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Davis & Gilbert litigators are seasoned trial and appellate attorneys who forcefully and aggressively pursue our clients’ interests – by either asserting claims or defending them. We also have a proven ability to counsel clients and to assess potential or actual litigation claims in order to resolve disputes in an efficient manner, consistent with our client’s business goals.

THE DAVIS & GILBERT ADVANTAGE
The unique strength of Davis & Gilbert’s Litigation department is based on the depth and breadth of the skills and experience of our attorneys. Many of our attorneys served as law clerks to federal or state trial or appellate judges, as federal or state prosecutors, or had established careers at major litigation law firms. Our department also derives great benefit from the presence of a retired judge of the Commercial Division of the New York Supreme Court, who provides invaluable insights on strategy and the judiciary. Additionally, several of our partners have been asked by members of the federal judiciary to serve as court-appointed mediators and special masters while others have served and continue to serve on prominent committees of the New York State and New York City Bar Associations.

OUR PRACTICE
Our litigators regularly represent clients in a broad range of fields, including numerous companies in service sector industries such as marketing communications, new media and technology, publishing, fashion, retail, hospitality and financial services. In each of these dynamic sectors, our clients’ key assets are typically their know-how and their people, and Davis & Gilbert has distinct experience in the types of litigation that occur frequently for these types of businesses. Our extensive experience includes a full spectrum of commercial matters, including contract disputes, restrictive covenants, employment issues, trademark and copyright infringement, false advertising, unfair competition, domain name protection, securities fraud, and real estate litigation. While Davis & Gilbert is based in New York, we have litigated matters in diverse courts before many judges throughout the country, and we frequently serve as general outside counsel to clients with offices or subsidiaries across the country.

Our Litigation practice and attorneys have received prominent national recognition. The firm was further featured in The National Law Journal’s Midsize Hot List three years in a row (2012-2014), and the 2012 feature article highlighted several of the firm’s intellectual property litigation successes. The firm was also recognized by U.S. News & World Report – Best Lawyers “Best Law Firms” in the “Litigation – Labor and Employment” category both nationally (Tier 1) and in New York City Metropolitan (Tier 1) 2015-2017. Furthermore, two of our partners authored the chapter on Employment Restrictive Covenants and Other Post-Employment Restrictions in Commercial Litigation in New York State Courts, the definitive treatise for procedural and substantive legal issues in New York commercial litigation practice.

OUR INTEGRATED APPROACH
Our litigators also have the advantage of access to knowledgeable attorneys in our firm’s other practice areas, including Labor & Employment; Benefits & Compensation; Intellectual Property; Technology, Digital Media & Privacy; Advertising, Marketing & Promotions (including an alumnus of the Federal Trade Commission); Corporate (including an alumnus of the Securities and Exchange Commission’s enforcement division); Real Estate; and Entertainment, Media & Publishing. The Litigation department also provides essential support to clients in all these practice areas, which keeps our litigators at the forefront of the latest developments and trends.

A LITIGATION ALTERNATIVE
Davis & Gilbert litigators have had great success in containing legal disputes and preventing them from escalating into major litigations. We routinely seek creative ways to resolve disputes and were among the earliest proponents of alternative dispute resolution (ADR). Several of our attorneys serve as court-appointed certified mediators or arbitrators, thus providing our clients with additional expert resources to resolve disputes outside of the judicial system. We have been involved in many arbitrations/mediations before the American Arbitration Association, JAMS and the Equal Employment Opportunity Commission, among others.

PRIMARY AREAS OF CONCENTRATION:

Intellectual Property Litigation
  • Advertising & Marketing
    - False advertising, false endorsement and deceptive practices
    - Consumer class actions
    - Rights of privacy and publicity
    - Arbitrations with the Screen Actors Guild, the American Federation of
      Television and Radio Artists, the Writers Guild and the Directors Guild
  • Trademark
    - Trademark infringement
    - Trade dress disputes
    - Unfair competition
    - Federal and state law dilution claims
  • Copyright
    - Copyright infringement
    - Idea misappropriation
  • Technology and New Media
    - Domain name infringement and cybersquatters
    - Patent infringement
    - Disputes in the video game industry
  • Media and Communications
    - Defamation
    - First Amendment rights and restrictions
Post-Employment Restrictions on Competition
  • Disputes involving non-competition, non-raiding and non-solicitation agreements
  • Claims involving fiduciary duties, misappropriation of corporate opportunities and tortious interference
  • Post-employment restrictions in employment agreements, deferred compensation plans or stock option plans
  • Offensive and defensive litigation strategies to assess the risks associated with hiring talent from competing organizations
  • Disputes involving en masse resignations and en masse hirings
Employment Disputes
  • Defending discrimination, sexual harassment and wrongful termination cases
  • Asserting and defending breach of executive and other employment contracts
  • Overtime and minimum wage claims under federal and state laws
  • Terminations and layoffs
  • Whistleblower claims
  • ERISA claims
  • Employee privacy issues
  • Protecting confidential business information and employee relationships
Financial Services Industry Litigation
  • Employment Disputes
    - Disputes involving complex compensation agreements
    - Claims involving garden leave and restrictive covenant agreements
    - Counseling regarding the Protocol for Broker Recruiting
    - Prosecution and defense of FINRA arbitrations
  • Commercial Litigation
    - Disputes with investors
    - Complex contract and antitrust disputes
    - Litigation concerning mortgage loans
    - Counseling in connection with government investigation into
      subprime lending practices
Complex Commercial Litigation
  • Breach of contract
  • Protection of trade secrets and recovery of lost profits
  • Creditors in bankruptcy proceedings
  • Federal securities
  • Antitrust and racketeering
  • Business-related crimes
Governmental and Regulatory Proceedings
  • Federal, state, multi-state, and municipal governmental actions, including Federal Trade Commission and Food & Drug Administration and various state Attorneys General
  • Bring and defend challenges before the Council of Better Business Bureau’s National Advertising Division, Children’s Advertising Review Unit and National Advertising Review Board
Real Estate
  • Lease disputes
  • Brokerage commission cases
  • Breach of quiet enjoyment/nuisance cases
  • Nonpayment and holdover proceedings involving landlords and tenants
  • Repairs and building operations
  • Tax escalations and operating expenses
  • Yellowstone injunctions
CONTACT US

