Richard W. Clary
Lecturer on Law
Richard W. Clary is a partner in the Litigation Department of Cravath, Swaine & Moore LLP. His cases have included securities defense; antitrust (plaintiff and defense); bankruptcy litigation (debtor and creditor); trade secret, trademark and patent litigation (plaintiff and defense); FCPA and ATA litigation; and general commercial litigation. Mr. Clary has extensive district court and appellate experience; he has also handled both international and domestic arbitrations. Mr. Clary is a member of the Litigation and the Intellectual Property Sections of the American Bar Association, has served on both the Antitrust Committee and the Patent Committee of the Association of the Bar of The City of New York and is on the Lawyers Committee for the National Center for State Courts. He was recently Vice President of the Association of the Bar of The City of New York. Mr. Clary served nine years on the Board of the Legal Aid Society, where he was a Vice Chair and on its Executive and Strategic Planning Committees, and now serves on the Board of Advisors. In June 2008, Mr. Clary spoke at "The Role of Courts in Defining the Social Contract: A Case Study of Socio-Economic Rights," a program sponsored by the Foundation for Law, Justice and Society in association with the Centre for Socio-Legal Studies at the University of Oxford. Mr. Clary's policy brief, "A Discussion of the 'Homeless Families with Children' Litigation as a Case Study of the Issues That Arise When a Court Defines and Enforces the Right to Shelter," was published by the Foundation in the fall of 2008. In 2013 Mr. Clary returned to Oxford's Centre for Socio-Legal Studies to moderate a multi-day seminar on "The Nation State and the International Order: Constitutions, Revolutions, Security and Global Sources of Law". In 2015, Mr. Clary again returned to the Centre to moderate a multi-day seminar on "Rethinking States, Nations & Constitutions in the 21st Century". In 2017 Mr. Clary spoke at The New Putney Debates, a multi-day symposium on constitutions and representative democracy jointly sponsored by Oxford University, the Foundation for Law, Justice and Society, and The Centre for Sociology-Legal Studies; his remarks, “Thoughts from Across the Pond: The US Constitution (1787, 2017)”, were subsequently published as a chapter in the book “Constitution in Crisis: The New Putney Debates”, published by the Foundation for Law, Justice and Society (2017). Mr. Clary spoke on federalism at The Putney Debates 2018, and will be speaking on parliamentary sovereignty at The Putney Debates 2020. Mr. Clary chaired the Practising Law Institute's annual "Managing Complex Litigation" conference, which he created, from 2006-12, and published numerous articles in connection with that conference. In 2017, Mr. Clary co-authored “Recurring Legal Issues in the Mediation of Financial Institution Disputes”, published by PLI as a chapter in the book “Financial Services Mediation Answer Book.” Mr. Clary received a B.A. magna cum laude from Amherst College in 1975, where he was elected to Phi Beta Kappa, and a J.D. magna cum laude from Harvard Law School in 1978, where he was Developments Officer of the Law Review and awarded the Sears Prize. After a clerkship with Hon. Walter R. Mansfield of the U.S. Court of Appeals for the Second Circuit, and a clerkship with Hon. Thurgood Marshall of the U.S. Supreme Court, he joined Cravath in 1980 and became a partner in 1985. Mr. Clary served as the Firm's Litigation Managing Partner from February 1997 to November 2005, and as Head of Litigation from November 2005 to September 2010.