San Francisco
Clem acts as lead counsel for companies of all sizes across a broad range of industries. In recent years he has lead cases dealing with medical devices, network security, anti-cancer drugs, 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 the Orrick’s Management Committee and is former 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.
Santa Monica
Robert represents startups throughout all stages of their lifecycle, including formation, corporate and securities law, venture capital financings and corporate governance matters. A Silicon Valley native, he’s passionate about counseling founders to best position their businesses for success. In addition to advising startups, Robert advises investors in connection with their investments in private companies.
Prior to joining Orrick, Robert received his Juris Doctor from the UCLA School of Law and a Bachelor of Science from the University of Southern California’s Marshall School of Business.
San Francisco
He represents plaintiffs and defendants in complex trade secret misappropriation cases and has conducted numerous TRO and preliminary injunction hearings in aid of these cases. His practice also includes counseling relating to trade secrets misappropriation and non-compete/non-solicitation agreements.
Rob has broad experience in commercial litigation, having litigated claims of securities fraud, lender liability, breach of contract, breach of fiduciary duty, breach of warranties, claims arising from securitization transactions and other business fraud.
Rob's experience in employment-related litigation includes defending claims of discrimination, wrongful discharge, retaliation, sexual harassment and breach of contract. His practice also includes counseling relating to trade secret misappropriation and non-compete/non-solicitation agreements.
U.S. and international clients with significant California presence turn to Rob to represent them in complex matters, including numerous financial services companies. He handles both jury and bench trials, as well as AAA, JAMS and FINRA (formerly NASD and NYSE) arbitration hearings.
Rob serves as the chair of the Firm’s Practice Management Committee, and is a member of the firm’s Risk Management Committee. Rob previously served as head of the San Francisco office. Rob contributes pro bono hours to the Humane Society and Point Blue Conservation Science each year.
Silicon Valley; Los Angeles
Silicon Valley; Los Angeles
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.
New York
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.
Please note: Robert’s experience includes that prior to joining Orrick.
Boston
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:
Washington, D.C.
He currently is national coordinating counsel for a major oil company in connection with its climate change litigation. He previously served as co-lead counsel to a major international pharmaceutical manufacturer in the defense of nationwide litigation challenging industry pricing practices.
Rob’s experience includes extensive work in antitrust and False Claims Act cases, claims alleging fraud, and agency enforcement actions. His pharmaceutical industry activities include service as outside counsel to and Corporate Secretary of the Pharmaceutical Security Institute, Inc., the industry’s not-for-profit trade organization dedicated to the fight against pharmaceutical counterfeiting.
He is Managing Editor of The World in U.S. Courts, Orrick’s quarterly review of court decisions addressing personal jurisdiction over non-U.S. parties and the extraterritorial application of U.S. law to global business and cross-border activities.
Rob also served two terms on the District of Columbia Bar’s Pro Bono standing committee. Before joining Orrick, he was a partner in Hughes Hubbard & Reed LLP and Clifford & Warnke, in Washington, D.C.
New York
Rob has experience with a wide variety of asset classes, including credit and charge card receivables, auto loans and leases, dealer floorplan receivables, consumer and small business loans, student loans, tender option bonds and residential mortgages. He represents a variety of market participants, including issuers, sponsors, underwriters, placement and remarketing agents, lenders, borrowers and liquidity providers. Rob also advises clients on the application of securities laws and other financial industry regulations, including Regulation AB II and the rules and regulations promulgated under the Dodd-Frank Act.
Rob joined Orrick in 2005. He serves as Hiring Partner in the New York Office and is a member of the firm’s Professional Development Committee.
Wheeling, W.V. (GOIC)
Wheeling, W.V. (GOIC)
Prior to joining Orrick, Robert was a Senior Associate in the Pittsburgh, PA office of the global law firm Reed Smith LLP and a Senior Attorney at Houston Harbaugh, P.C., also in Pittsburgh. At Reed Smith and Houston Harbaugh, Robert represented clients in a wide range of complex commercial litigation, with a focus on product liability, mass/toxic tort defense, and commercial contract disputes, including insurance coverage matters. Robert has represented numerous companies in environmental, toxic tort, and asbestos litigation on a national level. Robert also has represented both policyholders and insurers in insurance contract litigation. He has extensive experience litigating complex matters in state and federal courts, as well as alternative dispute resolution.
Washington, D.C.
The breadth and depth of Bob's appellate experience, and his consistent track record of success in high-stakes matters, are why clients, including top tech and energy companies, trust him with their most important cases.
The National Law Journal’s Litigator of the Week column recently recognized Bob’s appellate major wins in energy and product liability cases for Broadreach Power and Johnson & Johnson. Bob’s recent victories also include Fifth Circuit wins for energy clients Cheniere and Eni. In the Cheniere-Midship case, Bob obtained an emergency stay from the court of appeals of the regulating agency proceedings and, then after oral argument, achieved a full victory. And for Eni, Bob convinced the Fifth Circuit to vacate a $300M judgment against Eni in a dispute with another energy company. These types of big wins in the most challenging cases show why both Chambers and Legal 500 rank Bob among the Country’s top appellate advocates.
Bob has argued before the Supreme Court multiple times (including a 9-0 victory regarding application of the Fourth Amendment to rental cars), and has filed hundreds of briefs in the Supreme Court. He has also handled cases in highest state courts in California, New York, Maine, Kentucky and New Jersey.
Before joining Orrick, Bob served as one of the leaders of an elite appellate group at the Department of Justice. There, in addition to major national security, commercial, and administrative law, Bob supervised bankruptcy appeals. At Orrick, Bob has continued to handle big ticket bankruptcy matters, such as a billion-dollar dispute over whether DHL’s claim was discharged by United’s bankruptcy, appeals from the City of Stockton bankruptcy confirmation, and a Ninth Circuit matter involving the interplay of the Takings Clause and bankruptcy law.
Bob’s recent work includes matters for Johnson & Johnson, Avon, Microsoft, Eni, Cheniere Energy, Freeport LNG, Broadreach Power, LS Power, Exxon, Medidata, Renco, MSC Cruise Line, Golden 1 Credit Union, Credit Suisse, TravelCenters of America, Gannett, and the City of Stockton.
Düsseldorf
Robert has always been fascinated by new technologies and digitization. Pursuing his fascination, he focused his legal studies on media law, intellectual property law and data protection law. Prior to working at Orrick, he also gained experience by founding a company that provided a software as a platform solution and working for a German venture capital investor. His legal advice on technology transactions—in particular, SaaS and IP agreements, e-commerce-related topics, related assistance in mergers and acquisitions or core data privacy—thus reflects not only his legal experience but also his experience and fascination with new technology. Being an IT and IP lawyer with a very commercial mindset, Robert drafts and negotiates all sorts of IT and IP agreements, for small to medium companies and large multinationals. He advises on privacy compliance—in particular drafts, privacy policies, and national as well as international data processing agreements—or provides his knowledge with the assessment of the IP/IT and privacy matters in M&A transactions.
He joined Orrick in 2017 after working as a scientific researcher in the field of Data Privacy.
Washington, D.C.
Washington, D.C.
His practice focuses on project finance transactions in the energy and infrastructure sectors.