David H. Potter

He | Him | His

Associate

Chicago
T +1.312.416.6278
F +1.312.416.6245

Overview

Driven by his passion for computers and technology and his commitment to staying on the cutting edge of cybersecurity issues, David Potter has advised hundreds of clients from a wide variety of industries on responding to cybersecurity and data privacy incidents. He has worked with small and large entities, including municipal governments and state agencies, law firms, defense contractors, educational institutions, financial institutions, and public and private medical providers.

David has helped guide hundreds of organizations through a wide variant of cybersecurity and data privacy breaches, including some of the highest demand ransomware cases to date. David advises clients on cybersecurity and data privacy breach response and preparedness, and on identifying, evaluating and managing first- and third-party data privacy and cybersecurity risks. He has handled hundreds of cybersecurity and data privacy incidents and has helped clients recover more than $1 million in funds wired out of the United States. 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 digital forensic evidence, intellectual property, public corruption and cyber crimes. His experience, paired with his passion for computers and technology, enables him to knowledgeably walk clients through each aspect of cybersecurity and data privacy incidents.

Select Experience

  • Represented well-known brand in a cybersecurity incident involving notice to over 100,000 individuals and several class action law suits.
  • Has represented dozens of financial institutions subject to GLBA, Regulation S-P and IRS rules in a wide variety of cybersecurity incidents.
  • Represented not-for-profit in recovering $800 thousand in funds wired to Hong Kong, working with local counsel to facilitate recovery efforts.
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Experience

  • Represented well-known brand in a cybersecurity incident involving notice to over 100,000 individuals and several class action law suits.
  • Has represented dozens of financial institutions subject to GLBA, Regulation S-P and IRS rules in a wide variety of cybersecurity incidents.
  • 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
2022 DSIR Report Deeper Dive: The Expanding Landscape of State Data Privacy Law
By Elise R. Elam, David H. Potter, Vaughn Stupart
August 30, 2022
BakerHostetler’s Data Security Incident Response Report is a one-of-a-kind resource that leverages aggregated data from security incidents. Our Digital Risk Advisory and Cybersecurity team has shared insights from attorneys across the...
Read More ->