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.
His experience includes clearance, registration and protection of trademarks, trade dress and designs; opposition and cancellation proceedings in the TTAB; UDRP and other domain name proceedings; registration and protection of copyrights; negotiation and drafting of a variety of coexistence, licensing and other IP-related agreements; and providing IP support on various M&A and financing transactions, most recently including a groundbreaking series of securitization deals involving music and television rights involving household-name artists.
Businesses ranging from small start-ups to multi-billion-dollar corporations turn to Bob for help developing and implementing cost-effective domestic and global branding and trademark protection plans. They hail from the financial services, food & beverage, apparel, retail and pharmaceutical industries, among others.
Bob’s significant transactional experience includes a trademark and merchandise license agreement for a large resort casino in Las Vegas, and naming rights and sponsorship agreements for a major league sports stadium and a prominent performing arts center.
He also has extensive commercial litigation and dispute resolution experience in both intellectual property and other matters in state and federal trial and appellate courts, in inter partes and appellate matters before the Trademark Trial & Appeal Board, and in UDRP arbitration proceedings. Noteworthy reported cases include: Coach Services, Inc. v. Triumph Learning LLC, 96 U.S.P.Q.2d 1600 (TTAB September 17, 2010) affirmed, 668 F.3d 1356 (Fed. Cir. 2012).
In the 2023 edition of World Trademark Review 1000, a listing of the world’s top trademark practitioners based on peer and client surveys, Bob received top-tier rankings for trademark prosecution and strategy with clients praising him for his “pragmatism, calmness, under pressure and fine-grained, detailed work product. Previously, WTR 1000 reported that Bob “wins effusive praise for his “pragmatic approach and unparalleled attention to detail.” “Simply stated, he is among the most cost-effective, business-oriented lawyers in any specialty.” “He is of incredible value – he matches anybody on expertise and exceeds most, if not all, on responsiveness and efficiency.” In prior years, WTR 1000 reviewers have said: “He never fails to address domestic and global branding issues quickly and comprehensively, causing one client to profess: ‘He is the only lawyer that I would use for trademark work in the Boston area.’” Bob has been characterized as a “distinguished” and “highly respected practitioner” with “a great reputation” in multinational mandates, who is “a trusted adviser in helping to build value in…brands” and “commands respect” particularly in the strategy and commercial field.” He has been listed in WTR 1000 each year since its inaugural edition in 2011, as well as WTR’s Global Leaders short-list since 2019.
Noteworthy past and present client engagements include:
A famous sports footwear and apparel brand with trademark enforcement and opposition matters;
The world’s largest retailer with trademark clearance matters across several business lines, as well as complex trademark prosecution and TTAB matters;
A “super-regional” bank with a portfolio of hundreds of federal and state trademarks and an active TTAB and UDRP enforcement program;
A global spirits company with hundreds of brands and an extensive enforcement docket;
A leading global private equity firm;
A national women’s apparel retail chain with stores across the United States and Canada; and
A branded pharmaceutical company with pioneering products for both human and veterinary medicine.
The principal focus of his practice has been the representation of private credit lenders, private funds, and other alternative lenders in providing credit to borrowers in special situations in a wide range of businesses and industries, including pharmaceuticals, maritime, aviation, healthcare, automatic, energy, steel, retain, financial, media, entertainment and telecom. In addition, Robert regularly represents ad hoc groups of creditors in chapter 11 restructurings and out-of-court workouts.
Robert is known for his creative, solution-oriented approach to complex restructurings and distressed transactions. As one client noted in The Legal 500 (2025): “Rob Trust’s expertise in crafting creative and effective solutions sets him apart from competitors. He has an ability to collaborate seamlessly, address complex challenges, and remain highly responsive under tight timelines, which is invaluable.”
A veteran antitrust litigator, Rob has litigated and counseled on high-profile antitrust matters on behalf of leading companies in a wide range of sectors, including litigated merger challenges, putative antitrust class actions, government antitrust investigations, and private actions against competitors. He has successfully litigated cutting-edge competition matters, including defending against allegations of algorithmic collusion and price-fixing through the use of software.
From late 2018 through early 2019, Rob completed a secondment at the litigation department of a major media company.
Rob maintains an active pro bono practice, where his work has focused primarily on benefits applications and appeals for low-income disabled veterans.
Prior to joining Orrick, Rob was an active-duty Army JAG officer, where he served as a Special Assistant U.S. Attorney, an administrative law attorney, and a special victims counsel, among other roles. As a Special Assistant U.S. Attorney, he first-chaired more than 10 trials in federal court, including two jury trials.
Robert is a technology litigator and trial lawyer focused on software, security technology, and emerging internet law and digital crimes issues. Robert has helped establish landmark precedent under the Copyright Act, the Computer Fraud and Abuse Act, California Penal Code 502, and Digital Millennium Copyright Act, and he has successfully tried multiple cases to verdict, including under the Patent Act. In addition to litigation work, Robert also counsels companies ranging from market leaders to start-ups on issues related to intellectual property, security, and incident response. Robert brings a creative, business-oriented approach to helping clients develop, acquire, and protect their most important assets.
Robert is committed to improving diversity in the legal profession. He co-chaired Orrick's Silicon Valley Diversity Committee for many years and is one of the firm-wide facilitators for Orrick’s Latinx Inclusion Network. Robert is also committed to pro bono work. He received Orrick's Pro Bono Award in 2019 and the Legal Aid Association of California's 2015 Family Law Pro Bono Award. Robert currently serves as a member the board of directors for the San Mateo County Legal Aid Society.
Robert served as a law clerk to U.S. District Judge Oliver W. Wanger in the Eastern District of California prior to commencing private practice.
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.