Overview
An entrepreneur, business advisor, and trusted attorney, Ken Suh serves as a Member on McDonald Hopkins’ national Data Privacy and Cybersecurity team. With over a decade of experience and a background in engineering and business, Ken delivers practical, impactful, and mission-focused legal guidance that helps clients navigate data privacy and cybersecurity risks, including those tied to emerging technologies like artificial intelligence. He has advised clients in almost every industry vertical and has led over 100 matters involving regulatory enforcement, litigation, and compliance. His practice also includes advising on intellectual property strategy, compliance, and litigation, and general corporate matters.
Ken has served as lead counsel in a number of high-stakes data security and privacy cases, including those involving the California Invasion of Privacy Act (CIPA), in both federal courts and administrative agencies. He brings deep trial experience and a background of handling bet-the-company trials involving complex technologies, including commercial aviation, mobile devices, radiation oncology, and hybrid vehicle systems.
Trusted by cyber insurance carriers and brokers, Ken is frequently appointed as panel and preferred counsel in cyber, privacy, and IP matters. Prior experience includes leading a team at a major Lloyd’s of London cyber/tech E&O carrier, overseeing a $1 billion portfolio. There, he developed resolution strategies for thousands of matters involving ransomware, data breaches, biometric data (BIPA), HIPAA, FCRA/FACTA, and class actions.
Ken also teaches Artificial Intelligence and Law as an adjunct professor at the University of Illinois Chicago and is a faculty affiliate with the University of Illinois Institute of Government and Public Affairs (IGPA), a policy-focused think tank.
Representative Cases & Matters
- Lead counsel on more than 100 suspected data security incidents including in highly regulatedindustries such as financial services, defense, and health care.
- Lead defense counsel on multiple California Invasion of Privacy Act (CIPA) matters, alleging theuse of various tracking technologies violates CIPA.
- Lead defense counsel advising clients in litigation and responding to demand letters related toalleged harms arising out of data security incidents.
- Lead defense counsel in litigation involving fraudulent payments arising out of a phishing scheme.
- Lead counsel on multiple state and federal regulatory investigations related to cybersecurity incidents.
- Lead counsel on privacy compliance matters involving the use of Artificial Intelligence, automated decision making, and cookie and pixel tracking technologies.
- Third-party neutral on CIPA liability issues related to the use of AI technology in the hospitality industry.
- Lead defense counsel on copyright matters, including those involving the alleged unlicensed useof music in social media, in marketing, and involving the use of Artificial Intelligence technologies.
- Draft Artificial Intelligence policies relating to compliance and internal and external acceptable use.
- Negotiate and draft contract terms related to privacy and intellectual property provisions.
- Due diligence analysis and reporting in support of M&A.
Honors & Recognition
Winner, Global New Venture Challenge (GNVC), The University of Chicago Booth School of Business
Credentials
Education
University of Chicago, M.B.A., 2021
Washington University School of Law in St. Louis, J.D., cum laude, 2009
Northwestern University, M.A., 2005; public policy and administration
Northwestern University, B.S., 2001; computer science
Admissions – Court
- U.S. District Court for the District of Colorado
- U.S. District Court for the Northern District of California
- U.S. District Court for the Northern District of Illinois
Admissions – State
- California
- Illinois
- Texas
Languages
- Korean
Professional & Civic
Professional Activities
Adjunct professor, Artificial Intelligence, University of Illinois Chicago Law School
Member, University of Illinois Chicago Law School Artificial Intelligence Task Force
Member and co-chair, University of Illinois Chicago Law School Artificial Intelligence Symposium
Volunteer mentor, The American Bar Association Judicial Intern Opportunity Program, Chicago
Co-founder and board member, HeartScreen Health
News & Insights
External News & Publications
Quoted, “Considerations and Enforcement of Privacy Compliance Following Meta’s Settlement with Texas,” Law360, July 31, 2024.
Quoted, “BIPA Litigation Cases Centered on Voice Recognition,” Law360, January 3, 2024.
Quoted, “BNSF’s BIPA Judgment in Recap Highlighting Illinois’ Biggest Court Decisions of 2023,“ Law360, July 21, 2023.
Quoted, “Preventative Security Measure to Protect Entities from Ransomware Attacks,” Law360, May 22, 2023.
Quoted, “Increased Rate of New Biometric Information Privacy Act Lawsuits and Growing Liability Risks,” Bloomberg Law, May 2, 2023.
Author, "Consumer Financial Protection Bureau’s Data Access Rulemaking Process: A Heads-Up to Covered Data Providers,” The Banking Law Journal, April 2023.
Quoted, “Illinois Supreme Court Ruling in Cothron v. White Castle,” Bloomberg Law, February 22, 2023.
Quoted, “Recent Interpretations of BIPA,” Bloomberg Law, January 9, 2023.
Author, “The Illinois Biometric Information Privacy Act’s Scope is Shaped by Courts, With No Legislative Relief in Sight,” Pratt’s Privacy & Cybersecurity Law Report, October 2022.
Quoted, “Zoom’s Coverage Disputes and Cybersecurity and Privacy Risks Arising Out of Remote Work Arrangements,” Law360, August 15, 2022.
Events
Speaking Engagements
Speaker, “Artificial Intelligence: Regulatory and Legal Trends,” The Artificial IntelligenceSymposium, The University of Illinois Chicago, September 19, 2024.
Moderator, “Cybersecurity Tabletop Exercise,” The Masters Conference, September 12, 2024.
Speaker, “Privacy, Cyber, and Ethical Challenges of Data Governance,” UT Law CLE: 37th AnnualTechnology Law Conference, May 23-24, 2024.
Speaker, “Notable Trends in US Privacy Law,” Lexology, January 19, 2024.
Speaker, “Artificial Intelligence: Case Law, Current Legal Practices and Business Impacts,” 67th Annual IP, Information & Privacy Law Conference, November 10, 2023.
Speaker, “US Regulatory & Litigation Update,” NetDiligence Cyber Risk Summit, October 18, 2023.
Speaker, “Privacy and Cyber Exposures from the Collection of Information,” AIRROC: Summer Membership Meeting, July 19-20, 2023.
Speaker, “What In-House Should Know About BIPA: Illinois’ Biometric Data Law,” Locke Lord,March 9, 2023.
Speaker, “Legal Basics for Entrepreneurs,” Coleman Entrepreneurship Center, DePaul University:Legal Workshop, February 23, 2023.
Speaker, “BIPA – The Familiar Face of Biometric Data Regulation,” The Insurance Forum,November 2, 2022.
Speaker, “BIAP – A Four-Letter Word Triggering Nine-Figure Nightmare Settlements,” APCIANational General Counsel Conference, October 27-28, 2022.
Speaker, “Recovery Isn’t (Just) About Notification: Practical Advice for Remaining Focused onYour Business,” CyberCrime Symposium, October 14, 2022.