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Neal H. Klausner is co-chair of Davis & Gilbert’s Litigation Practice Group. He has extensive experience litigating complex commercial disputes, including cases of first impression, in a variety of areas:

  • Restrictive covenant and employment-related disputes
  • Contract disputes
  • Intellectual property matters
  • Consumer class actions
  • Disputes relating to the purchase and sale of businesses
  • Real estate matters

Mr. Klausner represents businesses in federal and state courts, as well as in arbitration and mediation and before federal and state regulatory agencies, and has handled cases in more than 15 states. In addition to obtaining dismissals and favorable settlements in numerous matters before trial, Mr. Klausner is also an experienced trial and appellate lawyer. He spearheaded the internal investigation of alleged billing fraud at a major public relations firm and has served as a court-appointed special master for copyright and trademark matters. Mr. Klausner is a trained mediator, and the New York Supreme Court has appointed him to facilitate the resolution of numerous complex business disputes. He frequently leads training sessions concerning right of publicity litigation, alternative dispute resolution and attorney-client privilege matters.

Mr. Klausner has published numerous articles concerning restrictive covenant, contract and intellectual property law. He also co-authored the chapter entitled “Employment Restrictive Covenants and Other Post-Employment Restrictions” in the highly-acclaimed treatise Commercial Litigation in New York Courts.

In recognition of his achievements, Mr. Klausner was selected as a Super Lawyer by New York Metro Super Lawyers (2008-2016) (Top 100 in 2011-2016). In 2013, he was awarded The Boris Kostelanetz President’s Medal “in recognition of his extraordinary record of dedication to The New York County Lawyers Association and distinguished service to the legal profession.”

In 1987-88, he was the law clerk to Justice Stewart Pollock of the New Jersey Supreme Court. Before joining Davis & Gilbert, Mr. Klausner was a litigation attorney at Paul, Weiss, Rifkind, Wharton & Garrison LLP. While in law school, Mr. Klausner was Managing Editor of the NYU Law Review.

REPRESENTATIVE ENGAGEMENTS

  • Successfully represented numerous companies in the software development, financial services, advertising, digital media, executive search, insurance brokerage, pharmaceutical, health care and other industries in restrictive covenant disputes in court and in arbitration.
  • Counseled a financial advisory firm on the Protocol for Broker Recruiting, facilitated the client’s joinder to the Protocol and successfully used the Protocol to defeat a lawsuit alleging breach of a restrictive covenant agreement.
  • Successfully defended one of the nation’s largest advertisers in various lawsuits alleging copyright infringement and misappropriation of ideas in connection with advertising and marketing campaigns.
  • Obtained a favorable settlement on behalf of a hospital in a trademark infringement action in which the other hospital agreed to change its name.
  • Following trial, obtained monetary damages and an injunction barring a competitor from making false statements concerning its products on its website for a new media company.
  • Defended companies in the consumer products and advertising industries in class actions and government enforcement actions alleging false advertising and deceptive marketing practices.
  • Represented various companies in connection with earn-out disputes and other matters relating to the purchase or sale of businesses.
  • Successfully moved to dismiss a complaint in arbitration alleging that a major commercial bank had fraudulently induced the plaintiff to leave a prior job and accept a position with the bank, thereby preventing the need for an arbitration hearing.
  • Obtained summary judgment on behalf of a company in a case brought by the former chief financial officer alleging breach of the company’s incentive compensation and severance plans.
  • Successfully defended numerous employees in lawsuits concerning claims of employment discrimination.
  • Successfully defended the owner of a significant commercial building in Manhattan at trial and on appeal in a series of lawsuits by tenants alleging that the owner should have reduced their rent when real estate taxes on the building decreased.
  • Represented both landlords and tenants in disputes concerning the determination of fair market rent.
  • Obtained a multimillion-dollar jury verdict for a law firm in a breach of contract dispute with a former client and successfully defended this verdict on appeal.

