Contract Logix has published a research study, “Contract Management at Manufacturing Companies: Roles, Tools, Challenges, & Obstacles,” and made the study available for downloading.

On its website, the company says the study involved 550 contract management professionals across multiple segments of the manufacturing industry.

It covers:

• The management tools they most often use to manage contracts
• The most frequent challenges in contract management
• The biggest obstacles to obtaining a purpose-built solution for Contract Lifecycle Management (CLM)
• And many more insights about the roles and responsibilities of those who handle contracts at manufacturing companies

Download the research study.

Join Our LinkedIn Group

New York-based Hogan Lovells is contemplating using blockchain technology to execute Smart Contracts, reports Eastern Daily News.

The story refers to reporting by The Wall Street Journal, which says the law firm is reviewing how this technology can eliminate many of the manual steps required to execute legal contracts. “This will have a positive impact on the firm in that it will be able to cut down its operation costs and at the same time be able free up lawyers’ time,” writes Peter Ngigi.

He continues: “Smart Contracts are technical in nature and hence will require lawyers who are professionally qualified and at the same time with the technical expertise to understand the code within the contract and figure out how they can work together.”

Read the Eastern Daily News article.

Join Our LinkedIn Group

Under California law, a provision of a contract found to impose a penalty is unenforceable as a forfeiture and contrary to public policy, explains Giselle Roohparvar of Miller Starr Regalia.

“The characteristic feature of a penalty is the lack of proportional relation between the forfeiture compelled and the damages or harm that might actually flow from the failure to perform under a contract,” she writes in the article posted by JD Supra Business Advisor. “Whether a contractual provision is an unenforceable penalty is a question of law subject to judicial determination. When parties are not careful, they risk having a bargained-for condition in their contract struck down as an unenforceable penalty.”

Read the article.

Join Our LinkedIn Group

Image by Chris Potter

The U.S. Treasury Department said it will extend its search for criminals who seek to launder money by buying U.S. real estate, according to a Reuters report.

The U.S. Treasury Department Financial Crimes Enforcement Network has had in place a rule that ordered  title insurance companies to report to authorities all-cash purchases in parts of California, Texas, Florida and New York.

“The agency said since imposing the original order in January 2016, it has found 30 percent of these cash real estate transactions involve a person who had previously been reported to authorities for suspicious financial activities,” Reuters reports.

The extension will keep the rule in place for a further 180 days.

Read the Reuters article.

Join Our LinkedIn Group

Image by Gage Skidmore

A group of law professors from around the country has filed a professional misconduct complaint against White House counselor Kellyanne Conway, a graduate of George Washington University Law School who was admitted to the D.C. Bar in 1995, reports The Washington Post.

In their letter, the professors wrote that Conway should be sanctioned for violating government ethics rules and “conduct involving dishonesty, fraud, deceit or misrepresentation.”

“The 15 professors, who specialize in legal ethics, cite several incidents, including a television interview in which Conway made the ‘false statement that President Barack Obama had “banned” Iraqi refugees from coming into the United States for six months following the “Bowling Green Massacre,” ’ and the use of her position to endorse Ivanka Trump products,” writes Sari Horwitz.

Read the Washington Post article.

Join Our LinkedIn Group

A judge in the Southern District of New York had some harsh words for Holland & Knight lawyers when they filed a response that the judge felt “abused the Court’s courtesy,” reports Above the Law.

Judge Paul Engelmayer last week heard argument on a motion to disqualify Holland & Knight in a dispute between its client, First NBC Bank, and a company called Murex. The judge asked the firm and its client to reflect on the issue and then write a letter informing the court of their final determination, but admonished them that “by extending this courtesy, it was not inviting additional substantive briefing on issues related to disqualification,” writes Joe Patrice.

The firm’s response had made it clear that he didn’t want additional substantive briefing. But that’s what Holland & Knight provided.

In response, the judge gave Murex permission to file a supplemental brief — with no limits on length or substance. He also disinvited HK and their client from filing a reply to Murex.

Read the Above the Law article.

Join Our LinkedIn Group

eSignLive by Vasco will present a complimentary webinar titled “Digitize Your Business: Defining Your E‑Signature Requirements” on Wednesday, March 8, 2-3 p.m. Eastern time.

Guest speaker Craig Le Clair from Forrester Research will talk about the driving forces behind e‑signature adoption, both locally and abroad, and how to define e‑signature requirements.

