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, involving product liability, data security and privacy, and business disputes. David is head of the privacy and cybersecurity practices in the Denver and Boulder offices, and leads the Consumer Products section of the firm's Manufacturing Group.

David has tried numerous cases in state and federal courts across the country securing favorable jury verdicts for his clients.

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.

In his privacy and data security practice, David regularly assists clients in preparing for and responding to data breaches and data security incidents. He has aided clients in preparing for data breaches by drafting incident response plans and conducting table top exercises. He has counseled numerous clients in responding to data breaches, including managing multi-state breach notifications, appearing before regulators, and providing employee training.

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 disputes involving complex information security issues, and assisted in recovering funds lost in illegal wire fraud phishing schemes by filing lawsuits to freeze the fraudulent bank accounts.

He is accredited by the International Association of Privacy Professionals as a Certified Information Privacy Professional/United States (CIPP/US) and as a Certified Information Privacy Technologist (CIPT).

David is an avid 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. He is also a frequent contributor to CyberAdviser, a blog focused on the latest news and developments in privacy and cybersecurity law.

David co-authored the Colorado Privacy & Cybersecurity Handbook in 2017, a book dedicated to summarizing and explaining Colorado's evolving privacy and cybersecurity statutes, regulations, and case law and providing attorneys, privacy officers, lawmakers, and decision-makers with a single reference to the many different sources that make up Colorado privacy and cybersecurity law.

He was named a "Top 25 Most Influential Young Professional" by ColoradoBIZ magazine in 2018.

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

Books

Colorado Privacy & Cybersecurity Handbook, September 2017

Publications

Co-author, "California Voters Likely to Consider Enacting GDPR-Like Privacy Law in November," Ballard Spahr alert, June 5, 2018

Co-author, "Colorado Enacts Groundbreaking Privacy and Cybersecurity Legislation," Ballard Spahr alert, May 30, 2018

Co-author, "Arizona Strengthens and Expands Data Breach Notification Law," Ballard Spahr alert, April 17, 2018

Co-author, "CPSC Explores Safety Hazards in 'Internet of Things' Products," Ballard Spahr alert, April 11, 2018

Co-author, "What Arizona Companies Need to Know About Arizona Cybersecurity Law," Ballard Spahr alert, March 21, 2018

Co-author, "Oregon, New York, Alabama, and Rhode Island Join List of States Considering Data Breach Legislation Post-Equifax," Ballard Spahr alert, March 2, 2018

Co-author, "What New Mexico Companies Need to Know to Respond to a Data Breach," Ballard Spahr alert, February 21, 2018

Co-author, "Update on Colorado's Proposed Privacy and Cybersecurity Legislation," Ballard Spahr alert, February 16, 2018 

Co-author, "What New Mexico Companies Need to Know About the State's Cybersecurity Law," February 13, 2018

Co-author, "Colorado Legislature Considers Sweeping Privacy and Cybersecurity Legislation," Ballard Spahr alert, January 22, 2018

Co-author, "What Utah Companies Need to Know About Utah Cybersecurity Law," Utah Business, January 17, 2018

Co-author, "How To Comply with the Colorado Division of Securities Cybersecurity Rules," January 17, 2018

Co-author, "Arizona Legislature Considers Strengthening Data Breach Notification Law," Ballard Spahr alert, January 16, 2018

Co-author, "What Colorado Companies Need to Know to Respond to a Data Breach," January 12, 2018

Co-author, "Washington A.G. Sues Uber in First Enforcement Action Under Revised Data Breach Law," Ballard Spahr alert, November 29, 2017

Co-author, "Worldwide Group of Data Privacy Regulators Issues Guidance on Connected-Car Technologies," Ballard Spahr alert, October 2, 2017

Co-author, "Eighth Circuit Issues Two Class Action Data Breach Rulings," Ballard Spahr alert, September 1, 2017 

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

Speaker, "Colorado Enacts Groundbreaking Privacy and Cybersecurity Legislation," Ballard Spahr webinar, June 4, 2018 

"Business Ramifications of Proposed State and Federal Cybersecurity Legislation," Rocky Mountain Information Security Conference, Denver, May 10, 2018 

Speaker, "Scope of Arizona's Defined Data Breach Notification Law Expands With New Legislation," Ballard Spahr webinar, April 25, 2018

"Social Media in the Workplace," Seventh Annual Salt Lake City Fall Employment Law Seminar, November 1, 2017 

"Colorado Privacy & Cybersecurity Law: Recent Changes and What to Expect in the Future," Colorado Cybersecurity Summit, Denver, October 2017 

"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

Podcasts

"Autonomous Vehicles," Law Week Colorado's HearSay Podcast, September 11, 2017

Recognitions & Accomplishments

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

Certified Information Privacy Professional/United States

Certified Information Privacy Technologist

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