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Overview

David leads clients through complex litigation, privacy and cybersecurity matters, adapting to ever-changing laws to solve difficult client matters.

David focuses on complex business and commercial litigation in state and federal courts involving data security and privacy, product liability and business disputes. David has tried numerous cases in state and federal courts across the country securing favorable jury verdicts for clients.

In his privacy and data security practice, David regularly assists clients in preparing for and responding to data security incidents, including managing multi-state breach notifications. He also regularly counsels clients on complying with existing and emerging privacy and information security laws, including the European Union’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act of 2018 (CCPA) and state information security statutes.

In his product liability practice, he has provided counseling services and defended cases for manufacturers of various products, including tires, food items and cleaning products. He has successfully tried cases involving both individual claims and class actions.

David's combination of trial experience and cybersecurity knowledge uniquely qualifies him to represent clients in litigation involving data security and privacy issues. He has handled numerous disputes involving complex information security issues, including wire fraud transfer schemes and data breach litigation. His combination of product liability, cybersecurity and privacy experience allows him to bring distinct value to device manufacturers in the Internet of Things (IoT) industry.

In 2018, he assisted in drafting Colorado’s cybersecurity legislation, serving as the outside subject-matter expert for the Colorado Attorney General’s office. Stauss is a frequent author and speaker on privacy and cybersecurity, quoted in numerous publications, including the Wall Street Journal, Cybersecurity Law Report, Law360, Law Week Colorado, Denver Business Journal and Law Technology News.

David is certified as a Fellow of Information Privacy (FIP) by the International Association of Privacy Professionals (IAPP), a designation signifying comprehensive knowledge of privacy and data protection laws. He also has been certified by the IAPP as a Certified Information Privacy Professional in the laws of the United States (CIPP/US) and as a Certified Information Privacy Technologist (CIPT).

California Consumer Privacy Act
A practical guide to help navigate the CCPA 

Industries

Services

Recognition

  • ColoradoBIZ magazine, “Top 25 Most Influential Young Professional" 2018
  • The Legal 500, Dispute Resolution – product liability, mass tort and class action: automotive/transport, 2016-2018
  • Certified Information Privacy Professional/United States
  • Certified Information Privacy Technologist
  • Fellow of Information Privacy

Education

  • J.D., Rutgers University School of Law-Camden
    • with highest honors
    • Editor-in-Chief, Rutgers Law Journal
  • B.A., American University
    • cum laude
    • Golden Key National Honor Society
    • Alpha Lambda Delta National Honor Society, president

Admissions

  • Colorado
  • New Jersey
  • Pennsylvania
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania

Professional Associations and Memberships

  • International Association of Privacy Professionals

Clerkships

  • Hon. James R. Zazzali, New Jersey Supreme Court
Experience

Privacy and Cybersecurity Experience

  • Represented client in data breach class action and secured favorable settlement.
  • Performed GDPR compliance projects for numerous clients.
  • Provided counsel to numerous clients regarding California Consumer Privacy Act compliance issues.
  • Conducted internal due diligence review of multiple companies, analyzing all aspects of privacy and cybersecurity programs and compliance.
  • Advised client in emergency response to cybersecurity incident involving unlawful access of third-party database by former employee, including advising client on performing privileged investigation, notifying law enforcement, retaining forensic investigator and filing data breach lawsuit against former employee.
  • Assisted client in responding to allegation that client had been victim of email phishing scam resulting in vendor purportedly wiring funds to incorrect account.
  • Advised client in incident involving allegation that internal technology staff had improperly accessed employee emails.
  • Regularly performed breach notification analyses for clients.

Litigation and Trial Experience

  • Secured defense verdict in product liability certified class action.
  • Represented multiple tire manufacturers in product liability matters.
  • Defended major oil refinery in all Colorado matters involving product liability, landowner liability and personal injury claims.
  • Represented product manufacturer in litigation involving allegedly defective hose.
  • Represented Colorado company in shareholder dispute and litigation.
  • Successfully defended product manufacturer in federal jury trial involving certified state class of homeowners.
  • Secured favorable jury verdict for landowner in federal jury trial involving premises liability claim.
  • Conducted trial in Delaware federal court concerning landowner liability.
  • Represented mutual fund in jury trial held in Los Angeles County Superior Court concerning dissolution of joint venture partnership.
  • Represented oil refinery as lead counsel in product liability trial in Denver County Court.
  • Represented oil refinery in wrongful death action in Pennsylvania federal court.
Thought Leadership
Articles
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News Releases
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Speaking Engagements
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Outside the Office

David is a recreational runner, entering half marathons and other community races (and running them at incredibly slow times).

California Consumer Privacy Act

In 2018, California enacted a first-in-the-nation privacy law entitled the “California Consumer Privacy Act of 2018” (CCPA). The CCPA grants California residents significant privacy rights and creates substantial penalties for noncompliance.

David steadfastly followed the CCPA from its inception as a state ballot measure. His interest in the statute – and its expected impact on the future of privacy law in the United States – has led him to write and speak frequently on the law as well as counsel numerous clients on its requirements.

More information on the topic can be found in this white paper.