This 60-minute presentation will address:

• The integrated components of a digital business

• What’s driving e-signature adoption in regulated industries

• B2E, B2B, and B2C e-signature use cases

• Defining key e-signature integration requirements

• Top e-signature evaluation criteria from your peers

All attendees will receive a complimentary copy of the recent Forrester report, Vendor Landscape, E‑Signature, Q4 2016.

Register for the webinar.

Join Our LinkedIn Group

Practical Law will present a complimentary webinar discussing how current market conditions are affecting loan agreement terms and about the factors that are likely to influence loan agreement negotiations in 2017.

The event will be Wednesday, March 8, at 1 p.m. EST.

Practical Law and experts from Davis Polk & Wardwell LLP and Thompson & Knight LLP will participate in the 75-minute webinar. During this session, the presenters will explain the effects of prevailing market forces on the large corporate and middle market segments of the US loan market and discuss arguments commonly raised in loan agreement negotiations.

Discussions will also include:
-A review of market activity from a rollercoaster 2016.
-The impact of the current pricing environment.
-Developments in unitranche lending.
-A look at the continually evolving composition of underwriting groups.
-The current state of oil & gas lending.

A short question-and-answer session will follow.

Presenters:
Cassandra Mott, Partner, Thompson & Knight LLP
Jason Kyrwood, Partner, Davis Polk & Wardwell LLP
Tim Fanning, Senior Legal Editor, Practical Law Finance (Moderator)

Register for the webinar.

Join Our LinkedIn Group

Akerman LLP has launched WorkedUp, a new podcast that explores the ever-changing world of employment law and human resource management.

Hosted by New York labor & employment partner Matthew Steinberg, WorkedUp combines candid discussions, practical insights, and comic relief on the legal and business issues impacting employers nationwide, the firm said in a release.

The podcast will cover timely topics and emerging trends for 2017 and beyond, including the impact of the election cycle on employers, tech innovations in the workplace, and more. Episodes will feature discussions with a diverse roster of guests, including defense lawyers, plaintiff-side lawyers, in-house counsel, business executives, government agency representatives and other thought leaders.

Listeners may subscribe to WorkedUp on their mobile devices (iOS / Android) or listen on the firm’s website. Episodes are also available to stream at www.akerman.com/WorkedUp.

Akerman also delivers important developments in labor and employment law on the HR Defense Blog.

Listen to the podcasts.

Join Our LinkedIn Group

Buchalter announces the opening of its new Sacramento office with the addition of seven lawyers. James (Jim) K. Dyer joined the firm as managing shareholder of the new office from Downey Brand LLP, where he was a partner. The firm also signed Gwenn O’Hara and her team, including Valerie Collanton, Meghan Cox, and Ann Springgate, from the California Power Law Group where O’Hara was the founding partner.

“The decision to open an office in Sacramento was an easy one as the city’s real estate, technology, government, financial services, environmental, and energy industries are all thriving. However, we insisted on waiting until we found the right fit culturally for Buchalter, and I am thrilled to welcome Jim, Gwenn and their teams to the firm,” said Adam J. Bass, President and Chief Executive Officer of Buchalter. “We look forward to further increasing our presence in Sacramento and the Central Valley in the near future.”

In a news release, the firm said Dyer’s role at Buchalter will focus on establishing the firm’s presence in the state capital, spearheading the new Financial Regulatory and Compliance Group and offering valuable insight as a member of the firm’s Board of Directors.

The news release continues:

He has more than 25 years of experience as a corporate and financial institutions lawyer with a background in public accounting and in his practice, he assists clients – private and public enterprises and financial institutions – on a range of corporate matters including corporate governance, mergers and acquisitions, and regulatory compliance. He regularly serves as outside general counsel to a number of these organizations in the California Central Valley, advising them as they develop new products, services or enter new markets. Jim earned his J.D. from Texas Tech University School of Law, and his B.A. from California State University, Sacramento.

“Buchalter is very well-established in the California market, and I’m excited for the opportunity to deepen that footprint and lead the new team as we counsel Sacramento and other Central Valley businesses on some of the most pressing corporate, finance, and real estate matters,” said Jim. “In addition to the leadership opportunity, I was drawn to Buchalter because of its entrepreneurial-like culture. It is unique in today’s law firm market.”

