C Clayton Gill

C. Clayton Gill

Attorney

Phone 208 385 5478
Office 208 345 2000
Fax 208 385 5384
Toll Free 800 422 2889

Biography

Clay Gill is a member of the Board of Directors of the Idaho law firm, Moffatt Thomas.  Mr. Gill takes on each of his clients’ issues as if they were his own.  His passion and creativity distinguish him from most lawyers.  On the litigation front he excels at trial strategy.  His business and financial background makes him a strong candidate for all commercial litigation matters.  On the transactional front, his experience in corporate formation, corporate governance, commercial contracts, employment law, and insurance makes him an ideal candidate for small or medium sized companies looking for an outside general counsel.

Some of Mr. Gill’s litigation successes include:

  • Represented local franchise in 4 week trial against national franchisor that resulted in $6.4 million jury verdict in client’s favor, including unanimous $4.75 million punitive damage award; handled jury selection and direct examination of damage expert as well as general case strategy from inception through trial. More information available by clicking here.
  • Multiple lawsuits against the federal government for breach of contract and quiet title, resulting in settlements exceeding $25 million – Atwood-Leisman v. United States, 72 Fed. Cl. 142 (2006).
  • Defense judgment and award of attorney fees in employment discrimination and retaliation lawsuit filed by EEOC in Idaho federal district court.
  • Reversal of $2.5 million judgment and order from Idaho Supreme Court directing lower court to enter judgment in favor of Mr. Gill’s client – American Bank v. Wadsworth, 307 P.3d 1212 (2013).
  • Defense judgment in catastrophic injury case involving two plaintiffs, one of whom lost both legs, and both of whom were completely and totally disabled as a result of the accident.

Getting to Know Clay Gill

In 1987, Clay was one of two Idaho junior golfers to qualify for the USGA Junior Amateur Championship in Vail, Colorado, where he competed against junior golfers from all across the United States and Canada, including Phil Mickelson (Masters, British Open, and PGA Champion), Jim Furyk (U.S. Open Champion), Stewart Cink (British Open Champion), and Mike Weir (Masters Champion).

In 2007, he returned the favor he owed to junior golf by persuading the Trusted Choice Big “I” National Championship, presented by the Tiger Woods Golf Foundation, to hold their national tournament at his home golf course in Boise, Idaho, where Clay served as Volunteer Co-Chair.  This event drew the top junior golfers from 48 different states and was heralded by the Big “I” national committee as its best tournament in its 40-year history.


 

Clay is a sponsor and member of Boise Angel Alliance, which in turn, is a member of the Angel Capital Association.

 

Ratings & Recognitions

  • Chambers and Partners – Litigation: General Commercial – Idaho (Chambers and Partners identifies and ranks the most outstanding law firms and lawyers in over 180 jurisdictions throughout the world.)
  • Super Lawyers – Top Rated Business Litigation Attorney in Boise, Idaho
  • Martindale Hubbell – AV Preeminent Rating
  • Idaho Business Review 40 under 40 – 2004

Education

  • J.D., Tulane University Law School, cum laude, 1994
  • B.A., Vanderbilt University, 1991

Admissions

  • Idaho State and Federal Courts
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Federal Claims in Washington, D.C.
  • U.S. Court of Appeals for the Federal Circuit in Washington, D.C.

Professional & Civic Activities

  • Moffatt Thomas, Board of Directors
  • Idaho Trial Skills Academy, Co-Chair (2017 and 2019), Chair (2021)
  • Idaho State Bar, Employment & Labor Law Section: Vice-Chair (2016-present)
  • Idaho Civil Rules Advisory Committee (2007-present)
  • Idaho State Bar, Litigation Section: Chair (2015), Treasurer (2014), At Large Council Member (2013-present)
  • Chair of the 2012 Idaho State Bar Litigation Section CLE, “Mastering the Art of Voir Dire: Experts in Action”American Inn of Court No. 130, Bencher
  • Boise Angel Alliance
  • Human Resources Association of Treasure Valley, Board of Directors (2014-2016)
  • Society of Human Resource Management, Member
  • American Bar Association — Business Law Section

Professional Publications

  • “Minority Shareholder Oppression – an Equitable Remedy for a Wrongfully Terminated Owner in a Closely Held Company” The Advocate, May 2017.
    Download pdf:  Minority Shareholder Oppression, by C. Clayton Gill
  • “DOL Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016,” Update
  • “Are Your Clients Ready for a Wage and Hour Audit?”  The Advocate, January 2015  Download PDF
  • “Update on Gay and Lesbian Marriage Cases and Impact on Idaho Employers,” Download PDF
  • “An Employment Law Update on Gay and Lesbian Rights,” Idaho Business Review, May 21, 2014 Download PDF
  • “Things to Consider When Starting Up a Company in Idaho – A Lawyer’s Perspective,” publicly available at www.Startup-Idaho.com Download PDF

