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Neal H. Klausner is co-chair of Davis & Gilbert's Litigation Practice Group and serves as general counsel for the firm. 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 has been selected as a Super Lawyer by New York Metro Super Lawyers from 2007-2020 (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

"Survey Says! The Use of Consumer Perception Surveys in Advertising-Related Litigation," Davis & Gilbert Counsel 2U®: IP Litigation Seminar, March 5, 2020

PUBLICATIONS

Co-Author, "Protective Covenant Considerations in the COVID-19 Era," D&G Employment Litigation Alert, May 2020

Co-Author, "Copying Photographs Found Online and the Fair Use Defense," D&G Intellectual Property Litigation Alert, July 2019

Co-Author, "When Does "Copying" a Photograph of a Building Constitute Copyright Infringement?" D&G Intellectual Property Litigation Alert, October 2018

Co-Author, "New York Courts Reaffirm That They Will Not Consider Extrinsic Evidence When Interpreting Unambiguous Contracts," D&G Litigation Alert, June 2018

Co-Author, "New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow to Consumer Class Actions Under the Act," D&G Litigation Alert, May 2018

Co-Author, "Enhancing the Likelihood of Enforcement of a Forum Selection Clause in an Online Contract," D&G Commercial Litigation Alert, March 2018

Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2015, and 2016 and 2017 updates

Co-Author, "Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions," D&G Litigation Alert, November 2017

Co-Author, "Possibility Defeats Practicality: Federal Court of Appeals Limits Class Action Defense Regarding Infeasibility of Ascertaining Class Members," D&G Litigation Alert, August 2017

Co-Author, "Expert Q&A on Right of Publicity Claims," Practical Law, April/May 2017

Author, "Enforcing Restrictive Covenants Against Employees Discharged Without Cause," D&G Litigation Alert, April 2017

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association, Trade Secrets Committee
American Bar Association
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

"Survey Says! The Use of Consumer Perception Surveys in Advertising-Related Litigation," Davis & Gilbert Counsel 2U®: IP Litigation Seminar, March 5, 2020

PUBLICATIONS

Co-Author, "Protective Covenant Considerations in the COVID-19 Era," D&G Employment Litigation Alert, May 2020

Co-Author, "Copying Photographs Found Online and the Fair Use Defense," D&G Intellectual Property Litigation Alert, July 2019

Co-Author, "When Does "Copying" a Photograph of a Building Constitute Copyright Infringement?" D&G Intellectual Property Litigation Alert, October 2018

Co-Author, "New York Courts Reaffirm That They Will Not Consider Extrinsic Evidence When Interpreting Unambiguous Contracts," D&G Litigation Alert, June 2018

Co-Author, "New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow to Consumer Class Actions Under the Act," D&G Litigation Alert, May 2018

Co-Author, "Enhancing the Likelihood of Enforcement of a Forum Selection Clause in an Online Contract," D&G Commercial Litigation Alert, March 2018

Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2015, and 2016 and 2017 updates

Co-Author, "Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions," D&G Litigation Alert, November 2017

Co-Author, "Possibility Defeats Practicality: Federal Court of Appeals Limits Class Action Defense Regarding Infeasibility of Ascertaining Class Members," D&G Litigation Alert, August 2017

Co-Author, "Expert Q&A on Right of Publicity Claims," Practical Law, April/May 2017

Author, "Enforcing Restrictive Covenants Against Employees Discharged Without Cause," D&G Litigation Alert, April 2017

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association, Trade Secrets Committee
American Bar Association
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