David G. Ries
David Ries Clark HillOffice
Pittsburgh
One Oxford Centre
301 Grant St, 14th Floor
Pittsburgh, PA
15219
Phone: (412) 394-7787
Fax: 412.394.2555
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 practices in the areas of environmental, technology, and data protection law and litigation. For over 20 years, he has increasingly focused on cybersecurity, privacy, and information governance. He has recently addressed in his practice such current issues as information security and privacy programs and policies, contracting for privacy and security, response to security incidents and data breaches, digital and environmental forensics, admissibility of expert opinions, e-discovery, and defense of enforcement actions. He is a co-author of Locked Down: Practical Information Security for Lawyers, Second Edition (American Bar Association 2016) and Encryption Made Simple for Lawyers (American Bar Association 2015), the editor of eDiscovery, Fourth Edition (PBI Press 2017) and a contributing author to Information Security and Privacy: A Legal, Business and Technical Handbook, Second Edition (American Bar Association 2011). He is a member of the American Bar Association's Cybersecurity Legal Task Force.
Publications / Presentations
- Course planner, moderator and speaker for "Balancing Individual Privacy and Public Safety in the Accessibility of Cell Phone Data," presented by the Wecht Institute of Forensic Science and Law and InfraGard-Pittsburgh at Duquesne University in November, 2018.
- Panel member for "Preparing for Your Data Breach - Yes It's Coming" at the College of Law Practice Management's 2018 Futures Conference, Cybersecurity: This Way Be Dragons, in Boston, MA in October 2018.
- Spoke on "Utility Cybersecurity" at the ABATE Annual Meeting in October 2018 in Lansing, MI.
- Coauthor of "What to Do When Your Data is Breached," Michigan Bar Journal (September 2018).
- Spoke on "Cyberinsurance - Options and Coverage" at ILTA's LegalSEC Summit in Crystal City, VA in June 2018.
- Panel member on "Drinking Water, Infrastructure and Environmental Justice" at the Pennsylvania Bar Institute's Environmental Law Forum in April 2018 in Harrisburg, PA.
- Presented an "Information Security Law Update" for the Pittsburgh Chapter of the Information Systems Security Association in March, 2018, continuing annual presentations for over 10 years.
- Spoke on "Cyber Security: Protecting Corporate Data in a Breach-a-Day World" at the Michigan Manufacturers Association Law Symposium in Dearborn, MI in February 2018.
- Presented "Cybersecurity for Tax Professionals" at the Pennsylvania Institute of Certified Public Accountants' Western Pennsylvania Tax Conference in January 2018.
- Presented on "Safeguarding Client Data in a Breach-a-Day World" at the Institute for Energy Law’s 16th Annual Energy Litigation Conference in Houston, Texas on November 9, 2017.
- Presented on "Protecting Your Client’s Data: Ethics, Security and Practicality at the 43rd Annual Notre Dame Tax and Estate Planning Institute in South Bend, IN on October 26, 2017.
- Spoke on "Safeguarding Client Data in a Breach-a-Day" at DRI's Cybersecurity and Data Privacy Seminar in Chicago, IL in September 2017.
- Published the "ABA TECHREPORT 2017 - Security" that summarizes cybersecurity experience and trends in the American Bar Association 2017 Legal Technology Survey Report.
- Panel member for a series of American Bar Association cybersecurity webinars during July, 2017, including "New ABA Ethics Opinion on Securing Electronic Communications," "Your Law Firm Has Been Breached, Now What?" and "Ethics of Keeping Your Confidential Data Safe."
- Spoke on "Encryption is Simple, Easy and Cheap- and May be Ethically Required" and "Digital Transactions: E-Signatures, E-Contracts and Authentication" at the Virginia State Bar TECHSHOW in April, 2017 in Richmond, VA.
- Course planner, moderator and speaker for "Digital Forensics in the Courts," presented by the Wecht Institute of Forensic Science and Law and InfraGard-Pittsburgh at Duquesne University in March, 2017.
- Gave a presentation on "eDiscovery: Professional Responsibility Considerations" at the Pennsylvania Bar Institute's eDiscovery program in March, 2017 in Pittsburgh, PA.
- Spoke on "Encryption for Lawyers: Its Time Has Come" at the University of Richmond Journal of Law and Technology's (JOLT) Symposium on Cyber Security: Protecting Against Cyber Threats and Data Breaches Through Encryption and Regulation in February, 2017.
- Presented on “Safeguarding Client Data in a Breach-A-Day World,” Institute for Law and Technologsafy’s Cybersecurity and Data Privacy Law Conference, Plano, TX, January 2017.
- Presented on “Securing Documents: Encryption, eSignatures and Other Ways to Protect Client Information” at the Pennsylvania Bar Institute’s Employment Law Institute West, Pittsburgh, PA, November 2016.
- Presented on “Encryption for Lawyers: The Time has Come” at the Pennsylvania Bar Institute's Business Law Institute, Philadelphia, PA, November 2016.
- Presented on “Cyber Risk Management and Liability Issues” at the Pennsylvania Bar Institute's Business Insurance CLE, August 2016.
- Participated on a panel on Incident Response in a Law Firm at ILTA’s (International Legal Technology Association) LegalSEC Summit 2016 in Baltimore, MD in June 2016. The panel addressed best practices and procedures for response to security incidents and data breaches for law firms as well as other businesses and organizations.
- Panel member on Effective and Ethical E-Discovery at the Allegheny County Bar Association’s Bench Bar Conference at the Seven Springs Mountain Resort, PA in June, 2016. The program explored current developments in e-discovery, including new rules amendments, from the perspectives of a federal judge and practicing attorneys.
