David P Saunders

David P Saunders

April 15, 2022 | Legaltech News

A Website Warning: Keep Terms of Service and Privacy Notices Separate

A look at why terms of service and privacy notices should work in conjunction with one another, but also why it is not advisable to incorporate privacy notices into online terms of service.

By Shawn Helms, David P. Saunders and David Sorenson, McDermott Will & Emery

6 minute read

February 07, 2022 | Corporate Counsel

The Crystal Ball of State Consumer Privacy Legislation: What to Expect in 2022

Instead of trying to catalogue every development everywhere, this article looks at some of the larger trends that we either are already seeing or expect to see during this legislative cycle, which largely should be over by the end of the summer.

By David P. Saunders and Austin Mooney

6 minute read

October 08, 2021 | Law.com

Why Are Courts Making Cybersecurity Forensics Reports Not Privileged?

Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.

By David P. Saunders

8 minute read

October 08, 2021 | Legaltech News

What Makes Cybersecurity Forensic Reports Different to Courts?

A lesson learned by young lawyers everywhere is that internal, corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.

By David P. Saunders, McDermott Will & Emery

7 minute read

September 08, 2009 | Law.com

Combining '33 and '34 Securities Act Plaintiffs in the Same Class

In an opinion of interest to plaintiffs and defense counsel, the 2nd Circuit has ruled that plaintiffs suing under the Securities Act of 1933 and the Securities Exchange Act of 1934 may co-exist within the same plaintiff class even if the allegations of misrepresentation underlying the claims differ. The decision bears close consideration by counsel in class actions in which '33 act and '34 act claims may be asserted, say attorneys David Saunders and Howard Suskin, who analyze the likely effects of the ruling.

By David P. Saunders and Howard S. Suskin

11 minute read