SPEAKING ENGAGEMENTS

"The Ghost in the Darkness: Advanced Techniques for Defending Against Class Action Litigation," American Conference Institute's 4th Advanced Forum on Resolving & Litigating Advertising Disputes, March 12-13, 2015

"Protecting Your Mark: Defending Against the Unauthorized Use of Your Brand's Intellectual Property," American Conference Institute’s 3rd Annual Forum on Litigating and Resolving Advertising Disputes, June 19-20, 2012

"Litigating Right of Publicity Claims: From Arenas to Zooey - Recent Attempts to Expand Publicity Rights," Davis & Gilbert Intellectual Property Litigation Breakfast Seminar, April 26, 2012

"Employing Effective Settlement Strategies", American Conference Institute’s Expert Forum on Litigating & Resolving Advertising Disputes, June 15-16, 2010

PUBLICATIONS

Co-Author, "'I Agreed to What?' – Federal Court Decision May Increase Scrutiny of Online Terms and Conditions," D&G Commercial Litigation Alert, September 2016, republished in The Licensing Journal, November/December 2016

Co-Author, "Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions," D&G Litigation Alert, July 2016

Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2016

Author, "Restrictive Covenant Keys: Choice of Law, Forum Selection Provisions," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, ""Ascertainable" Class Members in Consumer False Advertising Actions," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "AAA Now Requires Pre-Approval and Registration of Arbitration Clauses in Consumer Agreements, including Website Terms & Conditions," D&G Litigation Alert, September 2015

Co-Author, "Restrictive Covenants for New York Employees Must Be Tailored to Comply with New York Law," D&G Litigation Alert, July 2015

Co-Author, "New York Federal Court Reminds Litigants of the Limits of the Attorney-Client Privilege," D&G Litigation Alert, January 2015

Co-Author, “Courts Put Down Their Blue Pencils,” New York Law Journal, October 20, 2014

Co-Author, "Trend Suggests New York Courts May Refuse to Partially Enforce Overly-Broad Restrictive Covenants," D&G Litigation Alert, June 2014

Co-Author, "A Strategy for an Early Challenge to the Class Action Complaint: The “Motion to Strike"," D&G Litigation Alert, February 2014

Co-Author, "Employees Who Don't "Opt-Out" Of Employer's Arbitration Policy May Be Bound," D&G Litigation Alert, December 2013

Co-Author, "Service of Documents Via Facebook? One Judge "Likes" It," D&G Litigation Alert, April 2013

Co-Author, "Are Restrictive Covenants Enforceable Against Employees Terminated Without Cause?" New York Law Journal, March 25, 2013

Co-Author, "District Court Ruling May Lead to Increased Dodd-Frank Retaliation Suits," D&G Litigation Alert, December 2012

Co-Author, “Ninth Circuit Draws Line On Red Carpet In Determining Consent In Right Of Publicity Cases,” D&G Intellectual Property Litigation Alert, August 2012

Author, "Expert Q&A on Recent Attempts to Expand the Right of Publicity," Practical Law Company, May 2012

Co-Author, "NBA Player's Broad Publicity Rights Claim over a Reality TV Show 'Rejected,'" D&G Litigation Newsletter, Winter 2012

Co-Author, "Ninth Circuit Confirms That Keyword Advertising Can Be Trademark Infringement, But Raises The Bar To Prove Infringement," D&G Intellectual Property Litigation Alert, March 2011

Co-Author, "Government Seizes Websites On Suspicion Of Copyright Infringement," D&G Intellectual Property Litigation Alert, February 2011

Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2010

Co-Author, "Using Liquidated Damages Clauses in Employment Contracts," D&G Litigation Alert, October 2009

Co-Author, “Arbitration Discovery Has Its Limits,” Law 360, February 18, 2009

Author, "The Protocol for Broker Migration: Have Signatory Firms Effectively Conceded That Certain Client Information is Not Confidential?,” The Metropolitan Corporate Counsel, November 2008

Co-Author, "Is Silence Golden?," New York Law Journal's Litigation section, April 2008

Co-Author, "Communicating With Employees Or Former Employees Of A Represented Party," The Metropolitan Corporate Counsel, August 2007

Author, "Are Consumer Class Action Waiver Provisions Enforceable?," The Banking Law Journal, February 2007

Author, "Ensuring Fair Competition When a Former Employee Has No Restrictive Covenant: Common Law For Employers," The Metropolitan Corporate Counsel, January 2005

