Coming Soon
2018 Ohio Regional Employer Conference
Thursday, October 18, 2018
   |   
Cleveland, OH

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

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Named, The Best Lawyers in America©

2013-2019

Named, Who's Who of Management Labour and Employment Lawyers

Who's Who Legal

2017

Named, Super Lawyer

Colorado

Super Lawyers

2006-2017

Named, Best Law Firm Writer

The Burton Awards

2013, 2016

News, Analysis & Press

Bon Appetit! Cyber Regs Are a Mouthful

Leader's Edge

April 1, 2018

Yahoo Ruling Forces Employers To Review Monitoring Policies

Law360

September 11, 2017

Navigating the Impending EU General Data Protection Regulation

Global Payroll Magazine

September 1, 2017

Trump’s 10th Cir. SCOTUS Contenders Lack Privacy History

Bloomberg Law: Privacy & Data Security

December 12, 2016

How Companies of All Sizes Can Prevent a Data Breach

ebi Screening News Network

May 26, 2016

Securing Your Device: BYOD Platforms for Legal

Legaltech News

April 11, 2016

Data Transfer Hurdles Have Companies Hedging Bets

Wall Street Journal

March 23, 2016

As Wearables in Workplace Spread, So Do Legal Concerns

The Wall Street Journal

March 13, 2016

Portland, Oregon Bans the Box

Insight

December 3, 2015

Leverage HR to Address Risk of Data Breach

Today's General Counsel

December 1, 2015

Keep Personal and Business E-Mails Separate

SHRM Online

October 14, 2015

Ad Hoc BYOD Policies Leave Employers Vulnerable

Society for Human Resource Management (SHRM)

August 24, 2015

The Big Move Toward Big Data in Employment

Littler Report

August 4, 2015

‘Devious’ Case Shines Spotlight on GINA

Law Week Colorado

July 13, 2015

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

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

Bloomberg BNA Human Resources Report

December 22, 2014

HR Should Take the Lead on Cybersecurity

Society For Human Resources (SHRM)

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

  • Combatting the Insider Threat: Reducing Security Risks From Malicious and Negligent Employees, Chapter 24, Navigating the Digital Age, NYSE/Palo Alto Networks, 2015
  • Social Media and Employment Law, An International Survey, Chapter 34, International Bar Association Series, co-authors Phillip L. Gordon and Jordan Cornett, 2015
  • Managing the Evolving Challenges of Workplace Privacy and Information Security, Chapter 13, Inside the MindsTM: Recent Trends in Privacy and Data Security, Aspatore, 2013
  • International Labor and Employment Law, Chapter 21, International Corporate Practice: A Practitioner’s Guide to Global Success, Practising Law Institute, co-authors Philip Berkowitz, Joseph Lazazzero, Trent Sutton and Stefan Marculewicz, 2012
  • Littler on Background Screening & Privacy Rights in Hiring, The Littler National Employer Library
  • Littler on Employee Monitoring: Searches, Surveillance & Privacy Concerns, The Littler National Employer Library, co-author Zoe M. Argento

Speaking Engagements

2018 Ohio Regional Employer Conference

Cleveland, OH

October 18, 2018

2018 General Session

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Help (Really) Wanted: How to Use New Technology and Big Data Lawfully to Find and Hire the Right Employees

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Three Weeks and Counting: Key Action Items for U.S. Multinational Employers Before Enforcement of the EU’s New General Data Protection Regulation Begins

Littler Executive Employer, Phoenix, AZ

May 3, 2018

Data Privacy in the EU: Status of the EU/US Privacy Shield and Preparing for the Advent of the EU’s General Data Protection Regulation

Association of Corporate Counsel (ACC) Webinar

October 31, 2017

How to Screen out the “Employee from Hell” Without Having to Litigate Against the “Applicant from Hell”

Littler Rocky Mountain Employer Conference

October 3, 2017
Combatting The Insider Threat

Pittsburgh, PA

September 19, 2017

One-Year Countdown: Get Ready for Europe's New Data Protection Framework Before It's Too Late

The 2017 Executive Employer® Conference

May 11, 2017
Inaugural Canada Conference

Toronto, ON

November 21, 2016
Second Annual Mexico Conference - Mexico City

México City

October 5, 2016
Second Annual Mexico Conference - Monterrey

Nuevo León, C.P.

October 4, 2016
Segunda Conferencia Anual en México - Monterrey

Nuevo León, C.P.

