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Jennifer Tafet Klausner is a partner in the Litigation Practice Group of Davis & Gilbert and also co-chairs the firm’s Diversity Committee. She has extensive experience handling commercial matters, including intellectual property, real estate, employment and contract disputes. Ms. Klausner also has experience handling negligence actions and has helped a number of clients recover significant monies in check fraud cases.

Ms. Klausner has trial experience, in both state and federal court, and has argued appeals before the Appellate Division of the New York State Supreme Court. She has also worked extensively with clients to resolve disputes in arbitrations and mediations and has obtained numerous favorable results for various clients in such proceedings. In recognition of her achievements, Ms. Klausner was selected as a Super Lawyer by New York Metro Super Lawyers (2013-2016).

REPRESENTATIVE ENGAGEMENTS

Commercial Litigation

  • Successfully defended Procter & Gamble Productions, Inc. in a music copyright case brought in New York federal court in which plaintiffs claimed infringement and breach of contract and sought damages of over $10 million arising from foreign cable distribution of daytime soap operas. The court dismissed plaintiffs’ claims in their entirety after a four-day bench trial.
  • Successfully represented one of the country’s largest publicly traded REITs in a real estate brokerage commission case at a trial jury
  • Obtained a favorable settlement, after mediation, on behalf of one of the world's leading providers of recruitment communications in a breach of contract case against a supplier of on-line staffing management services in connection with a strategic alliance agreement.
  • Successfully defended an advertising agency in an arbitration commenced by an individual claiming breach of contract as a result of the agency’s alleged failure to pay a “success fee” in connection with the individual’s purported attempt to help finance the agency.
  • Successfully defended a leading provider of network digital displays in a breach of a restrictive covenant, tortious interference, misappropriation of confidential information and unfair competition case brought against it and two employees by the employees’ former employer.
  • Obtained a favorable settlement on behalf of a media-buying agency in an action against an advertiser that refused to pay for network and print media the agency purchased on its behalf.
  • Obtained favorable settlements for various clients in actions commenced by them against their banks seeking reimbursement for improper payment of fraudulent checks.
  • Successful defense at trial and on appeal for Dine-A-Mate, Inc., a company selling discount coupon books, in an action commenced by an independent contractor who sold such books by contract with Dine-A-Mate.
  • Successfully defended an investor relations firm in a defamation action.

Employment Litigation

  • Obtained a favorable settlement in a whistleblower retaliation, age and race discrimination case.
  • Successfully defended a direct marketer in a class action and favorably settled after filing a motion to dismiss.
  • Defeated a preliminary injunction application brought by a software company against a former employee and new employer. Favorably settled case after the court refused to preliminary enjoin the former employee from working for his new employer.

Intellectual Property Litigation

  • Obtained a favorable settlement, after mediation, on behalf of Geoffrey Beene, Inc. in trademark action it commenced against a former licensee.
  • Obtained a favorable settlement on behalf of several advertising agencies with respect to claims of copyright infringement by the publisher of a weekly newsletter.

SPEAKING ENGAGEMENTS

"What It's Really Like to Practice Law as a Woman," New York City Bar, July 10, 2013

PUBLICATIONS

Author, "Best Practices for Legal Hold Notices," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "Commercial Lease Rent Acceleration Clauses: For How Long Will They Be Enforceable?" D&G Litigation Alert, May 2015

Co-Author, "Protect Your Tweets: A Cautionary Tale Regarding Social Media Account Ownership," D&G Litigation Alert, January 2013

Co-Author, "More Than Ever, Companies Must Be Extra Vigilant About Protecting Their Trade Secrets," D&G Litigation Alert, May 2012

Co-Author, "Limits of Concepcion: Will Class Action Waivers be Upheld by the Lower Courts?" D&G Litigation Newsletter, Winter 2012

Co-Author, "Going it Alone: Agreeing to Waive the Right to Bring a Class Action," D&G Litigation Newsletter, Summer 2011 

Co-Author, "When Is An Early Termination Fee Considered Unjust Enrichment?" D&G Litigation Newsletter, Winter 2011 

Co-Author, "But Only My Facebook Friends Can See That! Social Media and Privacy Settings in Discovery," D&G Litigation Newsletter, Winter 2011 

Author, "Considering Arbitration: The Benefits, Risks and Recommendations," The Metropolitan Corporate Counsel, March 2004

PRESS

Mentioned, "Florida Location May Have Been False, But It Was Not Defamatory, Judge Rules," by Joel Stashenko, May 22, 2013

