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Davis & Gilbert litigators are seasoned trial 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 resolve disputes, enabling our clients to avoid litigation while achieving their business goals.

THE DAVIS & GILBERT ADVANTAGE
The unique strength of the Davis & Gilbert Litigation department is rooted in the depth and breadth of our attorneys’ experience. On a daily basis, our litigators assess business risks and resolve legal disputes for large public and private corporations, multinational holding companies, partnerships and joint ventures, entrepreneurial ventures, investment and financial institutions, marketing communications companies, global credit card issuers, media conglomerates, publishing entities and technology companies. We have litigated matters in diverse courts before many judges throughout the country.

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 INTEGRATED APPROACH
Our litigators also have the advantage of access to expert attorneys in our firm’s other practice areas, including Corporate (including an alumnus of the Securities and Exchange Commission’s enforcement division), Employment, Benefits & Compensation, Intellectual Property, Real Estate, New Media, Advertising, Marketing & Promotions (including an alumnus of the Federal Trade Commission), Entertainment, Media & Publishing and Estate Planning & Administration. 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.


OUR PRACTICE
While Davis & Gilbert is based in New York, we regularly have litigation matters pending simultaneously in federal and state jurisdictions across the country. We frequently serve as general outside counsel to clients with offices or subsidiaries across the country. We have extensive experience in issues unique to the advertising and public relations industries, as well as all kinds of commercial matters, including contract disputes, restrictive covenants, employment issues, false advertising, unfair competition, trademark and copyright infringement, domain name protection, securities fraud, real estate, trusts and estates, matrimonial issues and white collar crime.

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 and the Equal Employment Opportunity Commission, among others.

PRIMARY AREAS OF CONCENTRATION:

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
  • ERISA claims
  • Employee privacy issues
  • Protecting confidential business information and employee relationships
Restrictions on Competition
  • Disputes involving non-raiding and non-solicitation agreements
  • Claims involving fiduciary duties, misappropriation of corporate opportunities and tortious interference.
  • Contractual restrictions on executive post-termination agreements 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 mass en masse resignations and group departures
Financial Institutions – Employment Disputes
  • Disputes involving complex compensation agreements
  • Claims involving garden leave and restrictive covenant agreements
  • Counseling regarding the Protocol for Broker Recruiting
  • Counseling regarding en masse departures and en masse hirings
  • Prosecution and defense of FINRA arbitrations
Financial Institutions – Complex Litigations & Investigations
  • Representation of investment banks in disputes with investors
  • Complex contract and antitrust disputes
  • Litigation concerning mortgage loans
  • Counseling in connection with government investigation into subprime lending practices
Regulatory Proceedings
  • Federal, state, multi-state, and municipal governmental actions, including Federal Trade Commission and Food & Drug Administration and various state Attorneys General
  • Council of Better Business Bureau's National Advertising Division, Children's Advertising Review Unit and National Advertising Review Board
Contract Disputes and Business Torts
  • Breach of contract
  • Protection of trade secrets and recovery of lost profits
  • Creditors in bankruptcy proceedings
  • Federal securities
  • Antitrust and racketeering
  • Business-related crimes
Copyright
  • Copyright and trademark infringement
  • Idea misappropriation
  • Unfair competition
Trademark and New Media
  • Trade dress disputes
  • Federal and State law dilution claims
  • Domain name infringement and cybersquatters
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
Media and Communications
  • Defamation
  • First Amendment rights and restrictions
Real Estate
  • Fair market rental value
  • Lease and brokerage
  • Holdover proceedings involving landlords and tenants
  • Repairs and building operations
  • Tax escalations and operating expenses
CONTACT US

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

Michael C. Lasky
212.468.4849
mlasky@dglaw.com

Howard J. Rubin
212.468.4822
hrubin@dglaw.com

 


OUR INTEGRATED APPROACH
Our litigators also have the advantage of access to expert attorneys in our firm’s other practice areas, including Corporate (including an alumnus of the Securities and Exchange Commission’s enforcement division), Employment, Benefits & Compensation, Intellectual Property, Real Estate, New Media, Advertising, Marketing & Promotions (including an alumnus of the Federal Trade Commission), Entertainment, Media & Publishing and Estate Planning & Administration. 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.


OUR PRACTICE
While Davis & Gilbert is based in New York, we regularly have litigation matters pending simultaneously in federal and state jurisdictions across the country. We frequently serve as general outside counsel to clients with offices or subsidiaries across the country. We have extensive experience in issues unique to the advertising and public relations industries, as well as all kinds of commercial matters, including contract disputes, restrictive covenants, employment issues, false advertising, unfair competition, trademark and copyright infringement, domain name protection, securities fraud, real estate, trusts and estates, matrimonial issues and white collar crime.

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 and the Equal Employment Opportunity Commission, among others.

PRIMARY AREAS OF CONCENTRATION:



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
  • ERISA claims
  • Employee privacy issues
  • Protecting confidential business information and employee relationships
Restrictions on Competition
  • Disputes involving non-raiding and non-solicitation agreements
  • Claims involving fiduciary duties, misappropriation of corporate opportunities and tortious interference.
  • Contractual restrictions on executive post-termination agreements 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 mass en masse resignations and group departures
Financial Institutions – Employment Disputes
  • Disputes involving complex compensation agreements
  • Claims involving garden leave and restrictive covenant agreements
  • Counseling regarding the Protocol for Broker Recruiting
  • Counseling regarding en masse departures and en masse hirings
  • Prosecution and defense of FINRA arbitrations
Financial Institutions – Complex Litigations & Investigations
  • Representation of investment banks in disputes with investors
  • Complex contract and antitrust disputes
  • Litigation concerning mortgage loans
  • Counseling in connection with government investigation into subprime lending practices
Regulatory Proceedings
  • Federal, state, multi-state, and municipal governmental actions, including Federal Trade Commission and Food & Drug Administration and various state Attorneys General
  • Council of Better Business Bureau's National Advertising Division, Children's Advertising Review Unit and National Advertising Review Board
Contract Disputes and Business Torts
  • Breach of contract
  • Protection of trade secrets and recovery of lost profits
  • Creditors in bankruptcy proceedings
  • Federal securities
  • Antitrust and racketeering
  • Business-related crimes
Copyright
  • Copyright and trademark infringement
  • Idea misappropriation
  • Unfair competition
Trademark and New Media
  • Trade dress disputes
  • Federal and State law dilution claims
  • Domain name infringement and cybersquatters
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
Media and Communications
  • Defamation
  • First Amendment rights and restrictions
Real Estate
  • Fair market rental value
  • Lease and brokerage
  • Holdover proceedings involving landlords and tenants
  • Repairs and building operations
  • Tax escalations and operating expenses
CONTACT US

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

Michael C. Lasky
212.468.4849
mlasky@dglaw.com

Howard J. Rubin
212.468.4822
hrubin@dglaw.com