- Spoke at ABA TECHSHOW in Chicago, IL in March, 2016 on “Egregious Data Security Breaches, Hacks & Leaks” and “Encryption is Now Cheap and Simple and Ethically Required… Maybe.” Served on the TECHSHOW Planning Board from 2005 through 2008 and has regularly spoken at TECHSHOW since 2005, including presentations like “Two-Factor Authentication – Another Reasonable Step to Secure the Information Entrusted to You,” “Batten Down the Hatches: Mobile Security for Lawyers,” “New Geolocation Technologies,” “Anatomy of a Law Firm Data Breach,” and “The Top 5 Technologies in Advanced E-Discovery.“
- Panel member on “Locked Down: The Evolving Duty of Competence & Information Security” at the Association of Professional Responsibility Lawyers Mid-Year Meeting in San Diego, CA in February, 2016.
- Course planner, moderator and speaker for “What’s in Your Mobile Device? Forensic Science in the Digital Age,” presented by the Duquesne University Law School’s Wecht Institute of Forensic Science and Law and InfraGard-Pittsburgh in January, 2016.
- Course planner and speaker for the Pennsylvania Bar Institute’s Identity Theft program in Pittsburgh, PA in January, 2016 and earlier programs over the past several years.
- Panel member on “E-Discovery Ethics: Emerging Standards of Technological Competence” at the Pennsylvania Bar Institute’s Employment Law West Program in Pittsburgh, PA in November 2015.
- Spoke on “Competence in Technology: What the Ethics Rules Require,” at the Pennsylvania Bar Institute’s Oil & Gas Colloquium in Pittsburgh, PA in September, 2015.
- Presented on “Encryption for Lawyers: Its time Has Come,” at the American Bar Association Annual Meeting in Chicago, in August, 2015.
- Panelist on “The Ethics of Mobile Security: Protecting Client and Health Data Outside the Office” and “The New Era for Healthcare Privacy and Security” at the ABA’s 16th Annual Conference on Emerging Issues in Healthcare Law, Lake Buena Vista, FL, in March, 2015.
- Course planner and moderator for “Social Media in the Courts,” presented by the Wecht Institute of Forensic Science and Law and InfraGard-Pittsburgh at Duquesne University in January, 2015.
- Gave a presentation on “What is “Reasonable Security”? – Emerging Legal Standards” for the Pittsburgh Chapter of ISACA in October, 2014.
- Spoke on “Safely and Ethically Navigating the Cloud” at the ABA Annual Meeting in Boston, MA in August, 2014.
- Served as a course planner for the Pennsylvania Bar Institute’s Technology Institute in Philadelphia, PA in June, 2014 and spoke on panels on “BYOD: Bring Your Own Device (or Disaster)” and “Mobility, the Cloud, and Ethics.”
- Spoke on “The Ethical Implications of NSA Surveillance for Lawyers” at the Energy & Mineral Law Foundation’s 35th Annual Institute at White Sulphur Springs, WV in June, 2014. Has been a regular speaker at past Annual Institutes for over 10 years, including sessions on conflicts, confidentiality, privilege, e-discovery and experts.
- Panelist on “Ethical Obligations – A Lawyer’s Duty of Competency” and “Sophisticated Technology Issues” at the Pennsylvania Bar Institute / Allegheny County Bar Association 3rd Annual eDiscovery Symposium in Pittsburgh, PA in June, 2014. Also spoke at earlier programs in 2012 and 2013.
- Spoke on “ESI in Environmental Matters: E-Discovery Basics, Developments, Difficulties with Compliance” at the Pennsylvania Bar Institute Environmental Law Forum in Harrisburg, PA in April, 2014.
- Participated on a panel, “Maintaining Client Confidences in a High-Tech World,” at the ABA Section of Environment, Energy, and Resources Law’s 43rd Spring Conference in Salt Lake City, UT in March, 2014. An encore presentation was done by webinar in June, 2014.
- Spoke on “Professional Ethics: Hot Topics of Concern for Oil & Gas Attorneys” at the Pennsylvania Bar Institute’s 5th Annual Oil and Gas Colloquium in Pittsburgh, PA in September 2013 in Pittsburgh, PA. Gave similar presentations in earlier years.
- Presented “Locked Down: Information Security for Attorneys” at the ABA Annual Meeting in San Francisco, CA in August, 2013.
- Course planner and speaker for Pennsylvania Bar Institute’s E-Commerce: Legal and Practical Issues” program held in Pittsburgh, PA in March, 2013, and for several earlier programs over the past several years.
- Panelist, “Locked Down: Security for Cloud Services and Mobile Devices,” ABA Midyear Meeting, Dallas, TX in February 2013.
- Spoke on “Computer Forensics in the Courts” at Cyril H. Wecht Institute of Forensic Science and Law’s program Digital Detectives: A Computer Forensics Update at Duquesne University in January, 2013.
- Speaker, "Locked Down: How Security for Mobile Devices Helps Avoid Ethical Dilemmas," ABA Webinar, May 2012.
- Spoke on Experts and Work Product at the Pennsylvania Bar Institute’s Environmental Law Forum in Harrisburg, PA in April 2011.
- Speaker, ”Ethics in Leasing in the Marcellus Shale,” Rocky Mountain Mineral Law Foundation and Energy & Mineral Law Foundation Special Institute on Development Issues in the Major Shale Plays, Pittsburgh, December 2010.
- Co-author, “Expert Opinions in Environmental Litigation: a Daubert Update,” in the proceedings of the Energy & Mineral Law Foundation’s Thirty-First Annual Institute, May 2010.
- Participated in a demonstration direct and cross-examination of a computer forensics examiner for Evidence in the Information Age, presented by the Cyril H. Wecht Institute of Law and Forensic Science, Duquesne University, October 2009.
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
