Decoding the Mysteries of E-mail, E-records, E-discovery and Computer Forensics, ARMA International (2009).
  • Presenter, Electronic Discovery, Washington Association of Prosecuting Attorneys Spring Training Program, Civil Track (2009).
  • Presenter, Government Lawyers Bar Association Spring 2009 CLE on Electronic Discovery (2009).
  • Presenter, New Rule 502 and Inadvertent Disclosures, Strafford Legal Briefings (2009).
  • Presenter, Federal and State Rules for e-Discovery, What Every Practitioner Needs to Know About e-Discovery, Seattle University School of Law (2009).
  • Presenter and Panelist, Admissibility of Electronic Evidence, Practicing Law in the Electronic Era, Washington State Bar Association CLE (2009).
  • Presenter, Meet and Confer - Complying with Tougher Discovery Rules, Strafford Legal Briefings (2009).
  • Presenter, The Amendments to the Federal Rules of Civil Procedure and Recent Case Law, Keeping Up with E-Discovery, National Business Institute (2008).
  • Presenter, Electronic Discovery in the States and Recent Case Law, Keeping Up with E-Discovery, National Business Institute (2008).
  • Presenter, Participating in Electronic Discovery, Electronic Law Office Practice, Halfmoon Seminars (2008).
  • Presenter, E-Discovery Practice, Second Annual E-Discovery Summit, Colorado Litigation Support Managers Association (2008).
  • Panelist, Data Filtering, Processing, Review and Production: How It Works and Why You Need It, E-Discovery: An A-Z Workshop (2008).
  • Panelist, Meet and Confer, E-Discovery: An A-Z Workshop (2008).
  • Lecture on Admissibility of Electronic Evidence, Northwest Regional National Institute of Trial Advocacy (NITA) Program (2008).
  • Presenter, E-Discovery Strategies for Rule 45 Subpoenas and Non-Party production, Strafford Legal Briefings (2008).
  • Presenter, Electronic Discovery Today and Tomorrow, Washington Civil Procedure: Commencement to Post Trial Motions and Remedies, Washington State Bar Association CLE (2008).
  • Presenter, Electronic Document Review, Strafford Legal Briefings (2008).
  • Presenter, Electronically Stored Information, How to Succeed as a Modern Era Litigator, Washington State Bar Association CLE (2008).
  • Presenter, State E-Discovery Rule Changes, the Latest Trends in E-Discovery, Washington Defense Trial Lawyers (2008).
  • Presenter, Meet and Confer - Complying with Tougher Discovery Rules, Strafford Legal Briefings (2008).
  • Presenter, Attorney Client Privilege in Electronic Communications, Strafford Legal Briefings (2008).
  • Presenter, Microsoft e-Discovery Summit, Dallas, Houston, Texas (2008).
  • Presenter, Emerging Discovery Issues – Electronic Discovery, Montana Defense Trial Lawyers Annual CLE (2007).
  • Presenter, Electronic Discovery Rules and Ethics Discussion on Competence, Washington Council of School Attorneys’ Fall Workshop (2007).
  • Presenter, What About Problematic Forms of ESI: IM, Digital Voicemails, VoIP and Dynamic Databases, DRI E-Discovery Seminar (2007).
  • Presenter, The Top Ten Worst E-Discovery Mistakes – and How to Avoid Them, Dare to Discover: How to Employ and Respond to Discovery Tactics, Washington State Bar Association CLE (2007).