Seminars

  • “Startup 101 – Understanding and Navigating the Risks of a Startup Company,” Boise Startup Week, October 18, 2016.
  • “Are You Ready for the New DOL Overtime Rules?” Idaho State Bar Business and Corporate Law Section, October 12, 2016.
  • “The New Workforce – Fitting New Workplace Realities Under the Existing Legal Umbrella,” Idaho State Council of SHRM 2016 Employment Law Conference, September 30, 2016.
  • “Addressing the Legal Risks Associated with Telecommuting Employees,” Idaho State Bar Employment & Labor Law Section, September 28, 2016.
  • “Are You Ready for the New DOL Overtime Rules?” Human Resources Association of Treasure Valley, August 17, 2016.
  • “Amendments to the FLSA Regulations,” Idaho State Bar Employment and Labor Law Section, January 27, 2016.
  • “Update on the Proposed Amendments to the FLSA,” Moffatt Thomas Employment Law Breakfast Briefing, December 1, 2015.
  • “An Update on the LGBT Front and Its Impact on Idaho Employers,” Idaho Department of Commerce, Canyon County Employer Association, September 17, 2015.
  • “An Update on the LGBT Front and Its Impact on Idaho Employers,” Moffatt Thomas Breakfast Briefing, June 2, 2015.
  • “S-Corporation Issues:  The Advantages of Incorporating vs. Operating as a Proprietorship,” Presented to Leadership Idaho Agriculture at the Idaho Ag Summit, February 18, 2015.”Headline News 2014 Civil Law Updates,” Idaho State Bar CLE, December 12, 2014 Download PDF
  • “Documentation Any Trial Lawyer Would Like to See,” 2014 SHRM Employment Law Conference Download PDF
  • “Recruiting and Interviewing Done Right: Effective Hiring Strategies to Build a Great Team,” Boise Metro Chamber of Commerce Business Education Series, May 22, 2014
  • “Medical Examinations and Medical Certifications Under the ADA and FMLA,” June 20, 2013 Download PDF
  • “Attorney’s Guide to Cross-Examining or Defending the Financial or Business Valuation Expert,” NBI Seminar, June 6, 2013
  • “Choosing the Business Entity and Financing the Operation,” Leadership Idaho Agricultural Group Meeting, February 20, 2013
  • “Practical Suggestions for Electronic Device and Internet Use in the Workplace,” December 18, 2012 Download PDF
  • “Prudent Hiring and Termination Practices – A Lawyer’s Perspective,” SHRM 2012 Employment Law & Legislative Conference Download PDF
  • “Addressing Current FLSA Challenges While Managing Risk,” SHRM 2012 Employment Law & Legislative Conference Download PDF
  • “Recent Developments in Idaho’s Mechanic Lien Laws,” Idaho Land Title Association Education Seminar, September 14, 2011 Download PDF
  • “Tips for Avoiding the Often Forgotten Retaliation Claim,” SHRM 2010 Employment Law & Legislative Conference Download PDF
  • “515 Prepayment Options from A to Z,” 2007 CARH Mid-Year Meeting in Miami, Florida Download PDF
  • “Give Me Freedom or Give Me Money, 515 Litigation Update,” 2005 CARH Mid-Year Meeting in New Orleans, Louisiana Download PDF
  • “Enforcing Your Prepayment Rights Without Submitting to ELIHPA or 1965-E, The Anatomy of a Quiet Title Lawsuit,” 2004 CARH Mid-Year Meeting in Scottsdale, Arizona

Community Activities

  • Bogus Basin Ski Education Foundation, Board Member (April 2017 – present)
  • Friends of Zoo Boise, Board Member (2002 – 2009) and two-term Board President
  • Crane Creek Country Club, Board Member (2008 – 2011)
  • City Club of Boise Member
  • Classroom Volunteer at Highlands Elementary (2010 – 2013)
  • Youth Soccer Coach (2005 – 2011)

Testimonials

Some testimonials about Mr. Gill’s prior work include:

    •  By a general counsel of a national financial institution:  “I do not often hear clients refer to our outside attorneys as being ‘exceptional,’ but that is what happened here in your case.  I understand that much of the credit goes to you and your excellent outline of our position to the mediator.”
    • By an individual whom Mr. Gill successfully represented in a minority shareholder oppression lawsuit:  “I wanted to say thank you again for all the hard work you put into this case.  You did an outstanding job and I wouldn’t have wanted anyone else to do this with me.”
    • By a private practice attorney – “Clay is an excellent attorney. In cases I have had against him, I have found that he always does his homework and is never caught unprepared. I would have no qualms about referring even a member of my family to him for legal representation.”
    • By a judge – “Mr. Gill is extremely bright and capable, is always prepared, presents solid arguments, is practical and courteous, and demonstrates a high level of professionalism. He represents his clients extremely well, thoroughly urging their interests, but at the same time does not ‘churn’ files. He is respected by the bench, the bar, and, not to be overlooked, the very important courthouse staff. He is a credit to the profession–his civility, ethics, and conscientiousness make him a judge’s ‘dream.’”
    • By a federal judge when awarding attorney fees to Mr. Gill’s client – “Frankly, having considered many requests for awards of attorneys’ fees over a period of nearly three decades on the bench, Transnation’s request here is perhaps the most reasonable such motion the undersigned has had the occasion to review.”
    • By a principal of an international technology company:  “We worked with Clay Gill, at Moffatt Thomas Barrett Rock & Fields, who represented our international companies (Singapore, India) in Idaho state court. Clay is sharp, thoughtful, and incredibly detailed. Not a single thing is overlooked or slipped through. With Clay et al, we always felt one step ahead in our commercial litigation.”
    • By a founder of an Idaho investor group that has invested millions of dollars in local start-up high-growth-potential companies – “I would like you to know that your professionalism in handling this transaction and the documentation is the best I have seen in being involved with more than 25 deals in the last eight years.  Great job.  A pleasure working with you. Your document checklist and inventory is terrific!”