Anna Mercado Clark, Phillips Lytle Partner

Anna Mercado Clark

Partner
New York City, Buffalo, Rochester
(212) 508-0466
(716) 847-8400 ext. 6466, (585) 238-2000 ext. 6466
aclark@phillipslytle.com
Download vCard

Ms. Clark’s practice is focused on complex e-Discovery and digital forensics, data security and privacy, and complex commercial and business litigation. As a former Assistant District Attorney, she also handles white collar criminal matters and investigations.

Ms. Clark routinely counsels sophisticated clients on data governance issues to address business needs while minimizing risks and complying with a rapidly evolving regulatory landscape and other legal obligations. She has extensive experience advising businesses in the technology, consumer, health care and financial industries regarding information management and disposition policies, litigation readiness, data transfers, third-party/vendor negotiation and management relative to data administration, and disaster recovery and avoidance.

Ms. Clark has successfully leveraged the latest technology, including artificial intelligence and technology assisted review (“TAR”), to streamline high-volume discovery, establish defensible document review workflows and minimize litigation costs. She is a member of EDRM at Duke Law, a community of e-Discovery and legal professionals who create practical resources to improve e-Discovery and information governance, including cross-border discovery in light of the General Data Protection Regulation (“GDPR”). She regularly speaks at national and international conferences as a subject matter expert on these issues.

As an experienced litigator, Ms. Clark is well positioned to identify and minimize litigation risks and assist with internal investigations, including managing digital forensic investigations. She is also able to seamlessly serve as litigation counsel in the event of a dispute or government investigation, having represented individuals, small businesses, multinational corporations and government entities in contract disputes, franchisor-franchisee litigation, trade secret disputes, antitrust litigation, securities litigation, labor and employment matters, and government investigations.

Ms. Clark is a member of the firm’s Diversity & Inclusion Committee.

Admitted to Practice

  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, Second Circuit

Honors & Awards

  • Profiles in Diversity Journal’s 17th Annual Women Worth Watching® Award Recipient
  • Fordham University School of Law, Honorable Denny Chin ’78 Alumni Award for Excellence in the Legal Profession
  • Named New York Metro Super Lawyers® Rising Star, 2014-2017
  • Pan American Concerned Citizens Action League, 2010 Woman Achiever Award Recipient
  • Thomas Tang National Moot Court Competition
    • Best Brief, Best Team, Finalist, Regional 2003 and Regional 2004
    • Best Oral Advocate, Regional 2003 and National 2004
    • Semi-Finalist, National 2003
  • Cardozo/BMI Entertainment Law Moot Court Competition, Best Brief, Best Team, 2004
  • Archibald R. Murray Student Award for Excellence in Public Service, cum laude

Education

  • Fordham University School of Law, J.D., 2005
  • Rutgers University, B.A., 2002

Languages

  • Tagalog

Professional Associations

  • American Bar Association
  • Asian American Bar Association of New York
    • Litigation Committee
  • Federal Bar Council
  • Filipino American Lawyers Association of New York
    • Founding Member
    • Vice-President, 2015
    • Steering Committee
  • International Association of Privacy Professionals
  • National Asian Pacific American Bar Association
  • National Filipino American Lawyers Association
  • New York State Bar Association

Representative Cases

  • Robinson v. JP Morgan Chase Bank, N.A., No. 15 CV 05480 (S.D.N.Y. Feb. 10, 2017)
  • Gianelli v. RE/MAX of N.Y., Inc., 144 A.D.3d 861 (2d Dep’t 2016)
  • RE/MAX of N.Y., Inc. v. Energized Realty Grp., LLC, 135 A.D.3d 924 (2d Dep’t 2016)
  • Donchatz v, HSBC Bank USA, N.A., No. 15-973, 2016 WL 2785959 (2d Cir. May 13, 2016)
  • Big Vision Private Ltd. v. E.I. du Pont de Nemours and Co., 610 F. App’x 69 (2d Cir. 2015)
  • Big Vision Private Ltd. v. E.I. du Pont de Nemours and Co., 1 F. Supp. 3d 224 (S.D.N.Y. 2014)

Present Activities

  • Fordham University School of Law, Adjunct Professor of Law
  • New York City Bar Association, Diversity Champion Award Selection Committee, Member
  • Duke University School of Law, EDRM, Member
    • GDPR Project, Member

Past Activities

  • DuPont Minority Counsel Network
    • 2014 Annual Conference Planning Committee, Member
    • Newsletter and Communications Committee, Co-Chair, 2013-2014
  • Judicial Intern, Honorable Denny Chin, U.S. District Court, Southern District of New York, 2004
  • Fordham University School of Law, Moot Court Board, Member, 2003-2004