Media and Privacy Defense

As a former journalist, Mr. Clark has a unique perspective on the risks facing traditional newsrooms and online publications. He has extensive experience litigating cases on behalf of journalists, media outlets, publishers, advertisers, digital marketers, and lead generators against claims related to defamation, invasion of privacy, right of publicity, reporter’s privilege, and more. Mr. Clark also has litigated cases related to a variety of privacy and consumer protection statutes across the country, including the TCPA, CAN-SPAM Act, BIPA, CIPA, and the CCPA, to name a few. His work in this space has been widely recognized – from 2017 to 2020, he was selected by Chambers USA as an “Associate to Watch” in Illinois Media & Entertainment Litigation. Since 2021, Mr. Clark has been selected for inclusion in Best Lawyers: Ones to Watch in America® for Litigation - Intellectual Property. Mr. Clark also has deep ties to the field of media law – his first legal job was as an intern for Media/Professional Insurance (now AXIS PRO), and prior to law school, Mr. Clark studied news editorial journalism at the Missouri School of Journalism, where he won several awards for his journalistic writing at the Columbia Missourian.

Data Privacy and CyberSecurity Advising

Mr. Clark brings his knowledge as a litigator to bear in advising clients on data privacy and cybersecurity issues. His goal is to avoid litigation, but if it cannot be avoided, he wants his clients to be in a position to maximize privilege and have a strong defense. Mr. Clark has been on the front lines of advising on the ever-changing statutory and regulatory schemes related to data privacy for more than a decade, advising on GDPR, CCPA, NYDFS CyberSecurity Regulations, and a host of other statutes and regulations. He takes a practical approach to compliance, working closely with clients to understand their needs and to create policies and procedures that are right for them, rather than forcing a one-size-fits-all model. Mr. Clark routinely helps companies across a variety of industries prepare privacy policies, terms of use, privacy notices, data retention policies, data destruction policies, data security audits, and internal data security policies.

General Litigation

In addition to his work in media and privacy litigation, Mr. Clark has extensive experience as a general commercial litigator, working on topics as varied as copyright, trademark, consumer fraud, warranty, breach of contract, restrictive covenants, environmental, construction, and insurance law. Mr. Clark’s deep understanding of class action litigation has made him an asset to many litigation teams dealing with class action claims. He is a member of the Trial Bar for the Northern District of Illinois and has first-chair trial experience in federal court, as well as experience handling appeals at the state and federal levels, including multiple cert petitions to the U.S. Supreme Court.

Data Breach Response

Mr. Clark has helped dozens of companies around the world navigate the difficult and complicated process of responding to a data breach. He has been involved in responding to nation-state attacks, ransomware attacks, denial of service attacks, phishing attacks, lost laptops, and every other type of breach one can imagine. Mr. Clark helps clients conduct internal investigations, understand their obligations, and respond in an appropriate fashion, with the goal of avoiding litigation or putting the client in the best position for any future litigation. Rather than employing a cookie-cutter approach, Mr. Clark works with clients to determine what response makes the most sense for them.