Daniel J. Buller

Daniel J. Buller

Associate

Kansas City

32 Corporate Woods
9225 Indian Creek Pkwy #600
Overland Park, KS 66210

T: 913.253.2179
F: 866.347.9613

dbuller@foulston.com

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Profile

Daniel practices in the areas of commercial litigation, natural resources litigation, and cybersecurity, and has experience in product liability, water law, oil & gas, and complex business litigation matters. With years of professional background and training in technology, Daniel has also published several articles and lectured on emerging legal issues in cyber law and cloud computing. Daniel attended Wichita State University, graduating magna cum laude with a degree in philosophy, before enrolling at the University of Kansas School of Law. In law school, Daniel served as Managing Editor of the Kansas Law Review. Daniel graduated from KU Law Order of the Coif and was presented with the Faculty Award for Outstanding Scholastic Achievement among numerous other individual academic honors. Mr. Buller has been selected by his peers for inclusion in the Missouri & Kansas Super Lawyers® Rising Star list.

Education

  • University of Kansas (J.D., 2011)
    Order of the Coif; Managing Editor - Kansas Law Review; Moot Court Excellence in Appellate Advocacy, Finalist; Faculty Award for Outstanding Scholastic Achievement; Bar Plan Foundation Scholarship Award; Faculty-Selected Awards in Oil & Gas Law and Trial Advocacy; CALI Excellence for the future award in Water Law
  • Wichita State University (BA in Philosophy, 2007)
    magna cum laude

Admissions

  • U.S. Court of Appeals for the Tenth Circuit (2012)
  • U.S. District Court for the District of Kansas (2011)
  • Kansas (2011)
Relevant Experience

Daniel has experience across a number of practice areas, including complex commercial litigation, water law, cybersecurity law, product liability law, and oil and gas litigation. Some representative matters include:

  • Obtained early dismissal of a class action data breach lawsuit alleging disclosure of personally identifiable and sensitive information.
  • Experience counseling clients on data-security obligations and risk mitigation both before and after a breach.
  • Obtained dismissal of a Kansas Watershed District and its board members in a multiyear water rights and breach-of-contract lawsuit. Kickapoo Tribe of Indians v. Nemaha Brown Watershed Joint Dist. No. 7, 2012 U.S. Dist. LEXIS 72076 (D. Kan. May 24, 2012); 2013 U.S. Dist. LEXIS 178649 (D. Kan. Dec. 20, 2013).
  • In a complex business litigation lawsuit, won an early motion to dismiss claims involving aerospace engineering, design, and scope of work.
  • Experience representing water-right holders acquire new water rights and preserve and change existing water rights in administrative and litigation matters, including the facilitation of transactions where water and environmental issues are of concern.
  • Assisted with successful challenge and appeal of the Kansas Division of Water Resource’s longstanding practice of retaining jurisdiction to make reductions in the rate and quantity of a permitted water right. Clawson v. State, 49 Kan. App. 2d 789, 315 P.3d 896 (2013).
  • Successfully defended the validity of oil and gas leases under the documents’ force majeure provisions in a multi-year federal condemnation action. N. Natural Gas Co. v. Approximately 9,117 Acres in Pratt, 2015 U.S. Dist. LEXIS 88228 (D. Kan. July 8, 2015).
  • Experience in cyber law and e-discovery, including successfully opposing plaintiff’s motion to compel production of forensic images of our clients’ hard drives. Kickapoo Tribe of Indians v. Nemaha Brown Watershed Joint Dist. No. 7, 294 F.R.D. 610 (D. Kan. 2013).
  • Won summary judgment and successfully defended on appeal a breach of contract and premises liability lawsuit. Abraham v. Paramount Antique Mall, LLC, 337 P.3d 73 (Kan. Ct. App. 2014).
  • Analyze and litigate complex contractual disputes for a world-leading, first-tier aerostructures designer and manufacturer.
  • Trial victory in a property ownership and title dispute, resulting in recovery of real property by our client.
  • Won early dismissal of a foreign tire manufacturer in a product-liability case based on minimum-contacts defense.
Professional Memberships, Affiliations, and Honors
  • Sedona Conference Working Group on Data Security and Privacy Liability, Member
  • Selected by peers for inclusion in Missouri & Kansas Super Lawyers® List, Rising Star, 2015-2016 (a Thomson Reuters businesss)
  • Kansas Bar Association
  • Kansas City Metropolitan Bar Association
  • Johnson County Bar Association
  • Wichita Bar Association - Chair of the Technology Committee, 2015-2016
  • Kansas Association of Defense Counsel
  • Defense Research Institute
Presentations

2017

  • Kansas Water Law and Impairment Claims (Southcentral Kansas Water Summit)
  • Cybersecurity: The Evolving Threat and Legal Landscape (Kansas Bar Association, Annual "Slam Dunk" CLE)

2016

  • Cyber Risks: Tips, Trends and Pitfalls ("IMA University" presenter and panelist)
  • Cybersecurity: Preparing for and Responding to a Cyber Attack (Wichita Rotary Club)

2015

  • Addressing and Mitigating Your Company’s Cyber Liability (Foulston Siefkin, Senior Technology Conference: Cybersecurity)
  • Technology Issues Relating to End-of-Practice Ethics (Wichita Bar Associations, “The End-of-Practice: Ethics and Examples” CLE)

2014

  • Kansas Water Law: An Overview (Southwestern Kansas Bar Association, Annual Meeting CLE)

2013

  • Cloud Computing and the Law: Yesterday, Today, and Tomorrow (Wichita Bar Association, “Technology and the Law” CLE)

2012

  • Cloud Computing: Benefits and Legal Risks (Kansas Paralegal Association Annual Meeting)
Publications

2017

  • Tort Law Desk Reference: A Fifty-State Compendium (2017 ed.,), Co-Author, Kansas Section
    - Wolters Kluwer

2011

2010

2009