Gwenn’s role at Buchalter will include chairing the new Energy & Natural Resources Group firm-wide. She represents public and private entities, assisting with large infrastructure projects, and the development, negotiation, and administration of traditional energy, gas and renewable portfolios. Gwenn represents a major grid operator with contract and regulatory matters and advises on the management of a portfolio of energy contracts that reached $46 billion. She advises on complex transmission and interconnection issues, utility rate cases, and represents clients at the CPUC, CEC, CARB, and FERC. Her public finance work has involved representing cities, counties, and state agencies in public finance transactions as bond or underwriter’s counsel. Gwenn received her B.A. and J.D. from the University of California, Berkeley.

“I am thrilled to be a part of Buchalter’s expansion into Sacramento and the Central Valley,” said Gwenn. “The firm’s strong regional footprint will allow us to expand the Energy and Natural Resources practice state-wide while providing our existing clients with a full range of business services and an exceptional experience.”

Buchalter also announced that both Anna Crivelli and Weston Rockers joined as associates formerly with Downey Brand. Anna focuses her practice on representing financial institutions in a variety of corporate, regulatory, and compliance matters. She also represents general business clients on a variety of corporate and real estate matters. She earned her J.D. from the University of California at Berkeley School of Law and her B.A. from California Polytechnic State.

Weston’s practice focuses primarily on representing lending institutions, landlords, tenants, and developers on issues related to commercial leasing, purchase and sale, acquisition and development, and project finance. Weston also has experience counseling clients on entity formation, business and asset purchase and sale transactions. He earned his J.D. and M.B.A from Pepperdine University and his B.S. from the University of Kansas.

Valerie specializes in complex litigation and has represented a broad range of clients before state and federal courts. She represents her clients on a variety of matters, including those involving energy, antitrust, trade secrets, intellectual property, labor and employment issues, and more. Valerie received a B.A. Degree in Political Science from San Francisco State University and her J.D. from the University of California, Hastings College of the Law.

Meghan focuses on energy matters including power purchase agreement negotiation, generator interconnection matters and regulatory issues. Prior to joining California Power Law Group, she worked at a national law firm specializing in public finance and, before entering law school, served as a budget analyst at the California State Treasurer’s Office. Meghan earned her B.A. in history from California State University, Sacramento, and her J.D. from the University of the Pacific, McGeorge School of Law.

Ann has significant legal experience in the public and private sectors, specializing in contracts, transactional finance, corporate law, policy development, and regulatory compliance. She has advised public and private entities on asset-based and project financings, stock and asset purchases, mergers and acquisitions, and secured and unsecured credit facilities. Ann received her B.A. from University of California, Davis, her J.D. from UCLA School of Law and an LL.M. from the University of Cambridge. Ann will split her time between the Sacramento and San Francisco offices.

Dylan Wiseman, Buchalter’s Recruiting Chair for Northern California, was instrumental in the opening of the firm’s Sacramento office. “I am excited to see the opening of our Sacramento office come to fruition and I look forward to working with such a talented team of attorneys,” said Dylan. He will also serve as chair of the Litigation Practice Group in Sacramento. The new office is located at 500 Capitol Mall, Suite 1900.

DLA Piper announced the addition of David Sager to the firm’s litigation practice as a partner in the Short Hills, New Jersey, office.

Sager, who has more than 25 years of experience as a litigator, represents clients in the US and abroad in deal-related litigation, class action defense, real estate, franchise and distribution, securities and intellectual property matters, the firm said in a news release.

“David has developed a strong reputation as a top-notch litigator,” said James Brogan, co-chair of DLA Piper’s US Litigation practice. “His significant international experience will complement our global platform, and we’re certain that his understanding of franchise issues across so many industries will be immediately valuable to our clients.”

“We’re excited to welcome David to the firm, and we look forward to expanding our litigation capabilities here in New Jersey,” said Andrew Gilbert, co-managing partner of the firm’s Short Hills office. “With a host of regulatory changes expected in Washington, our clients will need experienced litigators like David in the years to come.”

Sager most recently chaired both the Commercial and Business Litigation Practice and the Franchise and Distribution Practice at Lowenstein Sandler. He is the latest addition to DLA Piper’s Litigation practice, which in recent months has also welcomed George Karavetsos (Miami), Thiru Vignarajah (Baltimore), Matthew Graves (Washington, DC) and Louis Ramos (Washington, DC).

Sager earned his J.D. from Duke University School of Law, and his B.A. from the University of Michigan.

Join Our LinkedIn Group

Quarles & Brady LLP toay announced that BTI Consulting Group has named partners Rowan P. Smith and Anthony A. Tomaselli to the 2017 BTI Client Service All-Stars list.

