Overview

Philip L. Gordon has years of experience litigating privacy-based claims and counseling clients on all aspects of workplace privacy and information security. He has provided advice to businesses of all sizes on:

  • Surveillance of employees' electronic communications
  • The Federal Wiretap Act
  • The Federal Stored Communications Act
  • Workplace searches
  • Location tracking and use of GPS-enabled devices
  • Background checks
  • The Fair Credit Reporting Act
  • Social media and other new technologies affecting the workplace
  • The Health Insurance Portability and Accountability Act
  • State data protection laws
  • Responding to security breaches
  • The European Union Data Protection Directive
  • Global data protection laws
  • Cross-border transfers of human resources data
  • Outsourcing
  • The Genetic Information Non-Discrimination Act of 2008 (GINA)

Philip also has substantial experience representing employers in disputes involving misappropriation of trade secrets, claims of unfair competition and charges of wrongful termination. In addition, he regularly counsels businesses on compliance with the Americans with Disabilities Act's Accessibility Guidelines and frequently defends businesses against claims of public accommodation discrimination.

The chair of Littler's Privacy and Data Protection Practice Group, Philip writes extensively on workplace privacy issues and has given dozens of presentations on the topic. He is the principal author of Littler’s workplace privacy-related publications. He taught privacy and data protection law as an adjunct professor at the University of Colorado School of Law in 2004 and 2005. Prior to joining Littler, he was an associate and partner at two other law firms. He served as a judicial clerk on the United States Court of Appeals, 10th Circuit.

Professional & Community Affiliations

Member, Advisory Board

Bloomberg BNA's Privacy and Security Law Report

Member, Advisory Board

Cybersecurity Law Institute

Georgetown University Law Center

2014

Co-Chair

Privacy and Data Protection Practice Group

Ius Laboris

2010-2012

Member, Advisory Board

University of Colorado School of Law's Silicon Flatirons Institute

Former Member, Editorial Board

International Association of Privacy Professionals

Former Member, Educational Advisory Board

International Association of Privacy Professionals

Recognition

Named, The Best Lawyers in America©

2014 and 2015

Named, Super Lawyer

Colorado

Super Lawyers

2006-2015

Named, Best Law Firm Writer

The Burton Awards

2013

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Publications & Press

The E-Workplace: Internet Security, Privacy & Social Media Policies

White Paper, The National Employment Law Institute (NELI)

March 3, 2015

NLRB says workers can use company email to organize

Thomson Reuters Westlaw Journal – Employment

January 21, 2015

NLRB Push Forces Rethinking of Social Media Policies

Compliance Week

January 13, 2015

HR Should Take the Lead on Cybersecurity

Society For Human Resources (SHRM)

December 22, 2014

Sony Pictures Data Breach Underscores Employer Cyber Security Risks, Attorney Says

Bloomberg BNA Human Resources Report

December 22, 2014

NLRB Ruling Gives Unions Advantage in E-Mail Organizing

National Legal and Policy Center

December 19, 2014

Attorneys Highlight Privacy, Data Security Court Milestones Worthy of a Closer Look

Bloomberg BNA Privacy & Security Law Report

September 15, 2014

Facebook Fan Page Manager Didn’t Own Over 6 Million Likes on Site, Court Holds

Bloomberg BNA Social Media Law & Policy Report

August 27, 2014

Reasonable expectations

InsideCounsel

August 1, 2014

Corporate Departments Go International

Law Week Colorado

July 14, 2014

As Employees Use Smartphones to Record, Companies Try to Keep Up

Society for Human Resource Management (SHRM)

May 27, 2014

States Continue Banning Employer Access to Social Media

Government Technology

May 21, 2014

Data protection and privacy laws

Financier Worldwide Magazine

May 1, 2014

Prepare for Employee Data Breach

Society for Human Resource Management (SHRM)

March 4, 2014

Order Striking Provisions of Hospital Code Of Conduct Provides Lessons for Employers

Bloomberg BNA Health Law Reporter™

February 6, 2014

BYOD? Leaving a Job Can Mean Losing Pictures of Grandma

The Wall Street Journal

January 21, 2014

Employers Facing New Workplace Privacy Hurdles

Corporate Counsel

January 21, 2014

Meet GINA, a Privacy Act in Disguise

Corporate Counsel

January 8, 2014

Workers Recording Workers

Human Resource Executive Online

November 26, 2013

US patchwork of social media laws creates confusion

Privacy Laws & Business International Report

October 1, 2013

Washington State Turns Up the Privacy for Social Media

Law Technology News

July 30, 2013

Social-Media Screening is a Potential Mine Field

National Law Journal

July 22, 2013

Growing social media privacy protection irks employment

Thomson Reuters News & Insight

June 6, 2013

7 Steps To Get HIPAA-Compliant Now

Law360.com

March 27, 2013

Prepare for the coming of the privacy police

InsideCounsel

March 1, 2013

What Do Employers Really Need to Know About the New HIPAA/HITECH Omnibus Final Rule?

