David Stauss
David Stauss

David M. Stauss

Partner

staussd@ballardspahr.com
Tel 303.299.7363
Fax 303.296.3956
Denver

David M. Stauss focuses on complex business and commercial litigation in state and federal courts. He handles all aspects of litigation on a wide range of substantive matters for clients, including product liability, landowner liability, and commercial lending.

Mr. Stauss is head of the Denver office's privacy and cybersecurity practice group. He advises clients on regulatory and statutory compliance issues, third-party vendor management policies and contractual provisions, cyber liability insurance retention and coverage analysis, information security controls, incident response policies and plans, and data breach response. He is a Certified Information Privacy Professional/United States (CIPP/US). He is a frequent author and presenter on privacy and cybersecurity and has been quoted in numerous publications, including the Cybersecurity Law Report, Law Week Colorado, the Denver Business Journal, and Law Technology News.

Representative Litigation Matters

  • Secured defense verdict in product liability certified class action
  • Represents 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

Trial Experience

  • Successfully defended a product manufacturer in two-week federal jury trial involving certified state class of homeowners
  • Secured favorable jury verdict for a landowner in one-week federal jury trial involving premises liability claim
  • Conducted two-week trial in Delaware federal court concerning landowner liability
  • Represented a mutual fund in a four-week jury trial held in Los Angeles County Superior Court concerning dissolution of joint venture partnership; responsibilities included direct examination of witness, preparation of witnesses for direct- and cross-examination, participation in jury selection, and serving as lead attorney in jury instruction arguments
  • Represented an oil refinery as lead counsel in a product liability trial in Denver County Court 
  • Represented an oil refinery in a wrongful death action in Pennsylvania federal court
  • Completed a nine-week program with Denver City Attorney's office, which included trying 13 bench and jury trials

Representative Cybersecurity Matters

  • 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 the victim of an email phishing scam resulting in vendor purportedly wiring funds to incorrect account
  • Advised client in an incident involving allegation that internal technology staff had improperly accessed employee emails
  • Regularly perform breach notification analyses for clients

Judicial Clerkships

Hon. James R. Zazzali, New Jersey Supreme Court





Publications

Co-author, "Uber Settles FTC Dispute Over Consumer Data Privacy and Security Allegations," Ballard Spahr alert, August 18, 2017

Co-author, "Delaware Amends Data Breach Statute," Ballard Spahr alert, August 17, 2017

Co-author, "Maryland Amends Data Breach Notification Law," Ballard Spahr alert, August 3, 2017  

Co-author, "D.C. Circuit Reverses Data Breach Class Action Dismissal on Standing Grounds," Ballard Spahr alert, August 2, 2017  

Co-author, "Nevada Becomes the Third State to Enact Website Privacy Notification Law," Ballard Spahr alert, August 1, 2017  

Co-author, "Colorado District Court Dismisses Data Breach Class Action Against Noodles & Company," Ballard Spahr alert, July 26, 2017  

Co-author, "NYDFS Updates FAQs to Clarify Cybersecurity Regulations," Ballard Spahr alert, July 14, 2017

"Flooring It into the Future with Self-Driving Cars," ColoradoBiz Magazine, July 13, 2017 

Co-author, "Ponemon Institute Study on Costs of Data Breaches Highlights Improvement and New Risks for U.S. and Global Companies," Ballard Spahr alert, June 28, 2017

Co-author, "FTC Submits Comment To Aid NTIA In Developing Internet of Things Guidance," Ballard Spahr alert, June 21, 2017  

Co-author, "Autonomous Cars One Step Closer to Reality in Colorado," Ballard Spahr alert, June 19, 2017

Co-author, "Colorado Division of Securities Publishes Final Cybersecurity Rules," Ballard Spahr alert, May 23, 2017

Co-author, "SEC Emphasizes Cybersecurity Preparedness in Wake of Global Ransomware Attack," Ballard Spahr alert, May 18, 2017

Co-author, "Colorado Proposes Cybersecurity Rules for Investment Advisers, Broker-Dealers," Ballard Spahr alert, April 26, 2017 

Co-author, "New Mexico Becomes 48th State to Enact Data Breach Notification Law," Ballard Spahr alert, April 19, 2017

Co-author, "Overview of the Association of Corporate Counsel Model Information Protection and Security Controls for Outside Counsel Possessing Company Confidential Information," Ballard Spahr memo, April 2017

Co-author, "Ninth Circuit to Decide Key TCPA Insurance Issue," Ballard Spahr alert, February 22, 2017 

Co-author, "Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action," Ballard Spahr alert, February 2, 2017

Co-author, "IRS and Others Renew Warnings About Fraudulent Emails Targeting Employee Tax Information," Ballard Spahr alert, January 30, 2017

Co-author, "Colorado Supreme Court Limits Jurisdiction Over Manufacturers," Ballard Spahr alert, September 20, 2016

Co-author, "Fending Off and Fighting Cybercriminals," Law Week Colorado, September 12, 2016

"Colorado Law Protects Student Information, Boosts Cybersecurity Resource," Ballard Spahr alert, June 13, 2016

"New Jersey Courts Begin to Address Challenges to the Prescription Drug Accutane—Some Early Decisions," Product Liability and Toxic Tort Law Section Newsletter, Volume 8, No. 1, March 2007

Co-author, "A Review of Some Recent Product Liability Cases from 2005 & 2006," Product Liability and Toxic Tort Law Section Newsletter, Volume 8, No. 1, March 2007

"The New Jersey Appellate Division Extends Medical-Monitoring Cause of Action to Pharmaceutical Product Liability Suits," Ballard Spahr Product Liability and Mass Tort alert, January 31, 2007

Co-author, "Fifty State Construction Lien and Bond Law—Pennsylvania Cumulative Supplement (2008 & 2009)," published by Wolters Kluwer Law & Business

Co-author, "A Tribute to Chief Justice James R. Zazzali: More Than a 'Caretaker,'" 59 Rutgers Law Review 667, 2007

"The New Jersey Supreme Court Dismisses Out-of-State Plaintiff’s Product Liability Action Based on Choice of Law Principles," Product Liability and Toxic Tort Law Section Newsletter, Volume 9, No. 1, January 2008

Speaking Engagements

"Managing Cybersecurity Risk Through Insurance Coverage," Denver, July 27, 2017 

"Data Breach Litigation: Case Law Update," Webinar, March 1, 2017

"Social Media in Litigation and the Workplace," Denver, May 12, 2016

"Cybersecurity Seminar – Best Practices for Preparing for and Responding to Data Breaches," Denver, April 7, 2016

"Lessons Learned: Best Practices for General Counsel and In-House Attorneys from the ACC Foundation Cybersecurity Report," Denver, March 9-10, 2016

Recognitions & Accomplishments

The Legal 500, Dispute Resolution - Product Liability, Mass Tort and Class Action: Automotive/Transport, 2016-2017

Certified Information Privacy Professional/United States 


















Rutgers, The State University of New Jersey School of Law-Camden (J.D. 2005, with highest honors)
Editor-in-Chief, Rutgers Law Journal

American University (B.A. 2001, cum laude)
Member, Golden Key National Honor Society; President, Alpha Lambda Delta National Honor Society

Colorado

New Jersey

Pennsylvania

U.S. District Court for the District of Colorado

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania