David Simon

Practice Areas

David Simon is co-head of Skadden’s global Cybersecurity & Data Privacy Practice and one of the leaders of the firm’s global AI Practice. David has dealt with some of the most significant cyber incidents on an international scale. Having practiced on both sides of the Atlantic, David is dual qualified to practice law in the European Union (EU) and the US and has deep experience helping boards and executive teams navigate rapidly evolving legal compliance issues involving cybersecurity, AI and privacy. Formerly a Pentagon special counsel and chief cyber counsel to the U.S. Cyberspace Solarium Commission, David regularly assists clients as the lead investigator and crisis manager for high-stakes, cross-border incidents involving cyberattacks, data breaches and extortion, and AI, and handles related internal investigations and regulatory defense.

David’s experience includes advising victims of state-sponsored cyber activity, ransomware and other cyber extortion attacks, as well as breaches of health information, sensitive government information, intellectual property and personal data. He often represents global companies in connection with cyber incidents requiring analysis of breach reporting obligations under U.S. and EU law, including the EU General Data Protection Regulation (GDPR) and investigations by European data protection authorities. He has counseled companies on major cyber incidents and incident preparedness across virtually every industry, including financial, health care, energy, chemical, defense and aerospace, telecommunications and hospitality.

David is known as a go-to cyber and privacy counsel to leading global private equity sponsors and their portfolio companies, stepping in to serve as cyber counsel and incident commander when companies face ransomware or other disruptive cyberattacks. He frequently counsels boards, C-level executives and other management as they address cyber vulnerabilities and breaches, and manage associated legal, regulatory and reputational consequences. In recent years, David has convened regular roundtables with CISOs, CIOs and CTOs to assess trends and risk management strategies concerning cybersecurity, AI and privacy.

With years of experience working in data protection privacy compliance, David often advises clients on complex regulatory issues involving the collection, storage, use, transfer and sharing of personal and other sensitive data. He counsels clients on data governance and privacy compliance with HIPAA, ECPA, CCPA, EU GDPR, and a range of EU laws governing data protection and technology supply chain risk management, including DORA, NIS2, CRA, and the Data Act.

David is widely recognized for his experience regarding the legal and policy issues at the intersection of cybersecurity, privacy, AI and national security. In addition, he has significant experience with the evolving cybersecurity and privacy legal framework applicable to the internet of things and product cybersecurity, operational technology and industrial control systems.

David served from 2019-21 as chief cyber counsel to the US Cyberspace Solarium Commission, a bipartisan commission established by Congress to develop a strategy to defend the U.S., including the private sector, from cyberattacks. During this time, he helped write more than 30 recently enacted cyber and privacy laws.

Prior to joining Skadden, David was a partner and co-chair of the cyber incident response team at another major global law firm.

Professional Memberships

Adjunct Fellow in Cybersecurity and International Law, Technology Policy Program, Center for Strategic and International Studies; Member, CISA Task Force, Center for Strategic and International Studies (developing recommendations for the U.S. Cybersecurity and Infrastructure Security Agency); Senior Advisor, CSC 2.0 Project: Preserving the Legacy and Continuing the Work of the Cyberspace Solarium Commission; Honorary Member of Senior Common Room, Trinity College, Oxford University (2022-23); Visiting Research Fellow, College of Information and Cyberspace, National Defense University (2018-21); Experts Committee Member, UN Security Council Counter-Terrorism Committee Executive Directorate, United Nations (2017-21); Term Member, Council on Foreign Relations (2016-21); Member, Cyber Policy Task Force, Center for Strategic and International Studies (developed cybersecurity recommendations for the 45th presidential administration) (2015-17); Peer Reviewer, Tallin Manual on the International Law Applicable to Cyber Warfare (Tallin Manual 2.0) (2015-17)