Overview

Nicholas J. Clair is a Partner in Lozano Smith's Sacramento Office. Mr. Clair advises public agencies on facilities and business matters, governance issues, and emerging technology law, with particular expertise in artificial intelligence implementation and risk management. As a recognized AI expert, Mr. Clair helps school districts and other public agencies navigate the complex legal landscape of AI adoption, from policy development to contract negotiation. He also specializes in construction disputes, complex property transactions, governance matters, and conflicts of interest analysis.

Mr. Clair serves as general counsel to several joint powers authorities and special districts, bringing deep expertise in JPA formation, governance restructuring, and dissolution. His unique combination of traditional public agency law expertise and cutting-edge technology knowledge positions him to help clients address both current challenges and emerging opportunities.

Experience

Mr. Clair is a thought leader in AI law for public agencies, co-authoring the firm's comprehensive "AI Primer: Foundations of AI" and "AI Primer: Risks of AI" guides. He regularly advises public agencies on AI system selection and contract negotiations, particularly focusing on risk allocation for public-facing technologies and data privacy concerns. His technology practice extends to complex software licensing, intellectual property protection, FCC spectrum licensing issues, and emerging technology governance frameworks.

In his facilities and business practice, Mr. Clair handles sophisticated property acquisitions involving developer negotiations, annexation proceedings, and infrastructure reimbursement agreements. He regularly represents districts in construction disputes, guiding clients through claims processes, dispute resolution, and litigation when necessary.

Mr. Clair is a frequent presenter on AI and technology law at major California associations including the California Association of School Business Officials (CASBO), California Special Districts Association (CSDA), and Coalition for Adequate School Housing (CASH). His articles on AI risk management have been published in ACSA's EdCal magazine and California Special Districts magazine.

Prior to joining Lozano Smith, Mr. Clair was a Legislative Analyst for the California Special Districts Association, where he managed the Amicus Curiae Advocacy Program, drafted legal briefs, and provided legislative analysis on matters affecting special districts.

Education

Mr. Clair received his Juris Doctor degree with distinction from the University of the Pacific, McGeorge School of Law. Mr. Clair also received a certificate of concentration in Business Law. Upon graduation from McGeorge, Mr. Clair became a member of the Roger J. Traynor Honor Society. He earned his Bachelor of Arts in International and Comparative Politics from the University of Akron.

President Trump Signs Executive Order: Advancing Artificial Intelligence Education for Youth

By: Rebecca Glajchen, Nicholas Clair- 05/22/2025

OCR Warns of Discrimination Risks Caused by Use of AI

By: Nicholas Clair- 01/10/2025

Conflicts of Interest Legislation Roundup: Changes to Contribution Threshold and Familial Relationship Rules

By: Nicholas Clair- 10/22/2024

Senate Bill 1439 Expands Certain Prohibitions of Accepting Campaign Contributions from Persons or Entities with Business Before a Public Agency

By: Daniel McElhinney, Nicholas Clair- 12/06/2022

E73 Artificial Intelligence for Public Agencies and School Districts: Part 1- AI Primer

By: Karen Rezendes, Robert Lomeli, Nicholas Clair- 02/16/2024

Dive into the evolving world of Artificial Intelligence (AI) with the first episode in our new series, designed to cut through the hype and uncover the real impact of AI on public agencies. Lozano Smith's Managing Partner, Karen M. Rezendes, along with Lozano Smith attorneys Robert A. Lomeli, Karina Demirchyan, and Nicholas J. Clair, offer a foundational exploration of AI technologies like ChatGPT, Microsoft Copilot, and Google Gemini. This episode provides an accessible overview on how public employees are leveraging AI, the importance of keeping humans in the loop, and practical examples of AI in school environments and beyond. The team also addresses crucial concerns such as bias, accuracy, and the legal landscape surrounding AI, including copyright issues and cybersecurity risks. As we embark on this series, join us for essential insights and recommendations to navigate AI's promising yet challenging terrain in public agency operations.