Smith and Tomaselli were recognized exclusively by corporate counsel for their leadership in outstanding client service. BTI, a strategic research provider that examines client experience through independent research, named 319 individual attorneys from 160 law firms to the 2017 list, the firm said in a news release.

The release continues:

Smith is a partner in the firm’s Phoenix office and focuses his practice on technology and intellectual property law, including patent prosecution, copyright and trademark registration, licensing, and technology-related transactions. He also counsels clients on non-patent matters, such as the registration and protection of copyrights, the filing and prosecution of trademark applications, and the protection of trade secrets

Based in the firm’s Madison office, Tomaselli is an intellectual property litigator, focusing on intellectual property matters, including patent, trademark, trade secret, copyright, licensing, and restrictive covenant disputes. In the past three years, Tomaselli has litigated cases that have resulted in verdicts for his clients totaling nearly one billion dollars. Tomaselli was previously the National Chair of the firm’s IP Litigation Team for over ten years. He also served on the firm’s client development committee, recruiting committee and associate review committee.

The New York Times is reporting that two large law firms said on Tuesday that they would combine to form a global firm amid continuing consolidation in the legal industry.

The combination of Norton Rose Fulbright and Chadbourne & Parke will create a single entity with more than 4,000 lawyers and expected annual revenue almost $2 billion. The combined firm will be known as Norton Rose Fulbright, reports Elizabeth Olson.

“Rumors had swirled recently that Chadbourne was looking for a combination, especially after some partners left the firm, including corporate and project finance partner Margarita Oliva Sainz de Aja, who joined Baker McKenzie last month, and bankruptcy partner Douglas Deutsch, who joined Clifford Chance last summer,” Olson writes.

Read the NYT article.

Join Our LinkedIn Group

Image by Images Money

The generic drug industry has come under fire the last couple of years because of staggering price increases, but now generic drug executives can expect to face tougher legal repercussions, reports MedCity News.

The efforts come in the wake of a 500 percent hike in the generic price of the EpiPen and the 5,400 percent jumpin the price of Daraprim for the treatment of potentially deadly parasite infections, writes Johanna Mayer.

In November 2016, Heritage Pharmaceuticals Inc. sued two of its former executives, Jeffrey Glazer and Jason Malek, using the Racketeer Influenced and Corrupt Organizations Act (RICO). And in December 20 states sued six companies, including Heritage, after a major antitrust investigation by the state of Connecticut.

“Experts predict that these diverse types of lawsuits could ignite a legal domino effect,” Mayer writes. “They also suspect that, as cases like these develop, they’ll expand to touch multiple prongs of the pharmaceutical industry, such as wholesale manufacturers and pharmacies.”

Read the MedCity News article.

Join Our LinkedIn Group

Uber Chief Executive Travis Kalanick said in a memo to employees that allegations from a former employee that she’d been sexually harassed at work, and that the company’s human resources department tried to cover it up was the first he’d heard of the incident. But two groups weren’t surprised, according to a report in The Los Angeles Times: women who work in tech, and Silicon Valley employment attorneys such as Kelly Dermody.

“There’s a phenomenon that happens in several industries, namely tech and financial services, where there’s a buffer around the men who are considered ‘high contributors,’ ” said Dermody, who has represented hundreds of women who work in the tech sector in gender discrimination cases. “They get to have a different set of standards, and their business success translates into them being above the law of the companies.”

Susan Fowler, the former Uber engineer who made the allegations, joined Uber as a site reliability engineer in November 2015. She claims that her manager at the time propositioned her, but Uber’s HR team told her it was the man’s first offense, so “they wouldn’t feel comfortable giving him anything other than a warning and a stern talking-to.” They also told her the manager “was a high performer,” writes reporter Tracey Lien.

Read the LA Times article.

Join Our LinkedIn Group

By Keli Johnson Swan
Scott & Scott LLP

Disputes involving software usage are on the rise for businesses of all sizes. In some cases, technical teams respond to a software publisher’s or a third party’s audit request and provide significant amounts of data without notifying anyone on the corporate governance or the legal teams. It is critical for those teams to evaluate the publisher’s legal ability to audit, and to identify the data the publisher is entitled to request.

It is not uncommon for the legal team to discover the existence of a software audit or license verification after the company has received a demand for damages arising from alleged over-usage of software.

