Experience
Todd R. Kinnear is a trial attorney who has broad and extensive experience advising and representing companies and corporate officers, directors and other individuals in complex business and employment-related disputes. He represents clients before state, federal and appellate courts, and in a variety of arbitration and administrative forums. Mr. Kinnear has litigated a wide range of cases involving unfair competition and business practices, employment-related claims, breach of fiduciary duty, fraud and breach of contract, as well as other business-related torts.
His clients vary from individuals and small businesses to publicly-held Fortune 500 companies. They include Reliant Energy, the San Diego Chargers, Bayer Corporation, Victoria’s Secret Stores, Inc., Bath & Body Works, Inc., The Limited Stores, Inc., and Pier 1 Imports.
Mr. Kinnear graduated from the University of San Diego School of Law in 2000, magna cum laude, after having served as an editor on its Law Review (Vol. 37).
Notable Engagements
- StudioOne™ Safety and Risk Management Network, Employment Law Podcast (2022)
- In re Cipro Cases I and II, 61 Cal.4th 116 (2015), published case
- Luce, Forward v. Paul Koch et al., 162 Cal.App.4th 720 (2008), published case
- Genzler v. Longanbach, 410 F.3d 630 (9th Cir. 2005) (cert denied 546 U.S. 1031), published case
- In re Cipro Cases I and II, 121 Cal.App.4th 402 (2004), published case
- Natural Gas Anti-Trust Cases I, II, III and IV (J.C.C.P. Case Nos. 4221, 4224, 4226 and 4228); Wholesale Electricity Antitrust Cases I and II (JCCP Nos. 4204, 4205) – Defended Reliant Energy Inc. and related entities in unfair competition and antitrust class action suits claiming energy companies manipulated the price of natural gas and electricity in California.
- Lead defense counsel in J.C. Towing, Inc. v. RoadOne West, Inc. (San Diego County Superior Court, Case No. 37-2007-00071766) – Plaintiff alleged client illegally performed government contract for police tows; Court granted summary judgment in client’s favor.
- Lead plaintiff counsel in Jerome Fosselman v. James Tilton and Victor Almalgar, et al. (United States District Court, Southern District of California, Case No. 07-1676 IEG) – Pro bono lawsuit brought on behalf of inmate alleging civil rights violations from substandard medical care; three-day jury trial.
- Represented the San Diego Chargers in Kells Christian v. Chargers Football Company, LLC (San Diego County Superior Court, Case No. 37-2007-00068721-CU-BC-CTL) – Putative class action involving breach of contract, unjust enrichment, conversion, and violations of California unfair competition law; settlement consisted of no payment to putative class members.
- In Re: Coordinated Gift Card II Litigation (J.C.C.P. Case No. 4362) – Represented Victoria’s Secret, Stores, Inc., Bath & Body Works, Inc., The Limited Stores, Inc., and Pier 1, Imports (U.S.A.), Inc. in coordinated class action suits alleging defendants violated California law by refusing to replace lost, stolen or destroyed gift cards or permit cash redemption; settled with no payment to class members.
- Lead counsel in Luce, Forward, Hamilton & Scripps, LLP v. Mariner Asset Management, Inc., (JAMS Reference No. 1240019970) – Collection action on behalf of law firm against former client who raised numerous allegations of malpractice, breach of contract, and overbilling; four-day arbitration resulted in complete victory for client.
- Paul Anthony Ghizzone v. Toyota Motor Sales, U.S.A., Inc. (San Diego County Superior Court, Case No. GIC 865970) – Putative class action alleging Toyota’s Prius automobile posed an unreasonable risk because it was too quiet; dismissed in client’s favor by way of motion at pleading stage.
Recognition
- AV Preeminent Rated, Martindale-Hubbell
- Top Lawyer, San Diego Magazine, 2014-2019
- Distinguished Service Award, San Diego Volunteer Lawyer Program, 2010
- Order of the Coif
- Phi Beta Kappa and Golden Key Honor Societies Member
Education
- J.D., University of San Diego School of Law, 2000, magna cum laude
