David G. Ries
David Ries Clark HillOffice
Pittsburgh
One Oxford Centre
301 Grant St, 14th Floor
Pittsburgh, PA
15219
Phone: (412) 394-7787
Fax: +14123942555
Email: dries@clarkhill.com
Education
J.D., cum laude, Boston College Law School, Newton, Massachusetts, 1974, Member, Boston College Industrial and Commercial Law Review
Boston College Law School
B.A., magna cum laude, Boston College, Chestnut Hill, Massachusetts, 1971
Boston College
Court Admissions
U.S. District Ct., W.D. of Pennsylvania
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 6th Circuit
U.S. District Ct., W.D. of Michigan
U.S. District Ct., E.D. of Michigan
David G. Ries
Of Counsel
David G. Ries has devoted his legal career to helping organizations traverse complex environmental, technology, and data protection challenges.
David focuses on supporting data security and privacy clients by providing innovative solutions, designing a strategy for implementing comprehensive compliance programs and for responding to security incidents and regulatory actions and court claims relating to confidential business, employee, and customer data.
Information governance, including document storage and destruction, is multifaceted and constantly changing as individual regulatory bodies redefine the rules and court rulings place new responsibilities on businesses. David earned a distinguished reputation among his clients for his ability to understand the intricacies of governance and to provide actionable and sustainable recommendations.
David’s extensive experience and understanding of the evolution in cybersecurity law, as well as his position as a member of the American Bar Association's Cybersecurity Legal Task Force, make him a sought-after speaker in cybersecurity circles. He is the co-author of Locked Down: Practical Information Security for Lawyers, Second Edition, and Encryption Made Simple for Lawyers. He is also the editor of eDiscovery, Fourth Edition, and a contributing author to Information Security and Privacy: A Legal, Business and Technical Handbook, Second Edition.
Memberships
E-Discovery Special Master, U.S. District Court for the Western District of Pennsylvania
Allegheny County Bar Association (Past Chair, Technology Utilization Committee, Past Chair, Environmental Law Section; Member, Civil Litigation and Federal Court Sections)
Pennsylvania Bar Association (Member, Environmental, Mineral and Natural Resources Law and Civil Litigation Sections)
Member, American Bar Association (Law Practice Management Division (past member of Division Council); ABA TECHSHOW Board (2005 - 2008)
Member, American Bar Association Section of Environment, Energy and Resources, Cyberspace Law Committee, Litigation Section, Science and Technology Law Section, e-Discovery and Digital Evidence Committee, and Information Security Committee)
Board of Directors, Pennsylvania Bar Institute
Trustee and Past President, Energy and Mineral Law Foundation
International Society of Environmental Forensics
Editorial Board, Environmental Forensics (a peer reviewed journal)
Member, InfraGard, Pittsburgh Chapter (Board of Directors 2006-2016)
Information Systems Security Association
Hearing Committee Chair and Member, Disciplinary Board of the Supreme Court of Pennsylvania (1997-2003)
Member, ILTA LegalSEC Council
Fellow, American College of Law Practice Management
Experiences
Represented one of the former corporate shareholders of a company which operated 18 wood treatment plants in a CERCLA action in federal court in which the purchaser of the stock of the operating company sought to hold the prior shareholders liable for contamination at the former plants. After trial, the court held that the former shareholders were not liable for the activities of the company. Affirmed by the U.S. Court of Appeals for the Third Circuit. (W.D. Pa. and Third Circuit)
Defended the owner of a manufacturing plant in a penalty action in federal court in Missouri based on alleged permit violations under the federal Clean Air Act in the operation of two paint lines. Negotiated a substantially reduced penalty, including a challenge to calculations under the U.S. Environmental Protection Agency’s economic benefit model. (W.D. Mo.)
Represented a multinational corporation in litigation and arbitration involving a contract and letter of credit for a $320 million power plant project in Israel. Settled during arbitration. (W.D. Pa.)
Represented the former owner of a manufacturing plant in Ohio in a private CERCLA action involving lead contamination in the soil brought by the current owner. Plaintiff sought recovery of all past response costs and a declaratory judgment on liability for all future costs. After trial, the court found the former owner to be liable for only 40% of the past costs and dismissed the claim for future costs. (N.D. Ohio)
Counsel to the administrative agent, collateral agent, sole lead arranger and sole bookrunner with respect to an $85,000,000 revolving credit facility with a $25,000,000 export-related subfacility, which is guarantied by the Export-Import Bank of the United States under a fast-track working capital guaranty program, a $20,000,000 letter of credit/acceptance subfacility and an $8,000,000 swing loan subfacility for a global specialty chemicals company. The credit facilities are secured by first/second priority liens in all of the company's domestic assets with inverse first/second priority liens granted in connection with a simultaneous high-yield debt offering (wrap collateral structure).