Often, employees responding to an audit request do not understand the request and provide inaccurate or incomplete information. Once this information is disclosed, it can expose the business to a damages claims arising from any license deficiencies. If the information is inaccurate, it is an uphill battle to rectify it and reach a resolution.

There are a few key tips to minimize unauthorized disclosures and to avoid potential liability.

1. Institute Communications Protocols for Inquiries from Third Parties

Depending on the size of the company, there may be varying resources available to respond to an audit request. Whether a company has a single person in charge of the IT assets, outsources to a managed services provider or other third party vendor, or dedicates an entire department to managing software deployments and licenses, it is helpful to institute protocols outlined in an employee handbook (or vendor agreement) that prevents individuals from disclosing information without seeking management’s approval.

Some types of audits appear to be non-threatening “license verifications” or requests for software asset management reviews, which sometimes creates a false sense of security for individuals who may otherwise seek management approval prior to sharing information. Even these seemingly innocent requests should be treated with caution.

It is helpful to have an established protocol that employees can reference when they receive a request for information related to software assets. The teams should be required to notify the legal and governance representatives as part of the protocol.
It is also important to ensure in any agreements with a third-party IT vendors that they will not release any information without company approval, even if the third party manages all software on the company’s network.

2. Educate Business and Procurement Teams

Larger companies may dedicate entire departments to the business side of software negotiations, including management and procurement. These negotiations should always be supervised by inside or outside counsel.

Sometimes, during the business negotiations, these teams may disclose information regarding the company’s software installations that the publisher later tries to use as leverage in future negotiations. For instance, if during a business negotiation, the procurement team describes a current use case that is outside the scope of the license grant, the publisher may claim that it is entitled to payment for the past improper usage.

It is crucial that these departments are trained on the specific types of information that may be disclosed and to ensure that the information provided is properly vetted for accuracy and legal implications.

3. Routinely Conduct In-House Self-Audits

Finally, a company should assign a specific individual or team to conduct routine self-audits and internally track entitlements to ensure license compliance. The benefits of this process is two-fold: 1) If the company receives an inquiry regarding its software licenses, it can quickly and accurately collect the necessary information, and 2) the information can be verified by the IT staff and management prior to disclosing it to a third party.

The first step in receiving a software-related inquiry is to identify what type of information is being requested, and whether a response is mandatory. In some of these situations, a company has no obligation to respond. In others, a failure to provide a timely response may escalate the matter to potential litigation. All inquiries should be brought to the attention of both management and the legal department to determine how to proceed.

A webinar featuring the chief operating officer of Interfor International will discuss corporate security as it continues to evolve in a growing and complex matrix of threats and responsibilities.

The webinar will be Thursday, March 2, at 2 p.m. EST.

Don Aviv, CPP, PSP, PCI, Chief Operating Officer, Interfor International, will take a look at the 2017 security landscape and explore four trends central to delivering quality corporate safety and security.

During the webinar, he will discuss:

1. Successfully deploy corporate security systems:
2. Improving workplace violence awareness and response
3. Protecting the lone employee and duty of care responsibility
4. Enhancing global employee communication and location awarenesscu

Register for the webinar.

Image by David Adam Kess

My Other Bag sells inexpensive canvas tote bags that are obvious parodies of pricey designer bags. Luxury handbag maker Louis Vuitton doesn’t get the joke. In a post on its website, Androvett Legal Media & Marketing explains the company filed a trademark infringement suit in New York that was tossed out because the judge said it was clear the canvas bag wasn’t a typical knockoff copy. Earlier this week, an appeals court judge said he wouldn’t reconsider that decision.

Chris Schwegmann, an intellectual property partner at Dallas-based Lynn Pinker Cox Hurst, agrees Louis Vuitton missed the joke:

“This case is very different from most counterfeit litigation. Just by looking at them, the products sold by My Other Bag are clearly not Louis Vuitton bags. That is part of the joke.

“This lawsuit is a cautionary tale that trademark holders need to pick and choose their targets carefully. Sometimes by suing, you bring more attention to the alleged infringer, and in this case, it seems that Louis Vuitton is the butt of the joke. There are several examples of trademark holders sending silly cease and desist letters, only to have the action backfire on them in a very public way.”

Robert A. Wade, who has counseled healthcare institutions for more than 25 years, has joined Barnes & Thornburg LLP’s South Bend office as a partner in the Healthcare Department.

Wade represents large health systems, hospitals, ambulatory surgical centers, physician groups, physicians and other medical providers on a variety of legal issues.

