William J. Clements concentrates his practice in commercial and other civil litigation matters. Mr. Clements represents regional and national businesses as well as individuals in court and in front of various government agencies. He has been called upon by both public and privately held companies to conduct and report upon internal corporate investigations, and regularly litigates and resolves disputes between partners, members and shareholders of closely held businesses.
Mr. Clements holds the Certified Information Privacy Professional/United States (CIPP/US) credential through the International Association of Privacy Professionals (IAPP). As a privacy professional, he helps organizations manage rapidly evolving legal and compliance issues in the areas of privacy, data protection and data migration, including concerns such as the proper use, storage, collection and transmission of personal data, and what to do in case of data breach. The CIPP is the global standard in privacy certification.
Mr. Clements is a former Navy officer who served onboard the helicopter carrier USS New Orleans and as an officer recruiter in Philadelphia. His military awards include three Navy Achievement Medals, the National Defense Service Medal and the Armed Forces Expeditionary Medal for service in Somalia.
Temple University School of Law, J.D., magna cum laude (2000)
Temple University School of Law, LL.M. in Trial Advocacy (2006)
Pennsylvania State University, B.S. (1990)
Ursinus College, C.P.S. in Accounting (1997)
Eastern District of Pennsylvania
United States Court of Appeals, Third Circuit
Awards and Honors
Recognized as a Pennsylvania "Outstanding Young Lawyer" and "Rising Star" as published in Philadelphia Magazine, June 2010
Mr. Clements is regularly invited to speak at Continuing Legal Education and other seminars. His recent speaking engagements include:
- "The Foreign Corrupt Practices Act - What Clients Need to Know," accredited CLE seminar;
- "How Secret Is Your Trade Secret," accredited CLE seminar;
- Panelist in program sponsored by Penn State and the Penn State Crime, Law and Justice Society, State College, Pennsylvania, February 25, 2011;
- "Identifying and Preventing Securities Fraud," National Business Institute Seminar;
- "Corporate Governance and Internal Controls: What Sarbanes-Oxley Means for Businesses - Key Issues Related to the Sarbanes-Oxley Act," National Business Institute Seminar; and
- "Safeguarding Proprietary Information in Pennsylvania - Legal Duties and Obligations for Businesses," National Business Institute Seminar.
"How Secret Is Your Trade Secret," published in ExecSense e-book titled "Hot Topics From Litigation Lawyers," 2012
"Buyers and Sellers of Businesses Beware: Due Diligence, Sandbagging and the Destruction of Warranties and Representations," October 2006
Recent noteworthy representations include:
- Victory by motion to dismiss, which was affirmed on appeal to the Third Circuit, in favor of a major bank in a securities fraud action brought by a group of shareholders in connection with the spin-off of a subsidiary of a large telecommunications company, in which plaintiffs had claimed over $30 million in damages;
- Victory by summary judgment in favor of the seller of a $700,000.00 luxury home against a buyer who, after the sale, claimed that the seller violated Pennsylvania's Seller Disclosure Act and Unfair Trade Practices and Consumer Protection Law, and also brought common law fraud claims against the seller;
- Victory by summary judgment in favor of the seller of commercial real estate in a dispute where the buyer alleged breach of contract and fraud claims in connection with the multi-million dollar transaction;
- Obtained an award in favor of the claimant in a Financial Industry Regulatory Authority ("FINRA") Arbitration involving a dispute between the ex-employee claimant and his former employer;
- Victory on appeal in a case where a new home buyer sued the builder and related parties over construction defects, resulting in the reversal of the trial court's dismissal of the case and the invalidation of an arbitration clause contained in a standard homebuyers warranty contract, in an appellate opinion that called into question the enforceability and legality of such arbitration clauses in the Commonwealth of Pennsylvania;
- Obtained an injunction against the protest activities of sidewalk demonstrators in favor of a restaurant, in a case featured in the book titled "The Foie Gras Wars," authored by Chicago Tribune reporter Mark Caro and published by Simon & Shuster in 2009, in which Mr. Clements' representation and direct examination of his client at the injunction hearing were discussed and quoted;
- Counsel for plaintiff in an internet defamation case involving cutting edge First Amendment and discovery issues, which resulted in a court of common pleas opinion setting the standard for allowing discovery of the identities of posters of anonymous defamatory speech on the internet;
- Counsel for a broker-dealer during United States Securities and Exchange Commission investigations involving mutual fund market timing;
- Counsel for a broker-dealer in a series of securities fraud cases arising out of stock lending transactions, ultimately resulting in a settlement in excess of $10 million for the client;
- Counsel for a broker-dealer in a $32 million breach of contract case, ultimately resulting in a nearly 100% recovery for the client;
- Counsel for a major retail chain in a dispute over charge-backs to suppliers; and
- Counsel for the buyer in a private mediation over the $30 million purchase of a credit reporting business.