For additional information on Davis & Gilbert‘s Litigation Practice, please contact:

Michael C. Lasky
212.468.4849
mlasky@dglaw.com

Neal H. Klausner
212.468.4992
klausner@dglaw.com


OUR INTEGRATED APPROACH
Our litigators also have the advantage of access to knowledgeable attorneys in our firm’s other practice areas, including Labor & Employment; Benefits & Compensation; Intellectual Property; Technology, Digital Media & Privacy; Advertising, Marketing & Promotions (including an alumnus of the Federal Trade Commission); Corporate (including an alumnus of the Securities and Exchange Commission’s enforcement division); Real Estate; and Entertainment, Media & Publishing. The Litigation department also provides essential support to clients in all these practice areas, which keeps our litigators at the forefront of the latest developments and trends.

A LITIGATION ALTERNATIVE
Davis & Gilbert litigators have had great success in containing legal disputes and preventing them from escalating into major litigations. We routinely seek creative ways to resolve disputes and were among the earliest proponents of alternative dispute resolution (ADR). Several of our attorneys serve as court-appointed certified mediators or arbitrators, thus providing our clients with additional expert resources to resolve disputes outside of the judicial system. We have been involved in many arbitrations/mediations before the American Arbitration Association, JAMS and the Equal Employment Opportunity Commission, among others.

PRIMARY AREAS OF CONCENTRATION:



Intellectual Property Litigation
  • Advertising & Marketing
    - False advertising, false endorsement and deceptive practices
    - Consumer class actions
    - Rights of privacy and publicity
    - Arbitrations with the Screen Actors Guild, the American Federation of
      Television and Radio Artists, the Writers Guild and the Directors Guild
  • Trademark
    - Trademark infringement
    - Trade dress disputes
    - Unfair competition
    - Federal and state law dilution claims
  • Copyright
    - Copyright infringement
    - Idea misappropriation
  • Technology and New Media
    - Domain name infringement and cybersquatters
    - Patent infringement
    - Disputes in the video game industry
  • Media and Communications
    - Defamation
    - First Amendment rights and restrictions
Post-Employment Restrictions on Competition
  • Disputes involving non-competition, non-raiding and non-solicitation agreements
  • Claims involving fiduciary duties, misappropriation of corporate opportunities and tortious interference
  • Post-employment restrictions in employment agreements, deferred compensation plans or stock option plans
  • Offensive and defensive litigation strategies to assess the risks associated with hiring talent from competing organizations
  • Disputes involving en masse resignations and en masse hirings
Employment Disputes
  • Defending discrimination, sexual harassment and wrongful termination cases
  • Asserting and defending breach of executive and other employment contracts
  • Overtime and minimum wage claims under federal and state laws
  • Terminations and layoffs
  • Whistleblower claims
  • ERISA claims
  • Employee privacy issues
  • Protecting confidential business information and employee relationships
Financial Services Industry Litigation
  • Employment Disputes
    - Disputes involving complex compensation agreements
    - Claims involving garden leave and restrictive covenant agreements
    - Counseling regarding the Protocol for Broker Recruiting
    - Prosecution and defense of FINRA arbitrations
  • Commercial Litigation
    - Disputes with investors
    - Complex contract and antitrust disputes
    - Litigation concerning mortgage loans
    - Counseling in connection with government investigation into
      subprime lending practices
Complex Commercial Litigation
  • Breach of contract
  • Protection of trade secrets and recovery of lost profits
  • Creditors in bankruptcy proceedings
  • Federal securities
  • Antitrust and racketeering
  • Business-related crimes
Governmental and Regulatory Proceedings
  • Federal, state, multi-state, and municipal governmental actions, including Federal Trade Commission and Food & Drug Administration and various state Attorneys General
  • Bring and defend challenges before the Council of Better Business Bureau’s National Advertising Division, Children’s Advertising Review Unit and National Advertising Review Board
Real Estate
  • Lease disputes
  • Brokerage commission cases
  • Breach of quiet enjoyment/nuisance cases
  • Nonpayment and holdover proceedings involving landlords and tenants
  • Repairs and building operations
  • Tax escalations and operating expenses
  • Yellowstone injunctions
CONTACT US

For additional information on Davis & Gilbert‘s Litigation Practice, please contact:

Michael C. Lasky
212.468.4849
mlasky@dglaw.com

Neal H. Klausner
212.468.4992
klausner@dglaw.com