Daniel J. Buller

Daniel J. Buller

Partner

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 represents individuals and organizations in areas including product liability, cybersecurity, water law, oil & gas litigation, and complex business litigation. His practice also includes representing clients in complex appellate matters before the Kansas Court of Appeals, the Kansas Supreme Court, the Tenth Circuit Court of Appeals, and the United States Supreme Court.   

Daniel is passionate about providing high-quality legal services to all firm clients. This includes integrating state-of-the-art technologies into his daily legal practice. With years of professional background and training in technology, he is well-suited to that task, having published several articles and frequently lecturing on the emerging areas of cybersecurity law, cloud computing, and technology issues in the legal sphere. Daniel also co-authors the Kansas Section of the annual Tort Law Desk Reference published by Wolters Kluwer, a widely used guide for legal practitioners across the nation.

Daniel graduated magna cum laude with a degree in philosophy from Wichita State University before enrolling at the University of Kansas School of Law. In law school, he served as Managing Editor of the Kansas Law Review and graduated Order of the Coif. During law school, Daniel was presented with the Faculty Award for Outstanding Scholastic Achievement among numerous other individual academic honors. Since joining Foulston Siefkin, Daniel has been selected by his peers as a Missouri & Kansas Super Lawyers® Rising Star.

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, magna cum laude, 2007)

Admissions

  • U.S. Supreme Court (2017)
  • U.S. Court of Appeals for the Tenth Circuit (2012)
  • U.S. District Court for the District of Kansas (2011)
  • Kansas (2011)
Community Involvement
  • Mental Health Association of South Central Kansas, Past Board of Directors
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, 2015-2018 (a Thomson Reuters business)
  • 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

2018

  • Cybersecurity Ethical Issues, Co-Presenter (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)

2017

  • Cybersecurity Ethical Issues, Co-Presenter (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)
  • Roundup of Current Ethics Issues and Cases, Co-Presenter (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)
  • 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 LLP, 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

2018

  • Tort Law Desk Reference: A Fifty-State Compendium (2018 ed.,), Co-Author, Kansas Section
    - Wolters Kluwer

2017

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

2011

2010

2009

Buller