October 4, 2016

The Insider Threat: Enhancing Data Stewardship to Protect Your Information Assets

Rocky Mountain Employer Conference

September 21, 2016
2016 Rocky Mountain Employer Conference

Denver, CO

September 21, 2016
Privacy Shield, GDPR, and Brexit: Their Impact on U.S. Multinational Employers’ Cross-Border Transfers of Employee Personal Data

Denver, CO

August 18, 2016

The Cross-Border Conundrum: How Can Multinationals Centralize Their HR Data to Comply with the Multitude of International Data Protection Laws?

The 2016 Executive Employer® Conference, Scottsdale, AZ

May 5, 2016

The Insider Threat: Enhancing Data Stewardship to Protect Your Information Assets

The 2016 Executive Employer® Conference

May 5, 2016

The Impact of Technology on Workplace Privacy, Information Security and Your Company’s IP Assets

The 2016 Executive Employer® Conference

May 4, 2016
Employee Privacy in Europe: Where Does Europe Stand with Privacy Shield and the General Data Protection Regulation

April 27, 2016
Europe’s Changing Landscape for Global Employers: Insights into US-EU Safe Harbor 2.0, The EU’s New General Data Protection Regulation and other European Employment Law Changes

February 2, 2016

Security Breach Response: How To Comply With The Multitude Of Breach Notification Laws, While Protecting Your Organization From The Fallout

2015 PPN Health Access Executive Briefing Conference, Sacramento, CA

December 1, 2015

Data Breach And Security Issues

2015 SWBA Conference

November 13, 2015

The New “New Digital Workplace”: What’s Next And What Should Employers Do To Prepare?

2015 All Hands Meeting

October 28, 2015

Cyber Security for The Mid-Market

2015 CEO Mid-Market Conference

October 20, 2015

Workplace Privacy: The “New Digital Workplace,” What’s Next And What Should Employers Be Doing To Prepare?

2015 Rocky Mountain Employer Conference

October 7, 2015

The New 'New Digital Workplace:' What’s Next And What Should Employers Do To Prepare?

2015 Colorado Society for Human Resource Management (SHRM) Conference

October 1, 2015

The Data Breach Imperative: How HR Can Play A Critical Role In Protecting The Organization From Information Security Meltdown

2015 Colorado Society for Human Resource Management (SHRM) Conference

October 1, 2015

Payroll Multinationals – How To Navigate The Complex Web Of Global Data Protection

2015 Texas Payroll Conference

September 25, 2015

How To Prepare For A Security Breach and Respond Effectively When It Inevitably Occurs

2015 NAPBS Annual Conference

September 21, 2015

How To Comply With The Multitude Of Breach Notification Laws, While Protecting Your Organization From the Fallout

Marathon Petroleum

August 31, 2015

What Does The ‘Ban-The-Box Movement’ Really Mean For Employers and Consumer Reporting Agencies?

NAPBS Webinar

July 29, 2015

Getting Ready For the Next Wave Of Challenges – Recent Legal Developments And Security Incident Preparedness And Response For Pre-Employment Screeners

2015 TazWorks User Group Meeting

May 14, 2015

What Is A Data Breach And What Do I Need To Do About It? Video Shoot Script

The 2015 Executive Employer® Conference

May 8, 2015

Opening Session Script

The 2015 Executive Employer® Conference

May 7, 2015

The New “New Digital Workplace: What’s Next And What Should Employers Do to Prepare?

The 2015 Executive Employer® Conference

May 7, 2015

The New “New Digital Workplace” Panel Questions

The 2015 Executive Employer® Conference

May 7, 2015

Working From Home In All Its Dimensions

The 2015 Executive Employer® Conference

May 7, 2015

Balancing Privacy Rights with Personal Devices: BYOD

PBI

April 28, 2015

Recent Developments For CRAs & Employers: The Legal Landscape Becomes More Treacherous Than Ever

NAPBS Webinar

April 22, 2015

How To Comply With The Multitude Of Breach Notification Laws, While Protecting Your Organization From The Fallout

PPN Health Access

April 15, 2015

Ethics & Compliance Forum

2015 Textron, Inc., Providence, RI

March 15-17, 2015

Cybersecurity: Protecting Your Company’s Confidential Information in the Age of Cloud Computing and BYOD and Responding to Security Breaches When Those Protections Fall Short

2015 Global Employer Latin America Conference

March 5-6, 2015

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

The National Employment Law Institute (NELI)

March 3, 2015

The E-Workplace: Protecting Employer Information v. Employee Privacy

2015 NELI Conference

March 2, 2015

Building Successful Virtual Employer/Business Resource Groups (ERGs/BRGs) and Related Workplace Social Media Challenges