PRESS

Quoted, Hedge Fund Report, "Attorney-Consultant Privilege? Specific Circumstances Where Fund Managers May – and May Not – Be Able to Use Kovel Arrangements," November 4, 2016

Mentioned, Courthouse News Service, "Bar Exam Prep Course Case Headed to Trial," by Don Debenedictus, March 29, 2016

Quoted, Campaign, "The World: Obama Rules Over False US Ads in the Wild West," by Ann Cooper, October 30, 2009

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association
American Bar Association
Habitat for Humanity of Bergen County, Vice President and Board Member
American Bar Foundation, Fellow

BAR ADMISSIONS

New York
New Jersey
U.S. District Courts, Southern and Eastern Districts of New York
U.S. District Courts, Southern and Eastern Districts of New Jersey
U.S. Supreme Court
U.S. Court of Appeals, Second Circuit

EDUCATION

New York University School of Law, J.D., 1987
Tufts University, B.A., magna cum laude, 1984


REPRESENTATIVE ENGAGEMENTS

  • Successfully represented numerous companies in the software development, financial services, advertising, digital media, executive search, insurance brokerage, pharmaceutical, health care and other industries in restrictive covenant disputes in court and in arbitration.
  • Counseled a financial advisory firm on the Protocol for Broker Recruiting, facilitated the client’s joinder to the Protocol and successfully used the Protocol to defeat a lawsuit alleging breach of a restrictive covenant agreement.
  • Successfully defended one of the nation’s largest advertisers in various lawsuits alleging copyright infringement and misappropriation of ideas in connection with advertising and marketing campaigns.
  • Obtained a favorable settlement on behalf of a hospital in a trademark infringement action in which the other hospital agreed to change its name.
  • Following trial, obtained monetary damages and an injunction barring a competitor from making false statements concerning its products on its website for a new media company.
  • Defended companies in the consumer products and advertising industries in class actions and government enforcement actions alleging false advertising and deceptive marketing practices.
  • Represented various companies in connection with earn-out disputes and other matters relating to the purchase or sale of businesses.
  • Successfully moved to dismiss a complaint in arbitration alleging that a major commercial bank had fraudulently induced the plaintiff to leave a prior job and accept a position with the bank, thereby preventing the need for an arbitration hearing.
  • Obtained summary judgment on behalf of a company in a case brought by the former chief financial officer alleging breach of the company’s incentive compensation and severance plans.
  • Successfully defended numerous employees in lawsuits concerning claims of employment discrimination.
  • Successfully defended the owner of a significant commercial building in Manhattan at trial and on appeal in a series of lawsuits by tenants alleging that the owner should have reduced their rent when real estate taxes on the building decreased.
  • Represented both landlords and tenants in disputes concerning the determination of fair market rent.
  • Obtained a multimillion-dollar jury verdict for a law firm in a breach of contract dispute with a former client and successfully defended this verdict on appeal.

SPEAKING ENGAGEMENTS

"The Ghost in the Darkness: Advanced Techniques for Defending Against Class Action Litigation," American Conference Institute's 4th Advanced Forum on Resolving & Litigating Advertising Disputes, March 12-13, 2015

"Protecting Your Mark: Defending Against the Unauthorized Use of Your Brand's Intellectual Property," American Conference Institute’s 3rd Annual Forum on Litigating and Resolving Advertising Disputes, June 19-20, 2012

"Litigating Right of Publicity Claims: From Arenas to Zooey - Recent Attempts to Expand Publicity Rights," Davis & Gilbert Intellectual Property Litigation Breakfast Seminar, April 26, 2012

"Employing Effective Settlement Strategies", American Conference Institute’s Expert Forum on Litigating & Resolving Advertising Disputes, June 15-16, 2010

PUBLICATIONS

Co-Author, "'I Agreed to What?' – Federal Court Decision May Increase Scrutiny of Online Terms and Conditions," D&G Commercial Litigation Alert, September 2016, republished in The Licensing Journal, November/December 2016

Co-Author, "Internet Retailers Beware: NJ Truth-in-Consumer Contract, Warranty and Notice Act Impacts Online Terms and Conditions," D&G Litigation Alert, July 2016

Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2016

Author, "Restrictive Covenant Keys: Choice of Law, Forum Selection Provisions," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, ""Ascertainable" Class Members in Consumer False Advertising Actions," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "AAA Now Requires Pre-Approval and Registration of Arbitration Clauses in Consumer Agreements, including Website Terms & Conditions," D&G Litigation Alert, September 2015

Co-Author, "Restrictive Covenants for New York Employees Must Be Tailored to Comply with New York Law," D&G Litigation Alert, July 2015

Co-Author, "New York Federal Court Reminds Litigants of the Limits of the Attorney-Client Privilege," D&G Litigation Alert, January 2015

Co-Author, “Courts Put Down Their Blue Pencils,” New York Law Journal, October 20, 2014

Co-Author, "Trend Suggests New York Courts May Refuse to Partially Enforce Overly-Broad Restrictive Covenants," D&G Litigation Alert, June 2014

Co-Author, "A Strategy for an Early Challenge to the Class Action Complaint: The “Motion to Strike"," D&G Litigation Alert, February 2014

Co-Author, "Employees Who Don't "Opt-Out" Of Employer's Arbitration Policy May Be Bound," D&G Litigation Alert, December 2013

Co-Author, "Service of Documents Via Facebook? One Judge "Likes" It," D&G Litigation Alert, April 2013

Co-Author, "Are Restrictive Covenants Enforceable Against Employees Terminated Without Cause?" New York Law Journal, March 25, 2013

Co-Author, "District Court Ruling May Lead to Increased Dodd-Frank Retaliation Suits," D&G Litigation Alert, December 2012

Co-Author, “Ninth Circuit Draws Line On Red Carpet In Determining Consent In Right Of Publicity Cases,” D&G Intellectual Property Litigation Alert, August 2012

Author, "Expert Q&A on Recent Attempts to Expand the Right of Publicity," Practical Law Company, May 2012

Co-Author, "NBA Player's Broad Publicity Rights Claim over a Reality TV Show 'Rejected,'" D&G Litigation Newsletter, Winter 2012

Co-Author, "Ninth Circuit Confirms That Keyword Advertising Can Be Trademark Infringement, But Raises The Bar To Prove Infringement," D&G Intellectual Property Litigation Alert, March 2011

Co-Author, "Government Seizes Websites On Suspicion Of Copyright Infringement," D&G Intellectual Property Litigation Alert, February 2011

Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2010

Co-Author, "Using Liquidated Damages Clauses in Employment Contracts," D&G Litigation Alert, October 2009

Co-Author, “Arbitration Discovery Has Its Limits,” Law 360, February 18, 2009

Author, "The Protocol for Broker Migration: Have Signatory Firms Effectively Conceded That Certain Client Information is Not Confidential?,” The Metropolitan Corporate Counsel, November 2008

Co-Author, "Is Silence Golden?," New York Law Journal's Litigation section, April 2008

Co-Author, "Communicating With Employees Or Former Employees Of A Represented Party," The Metropolitan Corporate Counsel, August 2007

Author, "Are Consumer Class Action Waiver Provisions Enforceable?," The Banking Law Journal, February 2007

Author, "Ensuring Fair Competition When a Former Employee Has No Restrictive Covenant: Common Law For Employers," The Metropolitan Corporate Counsel, January 2005

PRESS

Quoted, Hedge Fund Report, "Attorney-Consultant Privilege? Specific Circumstances Where Fund Managers May – and May Not – Be Able to Use Kovel Arrangements," November 4, 2016

Mentioned, Courthouse News Service, "Bar Exam Prep Course Case Headed to Trial," by Don Debenedictus, March 29, 2016

Quoted, Campaign, "The World: Obama Rules Over False US Ads in the Wild West," by Ann Cooper, October 30, 2009

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association
American Bar Association
Habitat for Humanity of Bergen County, Vice President and Board Member
American Bar Foundation, Fellow

BAR ADMISSIONS

New York
New Jersey
U.S. District Courts, Southern and Eastern Districts of New York
U.S. District Courts, Southern and Eastern Districts of New Jersey
U.S. Supreme Court
U.S. Court of Appeals, Second Circuit

EDUCATION

New York University School of Law, J.D., 1987
Tufts University, B.A., magna cum laude, 1984