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association
New York Women's Bar Association
New York County Lawyers' Association

BAR ADMISSIONS

New York
U.S. District Courts, Southern and Eastern Districts of New York

EDUCATION

Benjamin Cardozo School of Law, J.D., magna cum laude, 1992
University of Michigan, B.A., with distinction, 1989


REPRESENTATIVE ENGAGEMENTS

Commercial Litigation

  • Successfully defended Procter & Gamble Productions, Inc. in a music copyright case brought in New York federal court in which plaintiffs claimed infringement and breach of contract and sought damages of over $10 million arising from foreign cable distribution of daytime soap operas. The court dismissed plaintiffs’ claims in their entirety after a four-day bench trial.
  • Successfully represented one of the country’s largest publicly traded REITs in a real estate brokerage commission case at a trial jury
  • Obtained a favorable settlement, after mediation, on behalf of one of the world's leading providers of recruitment communications in a breach of contract case against a supplier of on-line staffing management services in connection with a strategic alliance agreement.
  • Successfully defended an advertising agency in an arbitration commenced by an individual claiming breach of contract as a result of the agency’s alleged failure to pay a “success fee” in connection with the individual’s purported attempt to help finance the agency.
  • Successfully defended a leading provider of network digital displays in a breach of a restrictive covenant, tortious interference, misappropriation of confidential information and unfair competition case brought against it and two employees by the employees’ former employer.
  • Obtained a favorable settlement on behalf of a media-buying agency in an action against an advertiser that refused to pay for network and print media the agency purchased on its behalf.
  • Obtained favorable settlements for various clients in actions commenced by them against their banks seeking reimbursement for improper payment of fraudulent checks.
  • Successful defense at trial and on appeal for Dine-A-Mate, Inc., a company selling discount coupon books, in an action commenced by an independent contractor who sold such books by contract with Dine-A-Mate.
  • Successfully defended an investor relations firm in a defamation action.

Employment Litigation

  • Obtained a favorable settlement in a whistleblower retaliation, age and race discrimination case.
  • Successfully defended a direct marketer in a class action and favorably settled after filing a motion to dismiss.
  • Defeated a preliminary injunction application brought by a software company against a former employee and new employer. Favorably settled case after the court refused to preliminary enjoin the former employee from working for his new employer.

Intellectual Property Litigation

  • Obtained a favorable settlement, after mediation, on behalf of Geoffrey Beene, Inc. in trademark action it commenced against a former licensee.
  • Obtained a favorable settlement on behalf of several advertising agencies with respect to claims of copyright infringement by the publisher of a weekly newsletter.

SPEAKING ENGAGEMENTS

"What It's Really Like to Practice Law as a Woman," New York City Bar, July 10, 2013

PUBLICATIONS

Author, "Best Practices for Legal Hold Notices," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

Co-Author, "Commercial Lease Rent Acceleration Clauses: For How Long Will They Be Enforceable?" D&G Litigation Alert, May 2015

Co-Author, "Protect Your Tweets: A Cautionary Tale Regarding Social Media Account Ownership," D&G Litigation Alert, January 2013

Co-Author, "More Than Ever, Companies Must Be Extra Vigilant About Protecting Their Trade Secrets," D&G Litigation Alert, May 2012

Co-Author, "Limits of Concepcion: Will Class Action Waivers be Upheld by the Lower Courts?" D&G Litigation Newsletter, Winter 2012

Co-Author, "Going it Alone: Agreeing to Waive the Right to Bring a Class Action," D&G Litigation Newsletter, Summer 2011 

Co-Author, "When Is An Early Termination Fee Considered Unjust Enrichment?" D&G Litigation Newsletter, Winter 2011 

Co-Author, "But Only My Facebook Friends Can See That! Social Media and Privacy Settings in Discovery," D&G Litigation Newsletter, Winter 2011 

Author, "Considering Arbitration: The Benefits, Risks and Recommendations," The Metropolitan Corporate Counsel, March 2004

PRESS

Mentioned, "Florida Location May Have Been False, But It Was Not Defamatory, Judge Rules," by Joel Stashenko, May 22, 2013

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York City Bar Association
New York Women's Bar Association
New York County Lawyers' Association

BAR ADMISSIONS

New York
U.S. District Courts, Southern and Eastern Districts of New York

EDUCATION

Benjamin Cardozo School of Law, J.D., magna cum laude, 1992
University of Michigan, B.A., with distinction, 1989