Out & Equal Summit

November 5, 2014
The 2014 Rocky Mountain Employer Conference

Denver, CO

October 30, 2014

Recent Developments for CRAs and Employers: The Legal Landscape Becomes More Treacherous Than Ever

2014 NAPBS Conference, Denver, CO

October 21, 2014

Corporate Security vs. Employee Privacy in the Digital Age

CEO Connection Mid-Market Convention, Wharton University of PA

October 20, 2014

Cyber Liability Update

AmTrust Presentation Webinar

October 17, 2014

Navigating the Latest NLRB Decisions on Employee Policies and Discipline

Social Media and the Workplace, Webinar

October 9, 2014

What Every GC Must Know About Privacy and Ethics

Social Media in Internal Investigations, Webinar

October 1, 2014

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

Littler Webinar - 2014 United Healthcare Presentation

July 16, 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

Recent Developments for CRAs and Employers: The Legal Landscape Becomes More Treacherous Than Ever

2014 TazWorks User Group Meeting, Park City, UT

May 22, 2014

Employee Privacy In The Age of Big Brother Technology

The 2014 Executive Employer® Conference

Workplace 3.0: Responding to Innovative Forces Changing the Workplace

May 8, 2014

Managing Corporate Data Across Multiple Global Privacy Regimes

The 2014 Executive Employer® Conference

Workplace 3.0: Responding to Innovative Forces Changing the Workplace

May 8, 2014

Protecting Your Confidential Information In The Workplace and In The Cloud

The 2014 Executive Employer® Conference

Workplace 3.0: Responding to Innovative Forces Changing the Workplace

May 8, 2014

Bring Your Own Device (BYOD)

The 2014 Executive Employer® Conference

May 7, 2014

Key Practical Issues In Negotiating Business Associate Agreements, Responding To A Breach Of Unsecured PHI, And Understanding HHS Enforcement

WEDI Webinar - Beyond The Legal Requirements

May 1, 2014

Meeting The Evolving And Increasingly Complex Challenges of Implementing Legally Compliant Background Check and BYOD Programs

CBA/CLE Employment Law 2014

March 20, 2014

Avoiding Employer Liability Due to Employees’ Expanded Privacy Rights: Crafting Effective Policies and Practices

Strafford Webinar

March 19, 2014

Navigating the Challenges of Cross-Border Whistleblower Investigations

Textron, Inc.

February 27, 2014

The New Data Juggernaut: Time for Multinationals to Address Workplace Privacy in Latin America or Risk Damaging Their Corporate Brand

The Global Employer Latin America Conference 3rd Annual

February 20-21, 2014

Navigating the Challenges of Cross-Border Whistleblower Investigations

Navex Global Webinar

February 6, 2014
Investigating Cross-Border Whistleblower Claims: A Challenge for Multinational Employers

July 31, 2013

All Aboard The HIPAA Omnibus – An Auditor’s Perspective

Health Care Compliance Association

June 18, 2013
Going Mobile: Managing Risk in a Workplace Driven by Personal Devices, Social Media, and Cloud Computing

Charlotte, NC

April 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
Managing Retailer's Challenges of Bring Your Own Device (BYOD) Programs

March 19, 2013
What Does The New Omnibus HIPAA/HITECH Final Rule Really Mean For Employers And Their Service Providers?

February 19, 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

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

Brinker after Kirby: Still No Free Lunch in California

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
The Truth About the Workplace of the Future: Debunking the Myths Surrounding Flexible Work

July 15, 2011
What Employers Need to Know About the Genetic Information Nondiscrimination Act

January 14, 2011
New ADA Accessibility Regulations and Design Standards

December 8, 2010
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
Meeting the Compliance Challenges of a Reinvigorated HIPAA and the Genetic Information Non-Discrimination Act of 2009

Denver, CO

October 8, 2009
Getting Past the EFCA Hype and Getting Down to Business

July 24, 2009
Meeting the Compliance Challenges of a Reinvigorated HIPAA and the Genetic Information Non-Discrimination Act of 2009

July 24, 2009
Sex Offenders, Terrorists and Video Resumes: How Far Can You Go to Get Information on Prospective and Current Employees?

Denver, CO

May 12, 2009
Employers' Obligations Under Massachusetts' New Data Security Law

Boston, MA

October 4, 2007
Philip Gordon Speaks at "Human Resources" Panel at International Association of Privacy Professionals (IAPP) Privacy Academy

October 28, 2005
"Privacy Professional Boot Camp" Workshop at International Association of Privacy Professionals (IAPP) Annual Meeting

October 26, 2005

Education

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

Bar Admission

Colorado

Courts

  • U.S. District Court, District of Colorado