Environmental counsel to 3 Rivers Wet Weather, Inc., a non-profit corporation which is coordinating regional efforts involving regulatory agencies and over 80 municipalities and authorities in developing comprehensive plans to comply with federal Clean Water Act requirements to address wet weather sewage issues, potentially costing $3 billion.
Represented a generator defendant in a federal cost recovery action under CERCLA which alleged that the client had arranged for disposal of solvents at a landfill in Michigan now owned by the plaintiff. The federal district court entered summary judgment for the client based on the plaintiff’s failure to comply with the National Contingency Plan and dismissed an indemnification claim by a co-defendant. The U.S. Court of Appeals for the Sixth Circuit affirmed dismissal of the plaintiff’s claims. Also defended the client in related Michigan state court litigation. (W.D. Mich. and Sixth Circuit)
Represented a city and municipal sewer and water authority in a case involving soil and water contamination (solvents and PCBs) which had been disposed of on their property from railroad operations in the 1950s. Defended administrative and court claims by the Pennsylvania Department of Environmental Resources under the Pennsylvania Hazardous Sites Cleanup Act and asserted a claim against the railroad. Resulted in a settlement in which the railroad conducted remediation, with only limited involvement by the city and authority. (Commonwealth Court of Pennsylvania)
Defended an educational institution in a private action brought under the Pennsylvania Storage Tank and Spill Prevention Act. Plaintiff claimed that its property had been contaminated by releases of petroleum products from underground storage tanks operated by several defendants. The Court of Common Pleas of Allegheny County, Pennsylvania granted summary judgment for the educational institution before trial.
Brought a private CERCLA action in federal court in Pennsylvania on behalf of a current property owner against past owners and operators to recover past and future response cost to remediate coal tar contamination on the site from a former manufactured gas plant. Case settled before trial. (W.D. Pa.)
Defended an aluminum company in a CERCLA action brought by the federal government based on a claim that the company had arranged for the disposal of solvents at a landfill site in Massachusetts which was listed on the National Priority List. Served on the litigation committee for PRPs. Case was settled at a substantial discount from the government’s past and anticipated future response costs. (D. Mass.)
Defended a steel manufacturer in federal court in Michigan in a private air pollution case in which an electrical utility claimed that air emissions from the steel plant had caused contamination of and damage to its electrical distribution system. The case was dismissed at trial at the end of the plaintiff’s evidence. (E.D. Mich.)
Representing the owner of a former mineral processing plant which is undergoing remediation under Pennsylvania Act 2. The project includes complex water, waste, clean fill, wetlands and Act 2 issues.
Brought a CERCLA action for the current owner of a site which had been used for disposal of manufactured gas plant tar. The defendants were former property owners and a state agency. Settled before trial. (W.D. Pa.)
Represented clients in a wide variety of commercial litigation involving such subjects as securities, antitrust, shareholders’ derivative suits, finders’ and brokers’ fees, storage tank design, computer systems, mining equipment, and steel manufacturing equipment.
Represented a waste disposal company in federal and state courts in Pennsylvania and before the Pennsylvania Environmental Hearing Board in litigation involving the company’s right to import out-of-state waste. Resulted in several injunctions against state interference with shipments and ultimately a negotiated resolution which preserved contracts worth $400 million. (W.D. Pa., Pa. Cmwlth., Pa. Supreme Ct.)
Defended an educational institution in an action under the Pennsylvania Storage Tank Act.
Summary judgment was granted before trial. (Court of Common Pleas of Allegheny County, PA)
Environmental counsel to 3 Rivers Wet Weather, Inc., a non-profit corporation which is coordinating regional efforts involving regulatory agencies and over 80 municipalities and authorities in developing comprehensive plans to comply with federal Clean Water Act requirements to address wet weather sewage issues, potentially costing $3 billion.
