Xavier Clark brings unique experience working at the intersection of legal issues and the technology industry. Proficient in most commonly used regulatory frameworks, Xavier leverages his prior in-house experience focusing on privacy, security and commercial contracting for companies in the technology and healthcare industries.
Xavier works with standards development organizations to advise on legal matters throughout their lifecycles, including: formation, corporate governance, operations, liaison relationships, data privacy and data hygiene policies, antitrust counseling, IP licensing, IPR policies, brand and logo use guidelines, patent pool fostering, and export control issues. He enjoys helping clients understand and comply with their obligation for the proper handling and use of data in day-to-day business operations.
Analytically minded and people-focused, Xavier serves as a collaborative liaison between legal, compliance, risk management, information security and business teams. Well-versed in contract review and negotiation, policy management, and risk analysis, Xavier is a veteran issue-spotter, working toward early threat identification and assessment to develop and implement action plans that mitigate harm.
- Advising and providing legal support to clients related to their obligations under information privacy laws, including the General Data Protection Regulation (“GDPR”), California Consumer Privacy Act (“CCPA”), Children’s Online Privacy Protection Act (“COPPA”), California Online Privacy Protection Act (“CalOPPA”), Health Insurance Portability and Accountability Act (“HIPAA”), Health Information Technology for Economic and Clinical Health Act (“HITECH Act”), Family Educational Rights and Privacy Act (“FERPA”), Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”), and state data breach notification laws.
- Preparing privacy policies for websites and mobile applications.
- Negotiating contractual provisions allocating risk between clients and service providers related to personal data, trade secrets, and confidential information.
- Advising on representations and warranties related to privacy and security in M&A transactions.
- Advising clients regarding laws that apply to email marketing and online advertising.
Memberships & Awards
- International Association of Privacy Professionals, Member (2014-present)
- Best Lawyers in America Award: Ones to Watch, Technology Law (2021)
Resources & Ideas
Seminars & Speaking Engagements
- July 14, 2021
- May 6, 2021
- May 4, 2021
- March 30, 2021
- CCPA Compliance – Presentation at Navigate Hospitality Leadership ConferenceMarch 4, 2020
- Puget Sound Business Journal, May 3, 2021
- March 5, 2021
- Ring in the New Year with a Digital Audit to Reduce Online Privacy, Security, and Accessibility Risks December 21, 2020
- Interim Final Rule Changes How Standards Organizations Make Determinations About Participation for Huawei and other Companies on the U.S. Entity List (Updated 08/14/2020)August 14, 2020
- June 9, 2020
- Two Schwabe attorneys on how businesses can reduce online privacy, security and accessibility risks through digital spring cleaningPortland Business JournalMay 12, 2020
- Seattle BusinessMarch 31, 2020
- March 13, 2020
- November 26, 2019
- August 14, 2019
- Daily Journal of Commerce OregonMay 22, 2019
- Opportunity MagazineNovember 27, 2018
- Lewis & Clark Law SchoolJuris Doctor degree (2013)
- International Association of Privacy Professionals (IAPP)Certified Information Privacy Professional: U.S. Private Sector (CIPP/US, 2016) and Europe (CIPP/E, 2019)
- Western Washington UniversityBachelor of Arts degree, Spanish Language and Literature (2005)
Oregon State Courts