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Schwabe, Williamson & Wyatt

Xavier Clark

Xavier Clark

Of Counsel

Expertise

  • IP Litigation
  • Intellectual Property
  • Privacy and Data Security
  • Business and Corporate

WSG Practice Industries

Activity

WSG Leadership

WSG Coronavirus Task Force Group
Member
Profile

Xavier Clark brings unique experience working at the intersection of legal issues and the technology industry. Proficient in most commonly used regulatory frameworks, Xavier leverages his prior in-house experience focusing on privacy, security and commercial contracting for companies in the technology and healthcare industries.

Xavier works with standards development organizations to advise on legal matters throughout their lifecycles, including: formation, corporate governance, operations, liaison relationships, data privacy and data hygiene policies, antitrust counseling, IP licensing, IPR policies, brand and logo use guidelines, patent pool fostering, and export control issues. He enjoys helping clients understand and comply with their obligation for the proper handling and use of data in day-to-day business operations.

Analytically minded and people-focused, Xavier serves as a collaborative liaison between legal, compliance, risk management, information security and business teams. Well-versed in contract review and negotiation, policy management, and risk analysis, Xavier is a veteran issue-spotter, working toward early threat identification and assessment to develop and implement action plans that mitigate harm.

Bar Admissions

  • Oregon State Courts

Education

  • Western Washington University, Bachelor of Arts degree, Spanish Language and Literature (2005)
  • Lewis & Clark Law School, Juris Doctor degree (2013)
  • International Association of Privacy Professionals (IAPP), Certified Information Privacy Professional: U.S. Private Sector (CIPP/US, 2016) and Europe (CIPP/E, 2019)
Areas of Practice

Business and Corporate | Intellectual Property | IP Litigation | Privacy and Data Security | Trademarks, Copyrights, Marketing and Advertising

Professional Career

Significant Accomplishments

  • Advising and providing legal support to clients related to their obligations under information privacy laws, including the General Data Protection Regulation (“GDPR”), California Consumer Privacy Act (“CCPA”), Children’s Online Privacy Protection Act (“COPPA”), California Online Privacy Protection Act (“CalOPPA”), Health Insurance Portability and Accountability Act (“HIPAA”), Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), Family Educational Rights and Privacy Act (“FERPA”), Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”), and state data breach notification laws.
  • Preparing privacy policies for websites and mobile applications.
  • Negotiating contractual provisions allocating risk between clients and service providers related to personal data, trade secrets, and confidential information.
  • Advising on representations and warranties related to privacy and security in M&A transactions.
  • Advising clients regarding laws that apply to email marketing and online advertising.
  • Advising clients on matters relating to cloud storage and use of cookies, Google Analytics, and other common technologies in their websites.

Articles

  • OP-ED: Evolving Privacy Laws Present Challenges for Smart Buildings
  • Opinion: Remote Work Delivers a Gift Basket to Bad Actors
  • The Walls Have Ears: Privacy and Risk in the Clubhouse
  • Countdown to 2021: Privacy & Data Security
  • Interim Final Rule Changes How Standards Organizations Make Determinations About Participation for Huawei and other Companies on the U.S. Entity List (Updated 08/14/2020)
  • Privacy Law Update: CCPA Proposed Final Regulations Submitted for Approval
  • Two Schwabe attorneys on how businesses can reduce online privacy, security and accessibility risks through digital spring cleaning
  • Seattle-area Employers Coping With the Coronavirus Crisis Face Expanded Data-Protection Challenges
  • COVID-19: Practical Considerations Before Disclosing Information
  • Countdown to the California Consumer Privacy Act: Key Components Every Business Should Be Aware Of
  • Ruling Dismisses Antitrust Claims Against AMTSO
  • OP-ED: Smart Technologies and Associated Cyber-Related Threats
  • Put Your Data House in Order: Reduce Risks and Improve Efficiency Through Good Data Habits
  • Breaking IP News: US Supreme Court Issues Landmark Decisions in Oil States and SAS
  • Tax Reform: What Does the Tax Cuts and Jobs Act Mean for the Technology Industry?

Seminar

  • The Evolution of Data Privacy in Tech
  • The Future Will See You Now: Privacy and Compliance in an Evolving Healthcare Industry
  • Data Breach and Privacy Workshop for the Manufacturing, Distribution and Retail Industry
  • Data Breaches and the Maritime Industry: Planning and Prevention
  • CCPA Compliance – Presentation at Navigate Hospitality Leadership Conference

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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