Eric draws on significant experience in a broad range of matters across the artificial intelligence, pharmaceutical, retail and hospitality spaces to help clients resolve disputes in high-exposure, complex antitrust and unfair competition litigation and class actions.
Eric regularly resolves litigation at the motion to dismiss and summary judgment phases. His advocacy spans matters in both the class action and business-to-business contexts. Eric also helps clients navigate civil and criminal investigations brought by the DOJ, the FTC and state attorneys general.
Eric is an active member of the American Bar Association’s Antitrust Law Section and the California Lawyer’s Association’s Antitrust and Unfair Competition Law Section. He maintains an active pro bono practice, including representing clients in section 1983 matters and immigration removal petitions.
Before joining Orrick, Eric served as a law clerk to Judge Michael M. Anello of the US District Court for the Southern District of Southern California. During law school, he was a judicial extern to Magistrate Judge Jan M. Adler of the Southern District of California, a law clerk in the Criminal Division of the California Attorney General’s Office, and a law clerk for the US DOJ’s Civil Division.
Adam is a disputes lawyer with a focus on high-stakes litigation and regulatory enforcement. He handles commercial disputes, internal investigations and regulatory enforcement matters.
Adam has acted on disputes for a wide range of commercial clients including financial institutions, professional services firms, shipping, energy and technology companies. He has pursued and defended claims (including in arbitration) for clients for breach of contract, misrepresentation, breach of fiduciary duties, negligence, breach of warranty, breach of confidence and fraud. Adam's cases are international in nature and often arise in an insolvency context in which he regularly assists clients with bringing and defending interim applications, and launching recovery and enforcement actions.
Adam also conducts internal investigations for companies and boards of directors and has represented companies, firms and individuals in regulatory inquiries and enforcement actions including those brought by the Financial Reporting Council (FRC), the Insolvency Service and the Serious Fraud Office (SFO). Adam has particular expertise in dealing with internal investigations and regulatory matters which relate to financial reporting, but has also acted in matters in the fintech, invoice finance and asset-based lending sectors. As part of his wider regulatory practice, Adam advises clients on the UK financial sanctions and export controls regime.
Recognised by Legal 500 as a recommended individual, Adam is described as “efficient and highly personable... excellent at running cases on a day-to-day basis”.
Braxton advises major financial institutions (tax equity investors and infrastructure funds), lenders, developers, and sponsors in the renewable energy sector—particularly those in the wind, solar, battery storage, biomass and energy tech space—to structure financings for their projects to take advantage of federal tax incentives like the Section 45 production tax credit (PTC), Section 48 energy investment tax credit (ITC), and accelerated depreciation (MACRS and “bonus”) using partnership flips, sale-leasebacks, public/private partnerships, and other structuring options. He has been particularly focused on providing clients with the latest guidance and opportunities relating to the Inflation Reduction Act including with respect to Section 6418 tax credit transfers, Section 6417 direct pay opportunities, domestic content, energy communities, and the prevailing wage and apprenticeship requirements.
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).
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