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 has experience working with clients in a wide variety of industries. From food and alcohol to telecommunications and energy, and from PE funds and portfolio companies to small businesses and start-ups, David helps clients design a data privacy strategy that works for them.
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, TCPA, CAN-SPAM, and the growing list of state law privacy laws and regulations, including CCPA. He is also there for his clients in their most difficult times, having navigated data breaches, and successfully resolved both regulatory investigations and class action litigations related to corporate privacy practices. David also regularly performs due diligence for corporate transactions.
David has worked with a number of state attorney general’s offices and federal regulators, and advocated on behalf of clients in the telecommunications, cybersecurity, health and financial services sectors. 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
- Defended numerous companies across industrial sectors in consumer class actions brought pursuant to the Illinois Biometric Information Privacy Act
- Defended a major healthcare company in a consumer class action in the wake of publicly announced data breach
- Defended online technology company in connection with online tracking consumer class action
- 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, healthcare and clients across a broad spectrum in multinational 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
- Worked with clients in the healthcare, life sciences, food and alcohol, human resources, and telecom arenas develop privacy and compliance programs
- 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
- Seventh Circuit Bar Association Board of Governors, First Vice President (2023 to present)
- Illinois State Bar Association, Privacy and Information Security Law Committee, vice-chair (2017 to 2019); chair (2019 to 2020); member (2020 to present)
- Leadership Greater Chicago, fellow, 2018 Class
- University of Virginia School of Law Alumni Council
Credentials
Education
University of Virginia School of Law, JD, 2007
University of Chicago, BA, 2004
Admissions
Illinois
Maine
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
