Anna Mercado Clark,
CIPP/E, CIPP/US, CIPM, FIP

Partner
Governing Committee Member

New York City; Buffalo; Rochester
(212) 508-0466
(716) 847-8400 ext. 6466, (585) 238-2000 ext. 6466
aclark@phillipslytle.com
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As leader of Phillips Lytle’s Data Security & Privacy and E-Discovery & Digital Forensics Practice Teams and co-team leader of the firm’s Cryptocurrency & Bitcoin Mining Practice Team, Ms. Clark focuses on complex e-discovery and digital forensics, cybersecurity and data privacy, and complex commercial litigation. As a former Assistant District Attorney, she also handles white collar criminal matters and investigations.

Ms. Clark has been awarded the following ANAB-accredited credentials by the International Association of Privacy Professionals (IAPP): Certified Information Privacy Professional/Europe (CIPP/E); Certified Information Privacy Professional for the U.S. Private Sector (CIPP/US); and Certified Information Privacy Manager (CIPM). CIPP/E and CIPP/US are preeminent certifications for advanced concentration in European data protection laws and U.S. private-sector laws, standards and practices, respectively. The CIPM certification recognizes Ms. Clark’s ability to design, build and operate data privacy management programs that are compliant with privacy laws and regulations. Ms. Clark has also been designated as a Fellow of Information Privacy (FIP). The FIP designation signifies that she has demonstrated her comprehensive knowledge of privacy laws, privacy program management and essential data protection practices with significant data security and privacy experience in these areas. Ms. Clark is among a select group of individuals around the world who have received this designation.

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, Equity & Inclusion Committee.

Admitted to Practice

  • New York
  • New Jersey
  • 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
  • U.S. Court of Appeals, Eleventh Circuit

Honors and Awards

  • New York City Bar Association, Huntington Her Hero Lifetime Achievement Award, 2023
  • Named to Power 20 Intellectual Property list, The Daily Record, 2022
  • Named to Above & Beyond: Innovators List, City & State, 2022
  • Named Ponemon Institute Distinguished Fellow
  • Named to Power of Diversity: Asian 100, City & State, 2022
  • Notable Women in Law, Crain’s New York Business, 2022
  • Named International Association of Privacy Professionals Information Privacy Fellow, 2021
  • Named to The Responsible 100, City & State, 2021
  • Selected for the New York Metro Super Lawyers® list, 2021-2022
    • Named New York Metro Super Lawyers® Rising Star, 2014-2019
  • Named to Lawyers of Color’s Inaugural Nation’s Best List, 2019
  • 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
  • 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

ABF emblem
  • American Bar Association
    • Business Law Section
    • Collaborative Bar Leadership Academy, Vice Chair
    • Science & Technology Law Section
      • Cloud Computing Committee, Vice-Chair
      • Membership and Diversity Committee, Member
      • Privacy and Computer Crime Committee, Co-Chair
  • American Bar Foundation, Fellow
  • Asian American Bar Association of New York
    • Development Director
    • Litigation Committee
  • Federal Bar Council
  • Filipino American Lawyers Association of New York
    • Founding Member
    • Former Board Member, Vice-President (2015) and Steering Committee
  • International Association of Privacy Professionals
    • Diversity in Privacy Section
  • National Asian Pacific American Bar Association (NAPABA)
    • President-Elect
  • National Filipino American Lawyers Association, At-Large Trustee
  • New York State Bar Association
    • Antitrust Law Section
    • Business Law Section

Certifications

  • Certified Information Privacy Professional (CIPP/US), International Association of Privacy Professionals
  • Certified Information Privacy Professional (CIPP/E) International Association of Privacy Professionals
  • Certified Information Privacy Manager (CIPM), International Association of Privacy Professionals

Present Activities

  • Duke University School of Law, EDRM, Member
    • GDPR Project, Member
  • Fordham University School of Law, Adjunct Professor of Law
    • Fundamental Lawyering Skills (Juris Doctor Program)
    • Privacy and Security (Master of Studies in Law Program)
  • Law360 Cybersecurity & Privacy Editorial Advisory Board, 2022

Past Activities

  • DuPont Minority Counsel Network
    • 2014 Annual Conference Planning Committee, Member
    • Newsletter and Communications Committee, Co-Chair, 2013-2014
  • Fordham University School of Law, Moot Court Board, Member, 2003-2004
  • Judicial Intern, Honorable Denny Chin, U.S. District Court, Southern District of New York, 2004
  • National Asian Pacific American Bar Association (NAPABA), Regional Governor for the Northeast Region
  • New York City Bar Association, Diversity Champion Award Selection Committee, Member