Leo L. Clarke

Associate

Born: Ontario, Oregon, 1950

Education: Stanford University, B.A., Economics, with distinction, 1972, University of California, Los Angeles, J.D., 1975

Practice Areas: Complex Commercial Litigation; Corporate Litigation; Insurance Coverage; Financial Institution Law; Business Torts; Business Start-Ups; Troubled Businesses; Corporate Transactions; Commercial Transactions; E-Commerce; Risk Management; Internet Privacy

Membership: State Bar of Michigan; New York State Bar Association; Defense Research Institute (Chair, Business Litigation Committee, 2000-2002; Chair, Publications Subcommittee, 1996-1998).

Admissions: 1975, California; 1980, District of Columbia; 1991, Washington; 2003, Mississippi; 2006, Michigan

Professional Experience:

Member, Michigan and New York Bars.  Previously practiced in Los Angeles, CA, Washington, D.C., Seattle, WA and Jackson, MS. Former General Counsel, Federal Home Loan Bank of Seattle and Pacific First Financial Corporation; Formerly Associate Professor of Law, University of Mississippi, University of Dayton and Ave Maria School of Law.  Responsible counsel of record in insurance and corporate litigation in federal and state courts in ten jurisdictions.

Professional Recognition

Martindale Hubbell, AV rating
Defense Research Institute, Chair, Business Litigation Committee, 2000-2002; Vice Chair, 1998-2000; Chair, Publications Subcommittee, 1996-1998
Who’s Who in American Law, 1998

Publications

Scholarly Articles:

• Fourth Amendment Protection for Shared Privacy Rights in Stored Transactional Data, XIV J. Law & Policy 211 (2006) (co-authored with Brenner)
• Distributed Security: A New Model of Law Enforcement, 23 J. Marshall J. of Computer and Information Law 659 (2005) (co-authored with Brenner)
• The Practical Soul of Business Ethics:  The Manager’s Dilemma and the Social Teaching of the Catholic Church, 29 Seattle U. L. Rev. 139 (2005) (co-authored with Bruce P. Frohnen and Edward C. Lyons)
• Performance Risk, Form Contracts and UCITA, 7 Mich. Telecom. & Tech. L. Rev. 1 (2001)
• The Contract Clause: A Basis for Limited Review of State Economic Regulation, 39 Miami L. Rev. 183 (1985)
• Fiduciary Obligations of Lenders in Leveraged Buy-outs, 54 Miss. L. J. 423 (1984), reprinted in 28 Corp. Pract. Comment. 313 (1986)
• The Futility of Current Approaches to Bank Regulation, 4 J. Law & Commerce 213 (1984)
• Rights and Duties of Managing and Agent Banks in Syndicated Loans to Government Borrowers, 1982 U. Ill. L. Rev. 229 (co-author), reprinted in Reiser, ed., Sovereign Lending: Managing Risk (1983)
• Choice of Home State under the International Banking Act of 1978, 1980 U. Ill. L. Forum 91 (co-author)

Other Publications:

• Cyberspace: Legislative Approaches to Identity Theft in the United States of America, Cybex, December 2005
• Knocking Out the Knock-off Claim, 46 For The Defense, No. 10 at 47 (October 2004)
• Secured Transactions and Payment Systems, Problems and Answers (2d ed.) Aspen Publishing (2003) (co-authored with John F. Dolan et al.)
• Bank Compliance With USA PATRIOT Act, Bank Administration Institute (2002)
• E-Coverage Guide, National Underwriter Company (2000) (editor/co-author)
• The Same but Different: Emerging and Traditional Liabilities,chapter in e-Risk: Liabilities in a Wired World,National Underwriter Company (2000)
• Managing Technology Risk: Selected Internet and Year 2000 Liability and Coverage Issues, Defense Research Institute (1998) (co-author)
• Challenges in Y2K Compliance for Banks and Other Regulated Depository Institutions, in Year 2000 Litigation: Defense and Coverage, Defense Research Institute (1998) (co-author)
• Surveying Cyberspace: A Guide to Insurance Defense and Coverage in the Age of Technology, Defense Research Institute (1998) (editor/co-author)
• Improving Outside Legal Support to Litigation Managers: Becoming Radical, 47 Federation of Ins. & Corp. Counsel Quarterly 398 (1997)
• Managing Litigation Expense with Enhanced Negotiation Efforts, Defense Research Institute (1997)

Continuing Education Presentations:

Insurance and Industry Continuing Education:

• “Information Security Awareness Day” Worldwide Webcast sponsored by Citigroup (2005)
• “Government Regulation of Computer Security,” Montreux, Switzerland (2005)
• “U.S. Regulation of E-Commerce” and “Allocating E-Commerce Risk by Contract,” Middle Eastern Information Technology Security Conference, Dubai, United Arab Emirates (2004)
• “Quantifying E-Risk,” (New York, 2001)
• “Managing e-Risk for the Small Business,” Comdex Chicago (2001)
• “E-Commerce Risks and Coverages,” Independent Insurance Agents of Wisconsin (2001)
• “E-Commerce Liabilities and Insurance Coverages,” Independent Insurance Agents of Texas (2001)
• “Quantifying E-Risk,” (New York, 2000)
• “Professional Liability for Information Technology” (Raleigh, Chicago, San Diego, Charlotte, Albany, Philadelphia, Pittsburgh, Charlotte, Fort Lauderdale, Cleveland, Morristown, San Francisco and Sacramento, 1999-2001)
• “Bad Faith Litigation” (Seattle, 1999)

American Bar Association:

• “The Federal Y2K Act,” Torts and Insurance Practice Section (National Teleconference, 1999)
• “Insurance Coverage for Technology Claims,” National Institute on Representing High Technology Companies (1998)
• “Managing Risk on the Internet,” Panel Moderator and Speaker, Litigation Section, Insurance Coverage Committee, (1998 Annual Convention)

Defense Research Institute:

• “Advising the E-Commerce Client” (2001)
• “Technology Litigation” (2000)
• “Zealous Representation of Corporate Clients” (1999)
• “Insurance Coverage for Intellectual Property Disputes” (1998)
•  “Management of Volume Business Litigation” (1998)
• “Effective Discovery in Large Cases” and “Trial Techniques” (1997)
• “Reducing the Cost of Environmental Losses Through Securitization” (1997)
• “Handling Cyberspace Litigation” and “Developments in Federal Court Discovery” (1996)
• “The Art of Effective Negotiation” (1996)
• “Developments in Reinsurance Law and Business” (1995)

Practicing Law Institute:

• “Pre-Trial Issues in Complex Insurance Coverage Litigation” (San Francisco, 1995)

Washington Defense Lawyers Association:

• “Environmental Coverage Litigation” (Seattle and Spokane, 1995)

Miscellaneous Commercial and Financial Law:

• “Public Pensions From the Private Sector Perspective,” Major Cities Conference, (New York City, 2006)
• “Managing e-Commerce Legal Liability,” Ohio Association of Civil Trial Attorneys (Columbus, 2001)
• “Bank Recapitalization,” Ohio Savings & Loan League (Cleveland, 1990)
• “Thrift Safety and Soundness,” Oregon State Savings League (Portland, 1989)
• “Thrift Regulation,” Washington Savings League (Seattle, 1988 and 1989)
• “Commercial Lending,” Banking Law Institute (San Francisco, 1987)
• “Bank Mergers,” Los Angeles County Bar Assn. (Los Angeles, 1985)