“We are excited to have Bob join Barnes & Thornburg, as he brings a tremendous wealth of experience,” said Laura Seng, chair of the firm’s healthcare department. “The healthcare industry has undergone numerous changes in recent years and will continue to evolve. Bob’s addition to our healthcare team will provide clients with important counsel on critical issues they face.”

Wade has experience with matters involving the Stark Law, Anti-Kickback Statute, False Claims Act, and Emergency Medical Treatment and Active Labor Act, the firm said in a news release. Additionally, he counsels clients in developing, monitoring and documenting effective healthcare compliance programs. He also represents healthcare clients being investigated by the U.S. Department of Justice and the Office of Inspector General. Currently, he serves as Compliance Expert to the Board of Commissioners of Halifax Health, a hospital system in Daytona Beach, Florida, advising on all aspects of their Corporate Integrity Agreement.

The release continues:

Wade joins the firm’s national healthcare group that advises all types of providers on complex regulatory issues related to Medicare and Medicaid compliance, adherence to state and federal licensure regulations, and the impact of the Affordable Care Act, among other issues.

He is a frequent speaker at national and regional healthcare legal, compliance and regulatory conferences. He has been recognized on The Best Lawyers in America and Indiana Super Lawyers lists for his work in healthcare law since 2009. He serves on the editorial advisory boards for Strategies for Health Care Compliance and for the Report on Medicare Compliance.

Wade earned his J.D., summa cum laude, from The Ohio State University Moritz College of Law, where he served as the managing editor for The Ohio State University Law Journal and was a member of the Order of the Coif and Omicron Delta Kappa. He received his bachelor’s degree, summa cum laude, from Bowling Green State University.

Employment and labor law firm Littler has added Gary Clayton as a shareholder in its Dallas office. Clayton joins from ADP, LLC, a global provider of cloud-based human resources management solutions, where he served as senior director of privacy programs. Clayton has experience in privacy, data protection, data governance and cybersecurity.

“Employers are facing daunting challenges in an era of rapid technological developments impacting the workplace and continued data breaches that often originate with employees,” said Tom Bender and Jeremy Roth, Littler’s co-managing directors. “With extensive experience advising with some of the world’s largest companies, Gary will further strengthen our ability to counsel clients navigating employee privacy and data protection issues in a technology-driven workplace.”

In a news release, the firm said that Clayton, as a member of Littler’s Workplace Privacy and Data Security practice, will work closely with practice co-chairs Philip Gordon and Rod Fliegel to counsel clients on compliance with U.S. and international privacy and data protection laws and regulations. Drawing on his vast experience building, implementing and assessing privacy programs, procedures and training, Clayton will also counsel clients on establishing privacy policies and strategies that reduce the risk of data breaches and exposure to litigation and government enforcement actions.

The release continues:

During his time at ADP, Clayton developed and managed global privacy programs for the company with an emphasis on employment-related data and served as regional privacy officer for Latin America. Prior to joining ADP, Clayton founded a consulting firm that advised several Fortune 500 companies, government agencies and intelligence organizations in the development and implementation of privacy governance and training.

Clayton has advised companies in the airline, automotive, energy, financial services, retail, technology and travel industries, among others, and has provided professional privacy services to the U.S. Department of Homeland Security, the U.S. Department of Transportation, the Office of National Risk Assessment and the Federal Trade Commission. Clayton has also testified before Congress, state legislatures, government agencies and international organizations on privacy, data breaches, risk prevention and workplace monitoring.

“Cybersecurity and data privacy continue to be among the most pressing issues facing companies. I’m excited to join Littler, a firm that combines a strong record of innovation with a well-deserved reputation as the foremost authority in advising on issues related to workplace privacy,” Clayton said. “I look forward to working with Phil, Rod and the many other talented lawyers at Littler who have a deep understanding of the key issues impacting employers that want to take advantage of the many opportunities offered by technology and big data, while ensuring compliance with the complex array of laws governing this space.”

Clayton has tried more than 30 cases to verdict or judgment in federal and state courts. He has also published numerous articles, reports and books on data privacy and compliance, and is a member of the International Association of Privacy Professionals, a Certified Information Privacy Professional (CIPP/US) and a fellow of the Ponemon Institute’s Responsible Information Management Council. Clayton received his J.D. from the Paul M. Hebert Law Center at Louisiana State University and his B.A. from Louisiana State University.