Philip L. Gordon

  • Shareholder
  • Co-Chair, Privacy and Data Security Practice Group
  • Denver
pgordon@littler.com
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Philip L. Gordon has more than 15 years of experience 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
  • Wearables and other new technologies affecting the workplace
  • “Bring-your-own-device” programs
  • The Health Insurance Portability and Accountability Act’s (HIPAA) Privacy Rule, Security Rule, and Breach Notification Rule
  • State and federal information security laws
  • Responding to security breaches in compliance with federal and state data breach notification requirements
  • The European Union General Data Protection Regulation
  • Global data protection laws
  • Cross-border transfers of human resources data
  • Outsourcing
  • The Genetic Information Nondiscrimination Act of 2008 (GINA)

The co-chair of Littler's Privacy and Data Security Practice Group, Philip writes extensively on workplace privacy issues and has given dozens of presentations on the topic. He has taught privacy and data protection law as an adjunct professor at the University of Colorado School of Law on several occasions. He currently serves on the Advisory Board of Georgetown University Law Center’s Cybersecurity Law Institute. He received his undergraduate degree from Princeton University and his law degree from New York University School of Law and served as a judicial clerk on the United States Court of Appeals, 10th Circuit.

Credentials & Recognition

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More From Philip

Speaking Engagements

Developments in Artificial Intelligence and Privacy for Colorado Employers

  • October 18, 2024
  • Rocky Mountain Regional Employer Conference

Senior Corporate Leadership Needs You! How HR and In-House Legal Can Help Prevent and Respond to the Next Killer Data Breach

  • May 8, 2024
  • Littler Executive Employer Conference, Phoenix, AZ

Operationalizing Privacy: Building a Privacy Program to Manage the Explosion of Privacy Laws

  • May 11, 2023
  • Littler Executive Employer Conference, Phoenix, AZ

Finding the Cure for Data Protection Overload: Practical Solutions for Managing the Onslaught of New U.S. and Global Data Protection Laws

  • May 5, 2022
  • Littler Executive Employer Conference

California Privacy Rights Act Workshop: Practical Steps for Compliance with Human Resources Data

  • May 4, 2022
  • Littler Executive Employer Conference

Panelist: Return to Office Privacy and Employment

  • July 27, 2021
  • IAPP KnowledgeNet, Dallas and Northern New England

The Pandemic May Be Coming to an End, but New State Privacy Laws and Remote Work Complications Ensure that Data Protection Challenges Will Continue

  • May 12, 2021
  • 2021 Littler Executive Employer Conference

BYOD, the Cloud and Beyond: Managing the Risks of the Remote Workforce

  • October 4, 2019
  • 2019 Rocky Mountain Employer Conference, Denver, CO

Anticipating and Beating the Risks of the Latest Wave of Technology Entering the Workplace

  • May 9, 2019
  • 2019 Executive Employer Conference, Phoenix, AZ

Getting Ahead of the Curve: Strategies for Addressing the Latest Privacy and Information Security Developments in Today’s Technology-Driven Workplace

  • September 21, 2018
  • Rocky Mountain Employer

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

  • May 3, 2018
  • Littler Executive Employer, Phoenix, AZ

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

  • October 31, 2017
  • Association of Corporate Counsel (ACC) Webinar

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

  • October 3, 2017
  • Littler Rocky Mountain Employer Conference

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

  • May 11, 2017

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

  • September 21, 2016
  • Rocky Mountain Employer Conference

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

  • May 5, 2016
  • The 2016 Executive Employer® Conference, Scottsdale, AZ

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

  • May 5, 2016

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

  • May 4, 2016

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

  • December 1, 2015
  • 2015 PPN Health Access Executive Briefing Conference, Sacramento, CA

Data Breach And Security Issues

  • November 13, 2015
  • 2015 SWBA Conference

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

  • October 28, 2015
  • 2015 All Hands Meeting

Cyber Security for The Mid-Market

  • October 20, 2015
  • 2015 CEO Mid-Market Conference

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

  • October 7, 2015
  • 2015 Rocky Mountain Employer Conference

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

  • October 1, 2015
  • 2015 Colorado Society for Human Resource Management (SHRM) Conference

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

  • October 1, 2015
  • 2015 Colorado Society for Human Resource Management (SHRM) Conference

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

  • September 25, 2015
  • 2015 Texas Payroll Conference

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

  • September 21, 2015
  • 2015 NAPBS Annual Conference

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

  • August 31, 2015
  • Marathon Petroleum

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

  • July 29, 2015
  • NAPBS Webinar

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

  • May 14, 2015
  • 2015 TazWorks User Group Meeting

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

  • May 8, 2015

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

  • May 7, 2015

The New “New Digital Workplace” Panel Questions

  • May 7, 2015

Working From Home In All Its Dimensions

  • May 7, 2015

Opening Session Script

  • May 7, 2015

Balancing Privacy Rights with Personal Devices: BYOD

  • April 28, 2015
  • PBI

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

  • April 22, 2015
  • NAPBS Webinar

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

  • April 15, 2015
  • PPN Health Access

Additional Thought Leadership

Littler on Data Protection and Release of Personal Information, HIPAA and Related Laws

  • July 2023

Yahoo Ruling Forces Employers To Review Monitoring Policies

  • September 11, 2017
  • Law360

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

  • March 3, 2015
  • White Paper, The National Employment Law Institute (NELI)
  • Z. Argento, P. Garehgrat, H. Jones, J. Lowell, and J. Wientge

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

  • May 2011
  • BNA's Privacy & Security Law Report

Why Corporate Counsel Should Lose Sleep Over The Federal Wiretap Act

  • January 27, 2011
  • Corporate Counsel

10 Tips For Avoiding GINA Violations

  • November 29, 2010
  • Employment Law 360

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

  • July 2010
  • BNA's Privacy & Security Law Report

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

  • October 2008
  • BNA's Privacy & Security Law Report

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

  • June 28, 2006
  • InsideCounsel

Workplace Privacy in the Age of Terrorism

  • April 2006
  • Executive Counsel

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

  • 2005
  • BNA Special Publication

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

  • July 2004
  • Denver Business Journal

Books & Book Chapters

Sections of Chapter 21: International Labor and Employment Law

  • International Corporate Practice: A Practitioner’s Guide to Global Success
  • Practising Law Institute, chapter co-authors: Philip Berkowitz and Trent Sutton
  • February 2021

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

Chapter 21: International Labor and Employment Law

  • International Corporate Practice: A Practitioner’s Guide to Global Success
  • Practising Law Institute, chapter 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

Let us know how we can help you navigate your particular workplace legal issues.