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Todd Hinnen is a partner with the firm's Privacy & Security practice. He counsels clients and represents them in litigation regarding privacy, data security, compliance with law enforcement and national security issues. He works closely with the Department of Justice and the Intelligence Community.
National Security
Todd has been a leader in the development, implementation, and enforcement of national security law and policy for a decade. He served as Director for Combating Terrorism at the National Security Council. He led the Department of Justice's National Security Division. He has provided legal advice and counsel to the departments and agencies in the U.S. Intelligence Community. He has represented the U.S. government before the FISA Court and in national security delegations to Algeria, Colombia, Egypt, Pakistan, Yemen and countries throughout Europe. He has been the signatory for the Department of Justice on matters before the Committee on Foreign Investment in the United States. He has testified before Congress in both open and closed sessions, delivered lectures and keynote speeches, published book chapters and articles, and been interviewed and quoted by national news media on the topic. Todd now counsels companies regarding how to establish subsidiaries to do business with the US government and mitigate Foreign Ownership, Control or Influence (FOCI), comply with U.S. export control laws like the International Traffic in Arms Regulations (ITAR) and national security laws and how to protect themselves while working with U.S. intelligence agencies. Todd has also published practical guidance for companies regarding the scope and applicability of the CFIUS regime and currently represents companies before Committee.
Prior to joining Perkins Coie, Todd was the Acting Assistant Attorney General for National Security at the U.S. Department of Justice (DOJ). While in office, he led an office of 320 attorneys responsible for overseeing the DOJ’s nationwide counterterrorism, counterespionage and export control programs. In that capacity, he represented the United States before the Foreign Intelligence Surveillance (FISA) Court and on the Committee on Foreign Investment in the United States (CFIUS); supervised oversight and compliance programs at law enforcement, intelligence and national security agencies; and testified before Congress on numerous occasions in both open and classified hearings.
Todd also served as Deputy Assistant Attorney General in the National Security Division in charge of the Division’s Internet and cybersecurity, appellate, terrorist financing, and international outreach and capacity building practices. He previously served as Chief Counsel to then-Senator Joseph R. Biden, Jr. and Staff Director of the Senate Judiciary Committee’s Subcommittee on Crime and Drugs. Todd counseled Senator Biden and assisted him in drafting legislation relating to the Internet, intellectual property, criminal justice policy and national security.
Todd also served under President George W. Bush as a Director in the National Security Council’s Directorate for Combating Terrorism. He began his career in government as a prosecutor in DOJ’s Computer Crime & Intellectual Property Section (CCIPS). During his tenure with CCIPS, Todd was the Rapporteur of the G8 Subgroup on High-Tech Crime and the head of the U.S. delegation to the Organization of American States Cybercrime Experts Group.
Privacy
Todd has counseled companies on the full range of privacy issues faced by businesses. His clients have ranged from small startups to Fortune 500 companies in businesses as diverse as telecommunications, Internet services, cloud computing services, interactive gaming, defense contracting and retail sales. Todd has also spoken at privacy conferences around the country. He is a recognized authority in the privacy issues relating to companies' collection, use, storage, protection, sharing, and disposal of personal and other types of regulated information. Todd also counsels companies regarding international data transfer laws such as the U.S.-EU Safe Harbor Framework. Todd also represents companies in privacy-related litigation.
Data Security
Todd has been a leader in the field of cybercrime and cybersecurity for more than a decade. He has published numerous articles and spoken to audiences across the country about cybersecurity. He counsels companies regarding the development and implementation of cybersecurity and network incident response plans, compliance with regulations and industry standards regarding network security, and breach response and customer notification. Todd's clients in this area include telecommunications and Internet companies, defense contractors, energy companies, global logistics companies, and companies complying with the Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules.
Litigation & Appellate Advocacy
Todd has more than 15 years of experience as a litigator and appellate advocate in both civil and criminal cases before state and federal courts. Todd is currently defending Google in multi-party class action litigation captioned Klayman v. Obama. Most recently he prevailed on behalf of CTIA-The Wireless Association in litigation in federal district court declaring unconstitutional and enjoining enforcement of a statute requiring wireless telephone carriers to provide information regarding all of their customers and subscribers to a government registry. He recently argued on behalf of CTIA in the government's appeal to the U.S. Court of Appeals for the First Circuit. He has also successfully moved on behalf of Internet service providers to quash or modify subpoenas, court orders and search warrants. Todd's litigation experience also includes the trial of several criminal cases, representation of a construction company in federal court in a government contract dispute, and representation of a software developer in a contractual and licensing dispute before the American Arbitration Association and a federal trial and appellate court.
Todd's appellate advocacy experience also includes supervising the Department of Justice's National Security Appellate Unit and briefing a wide variety of civil and criminal matters to the First, Fourth, Fifth, Seventh, Ninth, and Eleventh Circuits and the U.S. Supreme Court. Most recently, Todd filed a Supreme Court amicus brief defending the privacy of U.S. Armed Forces Veterans in Maryland v. King.
Compliance With Law Enforcement
Todd began his career in government counseling federal and state investigators how to lawfully obtain evidence from telephone carriers, Internet service providers, other communications service providers, and remote storage and computing providers using the Wiretap Act, Pen Register/Trap and Trace laws and the Stored Communications Act. He investigated and prosecuted violations involving credit card phishing, wire and online fraud, telephone harassment, the Computer Fraud & Abuse Act, money laundering, interfering with the right to vote and providing material support to terrorists. He was the first prosecutor in the country to present the testimony of a computer forensics expert witness while the witness conducted a forensic examination before the jury. He has taught a Computer Crimes course at American University's Washington College of Law and lectured at law schools on related topics around the country. Todd now counsels clients, ranging from emerging technology companies to the nation's largest telecommunications and Internet companies, regarding how to lawfully comply with law enforcement processes while protecting their customers' privacy.
Professional Recognition
- Listed in Thomson Reuters “Stand-out Lawyers,” 2024
- Named among BTI Client Service All-Stars, 2019
Related Employment
- Obama-Biden Presidential Transition, Justice & Civil Rights Team, 2008 - 2009
- American University Law School, Washington, D.C., Adjunct Professor, 2004 - 2008
- Davis Wright Tremaine, Litigation Associate, Seattle, WA, 1997 - 2000
Clerkships
- Hon. Richard C. Tallman, U.S. Court of Appeals for the Ninth Circuit
