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E. Steele  Clayton, IV
Member
Nashville
P:(615) 742-6205
F:(615) 742-2705
E-mail E. Steele Clayton
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Education
University of Tennessee - J.D., 1994
University of Tennessee - M. Acc., 1989
University of Tennessee - B.S., 1988

Bar Admissions
Tennessee, 1995
South Carolina, 1994

Memberships
American Bar Association
American Health Lawyers Association (Vice-Chair, Antitrust Committee)
Tennessee Bar Association
South Carolina Bar Association
Nashville Bar Association

Honors & Distinctions
Listed in Best Lawyers®
Executive Committee and Board of Directors, Goodwill Industries of Middle Tennessee, Inc.
Board of Directors, Woodmont Christian Church
Certified Public Accountant 1990-1995
University of Tennessee (Cum laude; Best oralist, 1994 National Tax Moot Court Competition; Order of Barristers; Phi Delta Phi, Outstanding Moot Court Attorney; McClung Medal, Best Oral Advocacy)

Publications
"High-tech Sector Sees Uptick in Scrutiny," The National Law Journal’s Antitrust – Special Report (November 2, 2009).
"Minimum Resale Price Maintenance Agreements After Leegin," The Business Suit (September 2009).



Steele represents public and private companies in complex business litigation matters in state and federal court and multi-panel arbitrations. He is the assistant leader of the firm’s Antitrust and Trade Practices Group.

Antitrust and Trade Practices: Steele represents clients in litigation and provides counsel regarding the Sherman Act, the Clayton Act, the Robinson Patman Act and state and federal trade practices across a wide array of industry sectors. He also designs and implements antitrust compliance programs and regularly provides antitrust training for clients.

Business Disputes/Commercial: Steele represents companies in a wide range of industries in complex litigation matters including contract disputes, insurance coverage disputes, fraud, misrepresentation, breach of fiduciary duty, the Tennessee Consumer Protection Act, the Uniform Commercial Code and securities violations.

Internal Investigations: Steele conducts internal investigations for both public and private companies relating to antitrust, financial reporting, internal controls, company policies and procedures, and officer and director malfeasance. His experience includes all facets of internal investigations from witness interviews and document review to working with boards of directors, audit committees, in-house counsel, forensic accountants, auditors, public relation firms and federal and state governmental entities and agencies including the Securities and Exchange Commission, the Department of Justice and state Attorney Generals.

Representative Matters include:
  • Regulatory audit of the New York Stock Exchange (2005 to present);
  • Defense of eBay Inc. in alleged multimillion dollar claim for breach of contract and business torts;
  • Defense of milk industry participant in multiple class actions alleging price fixing, monopolization and monopsonization;
  • Representation of one of the nation’s largest food retailers regarding milk pricing investigation;
  • Representation of client in investigation regarding alleged bid rigging;
  • Defense of international beauty product manufacturer regarding alleged group boycott;
  • Representation of healthcare client in DOJ inquiry regarding interlocking directors;
  • Representation of international forest products company regarding multimillion dollar claim for electrical power overcharges;
  • Defense of merchant services firm specializing in credit card and check processing services in multi-panel arbitration regarding multi-million dollar claim for investment banking fee;
  • Defense of healthcare company in whistleblower claim under the Sarbanes-Oxley Act;
  • Defense of national broker-dealer regarding multimillion dollar claim alleging securities violations and fraud of affiliate broker;
  • Representation of utility company in multimillion dollar contested rate case.

When his family needs a break from him, Steele enjoys hunting, fishing and golf.