David H. Potter

Associate

Chicago
T +1.312.416.6278
F +1.312.416.6201

Overview

Through his digital risk advisory and cybersecurity practice, David Potter advises clients on privacy breach response and preparedness, and on identifying, evaluating and managing first- and third-party data privacy and security risks. He has handled over one hundred data security incidents and has recovered more than $1 million in funds wired out of the United States. He has worked with small and large entities, including municipal governments, law firms, defense contractors, educational institutions, financial institutions, and public and private medical providers. Notably, David understands the importance of protecting his clients' reputations, and quickly pulls together a team of skilled forensic and public relations professionals, and notification vendors to help reduce public and regulatory scrutiny.

David's practice is supported by his experience as a prosecutor in the Cook County State Attorney's Office, where he handled complex prosecutions and investigations involving intellectual property and cyber corruption crimes. His experience, paired with his passion for computers and technology, enables him to knowledgeably walk clients through each aspect of the information management life cycle and guide them through their distinctive cybersecurity matters.

Select Experience

  • Represented not-for-profit in recovering $800 thousand in funds wired to Hong Kong, working with local counsel to facilitate recovery efforts.
  • Represented venture capital firm in the recovery of $500 thousand wired outside of the U.S.
  • Led team of four associates managing a 24/7 breach response hotline for an AmLaw 200 Firm, leveraging experience as a prosecutor in avoiding regulatory fines and penalties.
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Experience

  • Represented not-for-profit in recovering $800 thousand in funds wired to Hong Kong, working with local counsel to facilitate recovery efforts.
  • Represented venture capital firm in the recovery of $500 thousand wired outside of the U.S.
  • Led team of four associates managing a 24/7 breach response hotline for an AmLaw 200 Firm, leveraging experience as a prosecutor in avoiding regulatory fines and penalties.
  • Represented client in grey market goods matter in federal court regarding the misuse of client's trademark. Obtained TRO and seizure order under seal at the commencement of a civil action.
  • Responded to an inquiry from HHS OIG on behalf of client involved in genetic testing.
  • Advises clients on compliance with state, federal, and international laws and regulations, including GLBA, PIPEDA, HIPAA/HITECH, FERPA, COPPA, and GDPR.
  • Designs and implements risk management protocols, including testing breach response plans and certifying PCI and HIPAA compliance.
  • Led the investigations and prosecution of cases involving cyber-attacks and cyber-crimes, including unauthorized network intrusions (local and remote), unauthorized conversion, alteration or deletion of data, and the coding, implementation and distribution of malicious software.

Recognitions and Memberships

Memberships

  • Illinois State Bar Association
  • International Association of Privacy Professionals

Community

  • Make-A-Wish Foundation
  • Give Kids The World

Prior Positions

  • Cook County State's Attorney's Office: Assistant State Attorney (2010 to 2018)
  • Law Office of David H. Potter: Solo Practitioner (2008 to 2018)
  • DTOP Computers: Owner (2015 to 2018)

Admissions

  • U.S. Supreme Court
  • U.S. District Court, Northern District of Illinois
  • Illinois

Education

  • J.D., DePaul University College of Law, 2008; Intellectual Property Law Society
  • B.A., Political Science, DePaul University, 2005, with high honors

Blog

In The Blogs

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Data Counsel
Threat Actors are Finding New Ways to Commoditize Data
By David H. Potter, Anthony P. Valach
April 21, 2020
While all businesses continue to adjust to the remote work environment, it’s business as usual for cybercriminals. Although there are reports of phishing schemes tied to the COVID-19 pandemic, we are not really seeing different types of...
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