Overview
David P. Saunders (CIPP/US, CIPM) is an experienced litigator who focuses his practice on privacy and cybersecurity matters. David helps clients through the life cycle of their data privacy needs. He helps them mitigate and manage risks related to data privacy and cybersecurity by assisting their government affairs teams with the development of new privacy legislation, their legal and compliance teams through the implementation of privacy programs, and their litigation teams through regulatory investigations and civil class action litigations.
David works collaboratively with clients ranging from small businesses to multinational Fortune 100 companies and PE funds and their portfolio companies. He uses a keen understanding of their data practices to advise on the myriad of issues that arise in today’s digital world.
David has experience in all aspects of privacy program implementation from conducting risk assessments and drafting privacy policies to planning around cross-border data transfers, and negotiating vendor agreements. He regularly counsels on GDPR, GLBA, CCPA, TCPA, CAN-SPAM, and the growing list of state law privacy laws and regulations, including engaging with key rulemakers at the state level to advance clients’ interests. David also regularly performs due diligence for corporate transactions. He is also there for his clients in their most difficult times, having navigated data breaches, and successfully resolving both regulatory investigations and class action litigations related to corporate privacy practices.
David has worked with a number of state attorney general’s offices and federal regulators, and advocated on behalf of clients in the telecommunications, consulting and financial services sectors whether in response to routine inquiries or in response to reported data incidents. His work also includes collaborating with clients to provide testimony and comment on existing and planned data privacy legislation at the state and federal levels.
David maintains an active pro bono practice, having represented inmates in various actions in state and federal courts, and providing privacy program development, counseling and training to non-profits.
Results
- Represented companies in consumer class actions brought pursuant to the Illinois Biometric Information Privacy Act
- Represented a major health care company in a consumer class action in the wake of publicly announced data breach
- Represented a mortgage originator in numerous federal and state courts in a series of cases involving in mortgage-backed securities, including taking a billion-dollar claim to trial*
- Represented technology, health care and clients across a broad spectrum in multi-national data incident response
- Counseled a major energy company with respect to its CCPA readiness and general privacy compliance programs
- Counseled a major telecommunications company with respect to its CCPA, and state law privacy compliance programs
- Worked with a major university on its GDPR compliance programs
- Counseled medical technology companies on the cross-border transfer of personal data around the globe
- Worked with clients in the health care, life sciences, human resources, and telecom arenas develop privacy and compliance programs
- Represented genetic research company in its acquisition of medical records company, and helped develop data transfer agreements between corporate entities
- Conducted privacy and cyber due diligence for private equity companies in their acquisition and sales of data analytic, medical research, healthcare, and media companies
- Represented startup online education clients develop privacy policies and compliance programs
- Represented startup drone delivery service in development of its HIPAA and privacy programs
*Matter handled prior to joining McDermott.
Recognitions
Community
- International Association of Privacy Professionals, member
- Sargent Shriver National Center on Poverty Law, Development Committee, member, 2018 to present
- Seventh Circuit Bar Association Board of Governors, Second Vice President (2022 to present), treasurer (2021 to 2022); member (2017 to 2021)
- Illinois State Bar Association, Privacy and Information Security Law Committee, vice-chair (2017 to 2019); chair (2019 to 2020); member (2020 to present)
- Cabrini Green Legal Aid, director (2012 to 2019); chair (2015 to 2017)
- Leadership Greater Chicago, fellow, 2018 Class
- St. Chrysostom’s Episcopal Church, vestry member, 2019 to 2022
- University of Virginia School of Law Alumni Council, member, 2017 to 2020, Second Vice President, 2021 to present
Credentials
Education
University of Virginia School of Law, JD, 2007
University of Chicago, BA, 2004
Admissions
Illinois
Courts/Agencies
US Court of Appeals for the Seventh Circuit
US District Court for the Northern District of Illinois
US District Court for the Northern District of Illinois – Trial Bar
