CERTIFICATIONS

Fellow of Information Privacy (FIP)
Certified Information Privacy Manager (CIPM)
Certified Information Privacy Technologist (CIPT)
Certified Information Privacy Professional
– United States (CIPP/US)
– United States Government (CIPP/G)
– Europe (CIPP/E)
– Canada (CIPP/C)
– Asia (CIPP/A)

ADMISSIONS

Arizona
Colorado
U.S. District Court District of Arizona
U.S. District Court District of Colorado
U.S. District Court District of New Mexico
U.S. Court of Appeals Ninth Circuit
U.S. Court of Appeals Tenth Circuit
U.S. Supreme Court

PRACTICE AREAS

Civil RICO
Computer Crime
Consumer Fraud
Data Privacy & Cybersecurity
Defamation (Libel & Slander)
Fiduciary Duty
Fraud
Invasion of Privacy
Trade Secrets Theft
Unfair or Deceptive Trade Practices

EDUCATION

B.S., Management, U.S. Air Force Academy
– Commandant’s List
Post-Baccalaureate Studies, Linguistics and Philosophy, University of Arizona
– Phi Beta Kappa
– Dean’s List with Distinction
J.D., University of Arizona
– Dean’s List
– William T. Birmingham Award
– Jenckes Cup Champion
– Richard Grand Damages Champion

Ed Hopkins

I focus my law practice on computer crime, cybersecurity, data privacy, defamation (libel and slander), invasion of privacy, and unfair or deceptive trade practices litigation and consulting.

PRIVACY COUNSEL

Drawing from my experiences litigating computer crime, cybersecurity, data breach, invasion of privacy, and negligence claims for civil plaintiffs, I advise companies on their privacy and related cybersecurity programs, helping them analyze the data breach and litigation risks to which their privacy and cybersecurity practices expose them. I help them conduct privacy impact assessments, draft or update privacy policies, develop data management and destruction policies, evaluate or negotiate cybersecurity data breach insurance policies, prepare and train for data breaches and related notice requirements, communicate with government agencies after a major data breach has occurred, train staff, and educate or brief senior leaders.

I hold all seven certifications offered by the International Association of Privacy Professionals (IAPP), including certifications in the laws of the United States (CIPP/US), European Union (CIPP/E), Canada (CIPP/C), and Asia (CIPP/A); United States governmental privacy laws (CIPP/G); IT privacy best practices (CIPT); and information privacy management (CIPM). The IAPP awarded me its Fellow of Information Privacy (FIP) designation in 2016.

COMPUTER CRIME COUNSEL

I consult on corporate espionage, data breach, information security negligence, and identity theft claims arising from conduct that 18 U.S.C. §§ 1030, 2511, or 2701 and state computer crime, data security, extortion, identity theft, and privacy laws prohibit.

LITIGATOR

I represent plaintiffs whose reputations, careers, brands, or goodwill were harmed due to false or misleading statements; private or corporate data or information were accessed without authorization; personality, publicity, or privacy rights were infringed or violated; or income or profits were diminished due to violations of computer crime or racketeering laws. I also represent individuals and small business defendants who have been sued by other individuals or small businesses for defamation.

HONORS

AV® Preeminent™ Peer Review Rated (2015 – 2019)
Lead Counsel Rated – Civil Litigation (2015 – 2019)
Collaborative Bar Leadership Academy (CBLA) Class of 2015 Alumnus
Fellow, Colorado Bar Foundation (2015)
Colorado Bar Association Leadership Training (COBALT) Class of 2014 Alumnus
Sam Cary Bar Association President’s Award (2014)
Law Week Colorado Up and Coming Lawyers (2014)
Colorado Supreme Court Pro Bono Award (2012 – 2017)
EBONY Magazine Young Leader of the Future Award (2003)
Wing Staff Company Grade Officer of the Year (1997)

PROFESSIONAL AFFILIATIONS

Arizona Bar Association
Colorado Bar Association
Delta Eta Boulé, Member
Downtown Denver Partnership, Member
International Association of Privacy Professionals (IAPP)
Phi Beta Kappa Society, Member
Sam Cary Bar Association (Judicial Committee Chairperson 2012 – 2015)
Sigma Pi Phi Fraternity, Inc. (2005 – present)

CLE PRESENTATIONS

“Cyber Threats and the Impact on Your Legal Practice,” Colorado Women’s Bar Association (May 2019)
“Litigating Civil Claims for Computer Crimes and Torts,” Colorado Trial Lawyers Association, Denver, CO (January 2019)
“Safeguarding Your Clients’ Sensitive Information,” Colorado Trial Lawyers Association, Denver, CO (December 2017)
“Cybersecurity, Ransomware and Hacking: What to Do When You Get Breached,” Employment Law Conference, Colorado Bar Association, Vail, CO (October 2017)
“Law Firm Information Security and Data Breach Response,” Hanging Your Shingle, Colorado Bar Association, Denver, CO (August 2017)
“Evaluating Defamation Claims for Employment Law Plaintiffs,” Colorado Plaintiff Employment Lawyers Association, Golden, CO (August 2016)
“Litigating Defamation in Colorado,” Colorado Trial Lawyers Association, Steamboat Springs, CO (August 2016)
“Removing Defamatory Online Reviews,” Sam Cary Bar Association, Denver, CO (October 2014)
“Starting a Law Firm: Making Smart Business Decisions Early,” Colorado Trial Lawyers Association, Steamboat Springs, CO (August 2012)

REPRESENTATIVE MATTERS

Lawson v. Stow, 2014 COA 26 | March 13, 2014
The Colorado Court of Appeals, affirming a Jefferson County trial court in part and reversing it in part, held that someone who makes a false report to a law enforcement agency or child protective services agency cannot be held liable by the person the false report was made against using a negligence per se theory. The Court also held that prefatory statements such as “I felt” do not convert provably false and derogatory statements of fact into constitutionally protected opinions for defamation claims. The trial court was ordered to review the trial evidence record to determine if one of the plaintiffs proved by clear and convincing evidence that the defendant knew or recklessly disregarded evidence that the plaintiff did not threaten to kill him when the plaintiff posted the following statement on Facebook for all the plaintiff’s Facebook friends to see: “Re-post this if there is someone that is still alive because you don’t want to go to prison.”

Olive v. Schnurr, Douglas County District Court Case 12CV1892 | February 21, 2014
A seven-member Douglas County jury found that the defendant defamed the plaintiffs when she, without having a duty to do so, gave two news media companies false and derogatory, video-recorded statements that she saw the plaintiffs feeding their daughter margarita at a restaurant in a Denver Metro area mall. The news media used portions of the defendant’s video-recorded statements in broadcasts that reached hundreds of thousands of viewers and were later made available to the public via the Internet. The Jury’s defamation verdict was $180,000 for the plaintiffs.

Canfora v. Schaffer, 13CA0415 (Opinion Not Published) | February 6, 2014
The Colorado Court of Appeals reversed a Jefferson County trial court’s ruling on a motion to dismiss that defamatory statements the defendant published at a public meeting were absolutely privileged. The Court of Appeals found that there was insufficient evidence for the trial court to conclude that the defendant’s defamatory statements were published during quasi-judicial proceedings. Therefore, there was insufficient evidence to support the trial court’s legal ruling that the statements were subject to the absolute privilege for statements made during such proceedings.

PUBLICATION

“Invisible Capital: A Startup Law Firm’s Best Defense against Failure,” Trial Talk (June/July 2012).