Steve Clay has extensive experience in domestic and international arbitration disputes in Europe, Asia, the United States and Latin America, serving as an advocate and as an arbitrator. He was recently selected to serve a three-year term as one of ten U.S. representatives on the International Chamber of Commerce Commission on Arbitration (100 delegates worldwide). Mr. Clay also has trial and appellate experience in a broad range of business litigation matters, including contract and other commercial litigation, business tort actions, antitrust and patent infringement actions. Mr. Clay is a certified mediator with 35 years of experience in alternative dispute resolution. He has served as a mediator and as an advocate in mediating a wide variety of commercial disputes, is certified by the CPR International Institute and has 30 hours of mediation training. Mr. Clay has served as co-counsel with prominent barristers from the United Kingdom, New Zealand, Australia, Hong Kong and other countries. He also has worked closely with other leading international arbitration specialists throughout the world. Mr. Clay was recognized in The Best Lawyers in America® for Alternative Dispute Resolution, Bet-the-Company Litigation and Commercial Litigation in 2012 and each of the 11 years immediately preceding. He was recognized in The International Who's Who of Business Lawyers for 2009. He was recognized for Commercial Litigation in the 2009 and 2010 editions of Chambers USA: America's Leading Lawyers for Business and in 2011, he was listed as a Senior Statesman in Commercial Litigation. Mr. Clay was named a Georgia "Super Lawyer" in the areas of Business Litigation, International and Antitrust Litigation law in 2009 and in Business Litigation law in 2010 and 2011. In 2011, he was recognized for receiving the Anti-Defamation League's Lifetime Achievement Award. In 2008 and 2011, Mr. Clay was recognized by Benchmark: Litigation as a Georgia "Litigation Star" and is AV® rated by Martindale-Hubbell. Professional & Community Activities 2009 Class of Leadership Atlanta Chartered Institute of Arbitrators, Member Georgia Appleseed Foundation, Board Chairman University of Virginia, Adjunct professor of Ethics and Litigation (1999-2000) Matsuura, et al. v. E.I. du Pont de Nemours and Company, Represented DuPont in "settlement fraud" case alleging federal RICO, fraud and other state law claims arising out of DuPont's alleged fraudulent inducement of hundreds of settlements of product liability claims in the early 1990s. Between 1996 and 2000, approximately 70 plaintiffs asserted "settlement fraud" claims against DuPont in the United States District Court for the District of Hawaii or in Hawaii state court, and DuPont asserted claims in federal court for breach of the settlement agreement. Ultimately, all of the federal cases were consolidated under the Matsuura case style. DuPont originally prevailed in the district court on motions to dismiss the "settlement fraud" claims based on provisions in the settlement agreements. When those rulings were superseded by a ruling of the Delaware Supreme Court, DuPont filed motions for judgment on the pleadings which led to a certified question proceeding before the Hawaii Supreme Court. After the Hawaii Supreme Court ruled, the District Court granted a number of dispositive motions filed by DuPont, as did the Hawaii state court in a related case. During the pendency of appeals from those decisions, the vast majority of the Hawaii claimants settled. Similar dispositions results in Florida and Georgia litigations. Latin American telecom dispute for major telecom company, Represented major telecom company in dispute with former joint venture partner in Latin America. Case tried before a threearbitrator panel for several weeks, resulting in an extensive and detailed decision by the panel. DuPont Kabushiki Kaisha et al. vs. Toray Industries, Inc., Represented DuPont in a dispute with a joint venture partner in Japan relative to the right of DuPont to transfer its interests in an equity affiliate as part of DuPont's sale of its textile assets to INVISTA S.A.R.L. Global License, Development and Commercialization agreement for Biotest AG, Served as lead counsel in representing Biotest AG (Biotest), a German publicly traded biotechnology company, in signing a global License, Development and Commercialization Agreement with Abbott Laboratories for the further development and commercialization of Biotest's BT-061, a novel anti-CD4 antibody for the treatment of Rheumatoid Arthritis (RA) and psoriasis. In connection with the deal, Biotest will receive an upfront payment of $85 million, and upon completion of certain milestones, additional payments totaling $395 million, plus royalties. Dispute with a joint venture partner in Mexico for DuPont, Represented DuPont in dispute with a joint venture partner in Mexico relative to DuPont's right to transfer its interests in an equity affiliate as part of the sale of its textile assets to INVISTA S.A.R.L. Antitrust litigation for major Atlanta-based hospital, Represented major Atlanta hospital against another major Atlanta hospital in restraint of trade litigation. After substantial discovery and court's denial of defendant's motion for summary judgment, case was settled on favorable terms. ICC arbitration for international infrastructure developer, Represented an international infrastructure developer in an ICC arbitration related to a power plant in sub-Saharan Africa. Construction legal services for the American University in Cairo, Represented the American University in Cairo, Egypt with regard to its construction of a new $400 million, 2 million square foot campus near Cairo. Served as lead counsel to the University for nearly four years. Analyzed and advised on the resolution of tens of millions in claims from and against the contractor, including claims related to delay, liquidated damage liability, force majeure, unforeseen circumstances, and design defect issues. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 15 February 2000, I'll See You Out of Court: As ADR Grows Globally, So Do Disputes About It
Source: Corporate Legal Times, Articles 01 July 1999, International Arbitration: A Guide for American Business
Source: Kilpatrick Stockton LLP, Articles News 05 January 2012, Six Kilpatrick Townsend Attorneys Named to the Fifth Annual Edition of Benchmark Litigation, News Releases 06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases 21 June 2011, Kilpatrick Townsend Plays Role in Abbott and Biotest Global Agreement, News Releases 13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases 29 April 2011, Kilpatrick Townsend Receives 2011 A. Stephens Clay Good Apple Award from Georgia Appleseed Center for Law and Justice, News Releases 02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases 28 February 2011, Kilpatrick Townsend's Steve Clay Receives the Anti-Defamation League's Lifetime Achievement Award, News Releases 12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases 14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases 07 April 2010, Appleseed Names Top Award in Partner Steve Clay's Honor, News Releases 04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases 04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases 15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases 08 April 2009, Kilpatrick Stockton Attorneys Named to 2009 International Who's Who of Business Lawyers, News Releases 04 March 2009, Kilpatrick Stockton Attorneys Named Top Business Litigators by 2009 Super Lawyers Corporate Counsel Edition, News Releases 02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases Events 08 May 2008, Current Developments and Practical Pointers in International Arbitration: What In-house Counsel and Their Outside Lawyers Need to Know, Events |