Christopher E. Ballod

Partner

  • location icon Pittsburgh, PA
    429 Fourth Avenue
    Pittsburgh, PA 15219
  • location icon Philadelphia, PA
    550 E. Swedesford Road
    Wayne, PA 19087

Christopher E. Ballod is a partner in the Philadelphia and Pittsburgh offices of Lewis Brisbois and a member of the Data Privacy & Cybersecurity, Corporate, and Commercial Litigation Practices. 

Data Privacy and Cybersecurity

Mr. Ballod counsels clients in the prevention of data breach incidents, and during the response and notification process after an incident occurs. His experience protecting his clients' interests before an incident includes:

  • Negotiation and drafting of vendor agreements such as cloud data hosting agreements, software support agreements, telecommunications contracts, cloud-based human resources management services, and online reservation service agreements, providing for defense, indemnification, and response costs in the event of a data breach incident
  • Regulatory compliance counseling including compliance with HIPAA, payment card industry standards (PCI-DSS), NYS Department of Financial Services compliance, and the European Union's General Data Protection Regulation (GDPR) 
  • Counseling during the assessment of risks and placement of cyber liability coverageIncident preparation counseling including "table top" exercises practicing breach response procedures, and multi-day stakeholder "boot camps" training key personnel in all aspects of risk management and response
  • Drafting of privacy policy statements
  • Preparation of terms of service agreements, Anti-Money Laundering (AML) policies, and ancillary agreements for web-based crowdfunding ventures
  • Transactional counseling including compliance assessment during due diligence

After an incident occurs, Mr. Ballod works as part of the Lewis Brisbois response team to partner with data forensics experts and insurance professionals in order to assess the scope of the breach and to provide the appropriate response. His breach response experience includes:

  • Coordination of breach response services for clients of all market sizes and across multiple business sectors including construction, energy generation, financial services, healthcare, hospitality, municipal government, and retail
  • Breach risk assessment and regulatory reporting including response to enforcement actions
  • PCI Account Data Compromise assessment response and appeal for all major card brands
  • Defense of litigation

Mr. Ballod's experience with technology matters is unique in the industry. In addition to litigating the first "virtual property" case in the United States, Bragg v. Linden Labs, he counseled multi-national vendors of goods and services in a virtual world game about their participation in a virtual currency exchange, and the legality of their gaming businesses under state and federal gambling laws.

Energy Sector and Construction Industry

Mr. Ballod counsels clients in the construction industry with a focus on the energy sector. His experience includes negotiation and litigation relating to construction projects on behalf of contractors, design professionals, developers, and owners. He has developed a reputation for expertise with matters pertaining to engineering, procurement, and construction (EPC) agreements. His experience includes the following representative matters:

  • Negotiated a multi-million dollar liquidated damages claim arising out of the EPC agreements for two gas-fired power plants
  • Handled a multi-million dollar arbitration matter pertaining to the valuation of a power plant after alienation of the assets
  • Advised a contractor with a nationwide presence as to regulatory compliance, land use, and permitting issues arising out of multiple power plant projects
  • Conducted a risk assessment analysis for a nuclear and traditional fuel energy generation company in the acquisition of new generation assets
  • Counseled a telecommunications company in the negotiation of site agreement disputes with landowners
  • Handled a dispute involving residual value payments stemming from a power plant development project
  • Handled litigation arising out of indemnification and failure to procure insurance claims relating to power generation facilities in Eastern Pennsylvania
  • Litigated a dispute regarding responsible parties for a floor collapse in a partially constructed multi-story office building
  • Litigated terms of payment claims relating to a multi-structure Gulf state condominium project and two residential subdivision construction projects
  • Negotiated the asset purchase agreement for the acquisition of an industrial machinery repair company, and handled the dissolution of the acquired entity
  • Defended design professionals in numerous professional negligence claims

Employment Law
As part of the general counsel services Mr. Ballod provides to his clients, he is experienced with FLSA compliance, avoidance of wrongful termination claims, and development of affirmative workplace policies. He provides assistance to in-house counsel's office, and support for Human Resources professionals.
 

Publications

  • Storage Tank and Spill Prevention Act Penalty Math or How I Learned to Stop Worrying By Contacting Counsel (2016) 
  • Re-Imagining the Hardhat: Wearable Technology on the Job Site (2016) 
  • Veto Power: Babcock & Wilcox Holds That an Insured can Settle Over an Insurer’s Objection (2016) 
  • If It's Not Broken, We Won't Pay To Fix It; An Analysis of the Impaired Property Exclusion (2016) 
  • A Mechanic’s Lien in Search of an Owner (2015) 
  • Communicating With the Insured (2015) 
  • Survey of Recent Developments in Coverage and Bad Faith (2015) 
  • Cutting Edge Issues in Coverage (2015) 
  • An Overview and Update on Anti-Indemnity Statutes (2015) 
  • You Think Indemnity is the Answer? Maybe Not; A National Survey of Anti-Indemnity Acts (2015) 
  • Form and Substance: Interplay Between State Unfair Insurance Practices Acts and Bad Faith Litigation (2015) 
  • Designing the Defense: Cyber Risk for Construction Professionals and How to Prepare for the Inevitable Breaches (2014) 
  • Construction Professionals Beware: As the Commonwealth Crumbles, Statutory Caps on Damages Remain Strong (2014) 
  • Error Code: Is the Software You Use Exposing You to Claims of Bad Faith Claims Handling? (2012) 
  • Message in the Bottles: Identifying, Preserving and Proving Coverage Defenses While Minimizing Bad Faith Exposure and Other Lessons from U.S. Fire Ins. Co. v. Kelman Bottles (2012) 
  • Preventing the Great Heist: Understanding Exclusions for Criminal and Bad Acts (2011)

Community Activities

  • Greater Pittsburgh Arts Council, Volunteer Attorney 
  • Philadelphia Volunteer Lawyers for the Arts, Volunteer Attorney 
  • National Kidney Foundation, Pittsburgh Chapter, Corporate Sponsorship and Fundraising Subcommittees of the Young Professionals Committee
  • Philadelphia Theatre Workshop, Past Chair of the Board of Directors

Professional Presentations

  • Professional Liability Attorney Network panelist/moderator 2015 
  • Philadelphia Coverage College faculty member 2010–2012 

Admissions

Pennsylvania

West Virginia

Third Circuit Court of Appeals

Fourth Circuit Court of Appeals

Eastern District of Pennsylvania

Middle District of Pennsylvania

Western District of Pennsylvania

Northern District of West Virginia

Southern District of West Virginia

Associations

  • International Code Council 
  • Financial Industries Network 
  • RIMS Risk Management Society 
  • Allegheny County Bar Association

Awards & Honors

Pennsylvania Super Lawyers Rising Star 2016 and 2008

Education

Delaware Law School

Juris Doctor

  • Law Review Board, Articles Editor
  • Moot Court Honor Society, Team Captain

Pennsylvania State University

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