Clem acts as lead counsel for companies of all sizes across a broad range of industries. He has lead cases dealing with machine learning and AI, medical devices, network security, pharmaceuticals (both Hatch Waxman and competitor cases), video games, battery chemistry, consumer electronics, blockchain and other payments systems, streaming video, ticketing systems, telecommunications, and many more.
Clem has an active trial practice. In 2023 alone, Clem acted as lead counsel for teams that won two jury verdicts, three ITC proceedings, and numerous IPRs and dispositive motions.
Clem has been recognized in the Daily Journal’s list of the top 75 IP Litigators in California. In the latest Chambers USA rankings, clients note he is a “very persuasive advocate who knows the law inside out and is able to get to the heart of the issue very quickly.“ Managing Intellectual Property described him as a “highly respected litigator in the California IP market and beyond.” Intellectual Asset Management’s Patent 1000 notes he is a “commercially savvy first-chair trial lawyer,” a “tenacious, pragmatic litigator who excels at finding innovative solutions,” “one of the best writers anywhere” and a “fantastic negotiator.”
Current clients include Sonos, Take-Two, Johnson & Johnson, Altice, Roblox, Go1, Checkpoint, RingCentral, Smart Contract, Hisense and Only Fans.
Clem serves on Orrick’s Management Committee and formerly served as head of the firm’s 100-lawyer IP practice.
Clem also maintains an active pro-bono practice focused on environmental impact litigation. He lives in Marin and spends his free time cycling around Mt. Tam.
He regularly advises on bank regulations (including, but not limited to, the Bank Holding Company Act and Regulation Y; the Federal Reserve Act; OCC regulations; Regulations U, X, and T; Regulation W; Regulation K; New York Banking Law; and U.S. regulation of foreign banks); CFTC and derivatives regulatory matters (including uncleared swap margin and capital rules, commodity pool operator and commodity trading advisor requirements, product and registrant definitions, the application of CFTC requirements to digital assets, the cross-border framework, swap data reporting, business conduct rules, mandatory clearing and related exceptions, and various key issues for derivatives end users); broker-dealer regulation; regulation of fintech companies, including digital asset clients, robo-advisers, and nonbank lenders; the Investment Advisers Act; the Investment Company Act; and the securities laws generally.
He also regularly negotiates equity and other types of derivatives transactions and related derivatives documentation on both the sell and the buy sides. In addition, he represents issuers and underwriters in commercial mortgage, auto loan, credit card, and other types of securitizations. He also has a broad background in mergers and acquisitions, capital markets, venture capital, corporate governance, and general corporate matters.
Cosmas provides guidance on issues relating to numerous privacy and cybersecurity laws, including:
U.S. state privacy laws
U.S. state breach notification laws
U.S. state consumer health data privacy laws
Health Insurance Portability and Accountability Act (HIPAA)
Federal Trade Commission Act (FTC) Act
Telephone Consumer Protection Act (TCPA)
EU and UK General Data Protection Regulation (GDPR)
Cosmas graduated with honors from Harvard Law School. During law school, he participated in the Berkman Klein Center's Cyberlaw Clinic, completed a clinical placement in the Securities, Financial & Cyber Fraud Unit of the United States Attorney’s Office for the District of Massachusetts, and interned with the Special Assistant for Legal & Legislative Matters to the Secretary of the Navy. Prior to law school, Cosmas served as a submarine officer in the U.S. Navy.
Cosmas is accredited by the International Association of Privacy Professionals (IAPP) as a Certified Information Privacy Professional in the United States (CIPP/US).
Kevin’s experience includes various general obligation and revenue bond financings, including those relating to transportation, multi-family housing, higher education, public power, sewer and water, and hospitals.
He has extensive knowledge and experience with federal securities laws issues in public finance, including both initial and continuing disclosure issues, material events disclosure, public statements liability, public offerings and private placements and other matters.
Kevin is a frequent speaker at conferences, seminars and webinars given by trade and professional organizations within the public finance industry.
Prior to entering private practice, Kevin was an Assistant Corporation Counsel in the Municipal Finance Division of the New York City Law Department.
Emma works on a wide range of civil dispute matters, from issues developing at the cutting edge of the intersections of technology and the law, to those that make up the core of commercial disputes.
Clint previously led Orrick’s global Financial & Fintech Advisory practice, a team that delivers synthesized regulatory, enforcement and transactional advice to more than 700 fintech market participants, as well as other leading financial institutions and funds.
Since 2010, Clint has been featured as a leading advisor in Chambers USA in the area of Financial Services Regulation: Consumer Finance (Compliance). Chambers has described him as "very adept at seeing legal issues from a business perspective and very good at protecting the interests of his client … a phenomenal lawyer." He is a member of the American Bar Association Consumer Financial Services Committee, the University of London Post Graduate Law Society and the Bentham Society at University College London.
Clint was one of the original members of Buckley Kolar LLP and served as Co-Managing Partner and a member of the partner board at Buckley LLP. Prior to joining Buckley, he was with Goodwin Procter LLP in Washington, D.C.
Please do not include any confidential, secret or otherwise sensitive information concerning any potential or actual legal matter in this e-mail message. Unsolicited e-mails do not create an attorney-client relationship and confidential or secret information included in such e-mails cannot be protected from disclosure. Orrick does not have a duty or a legal obligation to keep confidential any information that you provide to us. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.
By clicking "OK" below, you understand and agree that Orrick will have no duty to keep confidential any information you provide.