Bloomberg Law Privacy & Security Law Report

February 11, 2013

Are Workers Free to Trash Their Employers Online?

Bloomberg Businessweek

January 24, 2013

Laws Evolving On Employer Use Of Social Media Sites

Investor’s Business Daily

June 8, 2012

The "Bring Your Own Device" to Work Movement

Littler Report

May 10, 2012

Virtual Friends in the Workplace: Liability Traps of Social Media Policies

Newsletter of the Corporate Counsel Section - Oregon State Bar, Corporate Counselor

May 1, 2012

Avoid Problems Posed By Medical Records

TVNewsCheck

December 2, 2011

Managing the Privacy and Security Risks Inherent In Employees’ Use of Personal Smartphones and Tablets for Work

BNA's Privacy & Security Law Report

May 2011

E-Discovery Results in Second Look at Records Management Policies

Society of Human Resource Management Online

March 18, 2011

Why Corporate Counsel Should Lose Sleep Over The Federal Wiretap Act

Corporate Counsel

January 27, 2011

10 Tips For Avoiding GINA Violations

ASAP

November 29, 2010

10 Tips For Avoiding GINA Violations

Employment Law 360

November 29, 2010

Incipient Legislative Trend Toward Credit Privacy Compels Restraint in the Use of Credit Checks for Employment Purposes

BNA's Privacy & Security Law Report

July 2010

Phil Gordon and Katherine Cooper Franklin Encourage Social Media Policies

BNA: Privacy and Security Law Report

June 22, 2009

Text Messaging in the Workplace Poses New Challenges for U.S. Employers and Global Businesses with U.S. Operations

BNA's Privacy & Security Law Report

October 2008

Court Rules on Text Messaging

Human Resource Executive Online

July 15, 2008

Phillip Gordon Advises Employers on Personal Internet Use in the Workplace

The Christian Science Monitor

December 10, 2007

Phil Gordon Notes Privacy Dangers of GPS

Denver Post and Twin Cities Pioneer Press

December 8, 2006

Phil Gordon Moderates Data Dilemmas Roundtable

InsideCounsel

November 1, 2006

Phil Gordon Advises Employers to Use Caution with Government's Customer Info Requests

InsideCounsel

June 28, 2006

Workplace Privacy in the Age of Terrorism

Executive Counsel

April 2006

How to Win the Battle Over Electronic Discovery

Littler Report

April 13, 2005

Evaluating the Evolving Options for Trans-Atlantic Transfers of Human Resources Data

BNA Special Publication

2005

HR Outsourcing: Your Firm's Sensitive Data Could Be At Risk

Denver Business Journal

July 2004

Books & Book Chapters

  • Inside the MindsTM: Recent Trends in Privacy and Data Security, Aspatore, Managing the Evolving Challenges of Workplace Privacy and Information Security, Chapter 13, Chapter Author, 2013
  • International Corporate Practice: A Practitioner’s Guide to Global Success, Practising Law Institute, International Labor and Employment Law, Chapter 21, Co-Authors: Philip Berkowitz, Joseph Lazazzero, Trent Sutton, and Stefan Marculewicz, 2012

Speaking Engagements

The E-Workplace: Internet Security, Privacy & Social Media Policies

The National Employment Law Institute (NELI)

March 3, 2015

The 2014 Rocky Mountain Employer Conference

Denver, CO

October 30, 2014

Privacy Developments in the Digital Workplace

Fifteenth Annual Institute on Privacy and Data Security Law - Practising Law Institute (PLI), Chicago, IL

July 15, 2014

All Aboard The HIPAA Omnibus – An Auditor’s Perspective

Health Care Compliance Association

June 18, 2013

Translating the Trends: What to Expect in 2013

2013 Social Media Summit: The New Reality

Littler Mendelson, San Francisco, CA

April 10, 2013

Social Media and the NLRB: New Challenges for Union-Free Employers From An Unlikely Regulator

2013 Social Media Summit: The New Reality

Littler Mendelson, San Francisco, CA

April 10, 2013

What Every Multinational Should Know About Bounty Hunters and Whistleblowers

Global Employer Institute

Littler Mendelson, Washington D.C.

November 8, 2012

Background Checks for the 21st Century: How to Protect Your Organization Without Sinking in the Quagmire of New Laws

Bloomberg BNA Webinar

October 30, 2012

Brinker after Kirby: Still No Free Lunch in California

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 11, 2012

Business or Pleasure: The Challenge of "Bring Your Own Device" Polices in the Workplace

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 11, 2012

Managing the Social Media Activity of A Multinational Workforce after the Global Privacy Juggernaut

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 10, 2012

Who Says Social Networking Is Just for Kids?

Indianapolis, IN

March 17, 2010

On the Cutting Edge of Workplace Privacy

Pittsburgh, PA

March 12, 2010

On The Cutting Edge of Workplace Privacy

Houston, TX

February 5, 2010

On the Cutting Edge of Workplace Privacy

Dallas, TX

February 4, 2010

Education

  • J.D., New York University School of Law, 1989
  • B.A., Princeton University, 1984

Bar Admission

Colorado