Defended a former plant owner in a private CERCLA contribution action brought by a generator PRP at a landfill site in Michigan. The plaintiff claimed that the plant owner’s wastes had been transshipped from an incineration operation to the landfill. Successfully argued a Daubert motion for a group of 12 defendants, resulting in exclusion of the plaintiff’s expert and summary judgment for defendants. (E.D. Mich.)
Represented the past owner of a manufacturing facility in South Carolina in a private action under CERCLA, RCRA and state law, brought by the current owner in federal court. Plaintiff sought approximately $14 million in past and future damages for TCE contamination in soil and groundwater. Case settled during trial. (D. S.C.)
Represented the Pittsburgh International Airport in a federal action under the National Environmental Policy Act and the National Historic Preservation Act in which some individuals sought to prevent demolition of the old airport terminal and redevelopment of the site. Resulted in a favorable ruling by Justice Souter of the United States Supreme Court which permitted the project to proceed.
Defended a waste management company in multidistrict federal securities class actions, individual actions and investigations arising from a change in accounting and alleged accounting irregularities. Settled before trial. (W.D. Pa.)
Represented a closely held real estate management company in shareholder litigation in state court in Pennsylvania concerning the repurchase of stock from a shareholder. The dispute involved valuation of the stock including the effect of environmental conditions of brownfield property. Settled after several favorable court rulings.
Represented clients in a variety of technology litigation matters and advised clients on a number of technology law issues, including network and computer security, e-commerce and electronic contracting, electronic signatures, domain name disputes, Internet jurisdiction, technology contracts, software license audits, Y2K agreements and disclosures, and privacy.
Represented a life insurance company in multidistrict class action litigation in federal court arising out of alleged sales practices. Resulted in a $1.6 million settlement. (W.D. Pa.)
Defended a multinational corporation in litigation in federal court in Pittsburgh involving performance of steel production equipment, which included a computer control system. Statistical analysis of operating variables was a major issue at trial. Resulted in a defense verdict after trial which was affirmed by the U.S. Court of Appeals for the Third Circuit. (W.D. of Pa. and Third Circuit)
Represented a corporate investor in a corporation formed to develop software in a dispute concerning operations of the corporation, use of investment proceeds and contractual issues between the investor and corporation.
Defended a storage tank manufacturer in a series of cases in federal court and state courts in Pennsylvania, Ohio and West Virginia arising from a rupture of a tank which contained liquid nitrogen. The tank design and cause of the rupture were at issue. Resulted in a very favorable settlement.
Represented an aluminum company in a dispute concerning a computer control system for a plant located in Europe. Included coordination with overseas counsel for resulting litigation which proceeded in Europe.
Defended a steel company in an action in federal court in Missouri in a contract and tort action by a steel service center which constructed and operated a roll coater for steel coils. Issues included the specifications for the painted coils, the ability of the coating line to meet them and alleged breaches of a contract for sales of secondary steel. Settled before trial. (E.D. Mo.)
Represented a multinational corporation in a trademark dispute in federal court in Arkansas, where the basis for personal jurisdiction was publication of the materials at issue on a website. Case settled while motion to dismiss was pending. (D. Ark.)
Represented clients in major litigation involving disputes concerning contracts for development and implementation of information systems projects.
Defended a steel company in an adversary proceeding in bankruptcy court in Ohio. The case included claims of preferences and alleged sales to a related company at below market prices. Resulted in a settlement in which the steel company was paid by the debtor most of the claimed debts. (W.D. Pa.)
Defended an entertainment company in federal litigation in Pittsburgh in a contract action involving a project services agreement for development and implementation of a major database project. The consulting firm sought a balance claimed to be due and the entertainment company sought damages for completion of the project by a replacement consultant. Settled before trial. (W.D. Pa.)
Brought an action for a leasing company in federal court in Pittsburgh to collect the balance due on a medical practice management system, which included hardware and software. Defendant claimed that the system did not perform in accordance with warranties. Settled during trial for full balance due. (W.D. Pa.)
Represented a former service station owner in the damages phase of an action under the Pennsylvania Storage Tank Act. Damages were limited to under 10% of the claimed damages. (Court of Common Pleas of Allegheny County, PA)
Represented a governmental authority in a multi-million dollar action in state court involving design and implementation of a customer billing and service system. (Court of Common Pleas of Allegheny County, PA)
Practice Areas
Administrative LawCybersecurity, Data Protection & PrivacyEnvironment, Energy & Natural Resources
Industries
Mining
Services
Information Governance 360
