Clayton Northouse counsels clients on transactional, regulatory, and litigation matters relating to global data protection and consumer privacy.

Clayton helps technology, telecommunications, and healthcare companies navigate complex cybersecurity and consumer privacy issues relating to:

  • Transactional due diligence
  • Incident response
  • Surveillance and information sharing
  • Cross-border data transfers
  • Regulatory compliance with the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other US state, federal, and global requirements
  • Governance policies and procedures
  • State attorneys general, Federal Communications Commission (FCC), Federal Trade Commission (FTC), and congressional investigations

He draws on extensive experience representing companies that have suffered cybersecurity attacks and consumer privacy incidents to craft defenses to litigation, congressional inquiries, and regulatory investigations.

A skilled litigator, Clayton has co-authored briefs and motions in the US Supreme Court, the US Courts of Appeals, and US District Courts.

Before joining Latham, Clayton was a partner at another global law firm. He previously served as a law clerk to Judge D. Michael Fisher of the US Court of Appeals for the Third Circuit.

Clayton maintains an active pro bono practice and regularly advises nonprofit organizations on their privacy programs.

Clayton’s experience includes advising:

Regulatory

  • Meta on acquisition-related privacy diligence, including for its US$1 billion acquisition of Kustomer, a CRM platform*
  • A major technology company on privacy and cybersecurity issues with respect to all of its contemplated mergers and acquisitions*
  • A major telecommunications company on addressing CCPA and California Privacy Rights Act (CPRA) compliance challenges*

Litigation

  • Hall v. MyHeritage (D. Utah 2018) – Defendants in a purported class action involving allegations arising out of a data breach, obtaining a complete dismissal prior to discovery*
  • In re: Office of Personnel Management Data Security Breach Litigation (D.C. Cir. 2018) – US Chamber of Commerce as amicus in support of OPM and KeyPoint Government Solutions to uphold a dismissal of data breach litigation on grounds of lack of standing and government contractor immunity*
  • Levandowski v. Gannett Satellite Information Network (E.D. Mich. 2016) – the defendant in a proposed class action alleging Michigan Video Rental Privacy Act violations, obtaining a dismissal of all claims prior to discovery*
  • CTIA v. City of New York (Sup. Ct. NY 2014) – A CTIA member wireless carrier to protect access to customer data*

*Matter handled prior to joining Latham

Bar Qualification

  • District of Columbia
  • Maryland

Education

  • JD, Georgetown University Law Center, 2010
    magna cum laude
  • MA, University of Maryland, 2005
  • BA, Reed College, 2002