Michael C. Lasky is co-chair of the Litigation Practice Group of Davis & Gilbert. With over 30 years of litigation experience, he has litigated a broad range of disputes, including:
- Complex contract cases
- Shareholder commercial and partnership disputes
- Disputes relating to the purchase and sale of businesses
- Restrictive covenant and "garden leave" disputes
- Breach of fiduciary duty and "mass exodus" claims
- Matters involving the protection and exploitation of trademarks, copyrights and trade secrets
Mr. Lasky also devotes a significant portion of his practice to advising executives and owners of the public relations, advertising, investment banking and e-commerce firms on their employment, shareholder, incentive compensation and related arrangements. As a noted authority on the use and enforceability of various post-employment restrictions on competition and the movement of talent between competitive organizations, he has been quoted by The Wall Street Journal and other leading publications.
Mr. Lasky is also chair of the Public Relations Practice Group at Davis & Gilbert. He is frequently called upon to address and collaborate with the leading industry trade associations, including the Counselor's Academy of the Public Relations Society of America and the American Marketing Association. He has served as General Counsel to the Council of Public Relations Firms since its formation in 1998 and has worked closely with them to spearhead the development of several areas, including:
- Model agency/client agreements;
- Employee confidentiality and non-solicitation agreements;
- Incentive arrangements for key executives;
- Non-disclosures agreements for use in connection with vendors, joint ventures and potential mergers and acquisitions;
- Guidelines for handling client conflicts at public relations firms; and
- Policies and practices for communication professionals to reduce potential exposure for "messenger liability," caused by the communication executive's role in the dissemination of false or misleading statements.
During law school, Mr. Lasky served as the Editor-in-Chief of Rutgers Law Review. Mr. Lasky served as the law clerk to the Honorable Lee P. Gagliardi, United States District Court, Judge for the Southern District of New York. In 1991, Mr. Lasky was appointed by the United States District Court for the Southern District of New York to serve as a Court-appointed pro bono mediator and continues to serve in the capacity under the auspices of the Court. To date, he has mediated over 75 cases.
In recognition of his achievements, in 2007, 2008 and 2009, Mr. Lasky was selected as a Super Lawyer by New York Metro Super Lawyers.
Financial Services and Commercial Litigation
- Successfully represented a global market leader of credit derivatives in revising and structuring offer letters, employment agreements, bonus incentives and post-employment restrictions for financial professionals.
- Represented two global investment banks in an interpleader action to resolve a dispute between senior and junior noteholders over payment priority in an indenture in connection with a credit default obligations law.
- Represented a global investment bank in litigation alleging that the bank, which served as the lead lender and agent in structuring a $180 million credit facility, aided and abetted the borrower's fraud when it allegedly failed to disclose litigation pending against the borrower.
- Prosecuted a case, and then negotiated a favorable settlement in a $2.5 million dispute concerning the valuation of a variance swap in a financial derivative contract for an investment bank.
- Won a $5.2 million jury verdict against a national retailer based upon a breach of a 25 year course of dealing by proving the existence of an oral distribution agreement on behalf of a private label electronics manufacturer.
Restrictive Covenant Litigation
- Defended a credit derivatives company, its electronic trading platform subsidiary, and its senior executive in a lawsuit instituted by the former employer of the senior executive to enforce a restrictive covenant agreement.
- Defended one of the leading global risk security companies against claims by its major competitor for aiding and abetting breaches of restrictive covenants and fiduciary duties in connection with a group of senior executives. After trial, all claims were dismissed and our clients were awarded over $1million in prevailing party attorneys fees.
- Represented a leading corporate and investment bank on all employment and employee benefit issues relating to the acquisition of the equity prime brokerage business of another prominent financial institution.
- Successfully obtained injunctions and damages in cases seeking to enforce non-competition, restrictive covenants and garden leave provisions and successfully defended against the enforcement of these post-employment restrictions between and among competitive organizations on behalf of many marketing and financial services companies.
Intellectual Property Litigation
- Successfully established both at trial and through successive appeals up to the highest court in New York, that our client's computerized stock selection strategy was worthy of trade secret protection. The case, which is frequently cited, made law in the awarding anticipated lost profits for a new business venture that was never established and in the area of trade secrets.
- Successfully obtained a federal court injunction to prevent over a dozen entities from trading upon the name and reputation of the world's largest chauffeured transportation company. When violations continued, Davis & Gilbert worked closely with the FBI and the U.S. Attorney's office, to help secure a criminal indictment, guilty plea and prison sentence for the wrongdoer. The court awarded financial restitution to our client.
- Successfully defended against the entry of preliminary and permanent injunction to enjoin a comparative television commercial on behalf of a major video game developer.
“In-House Management Think Tank on Containing Costs and Optimizing Internal Policies, Practices and Documentation to Set Up, Control and Strengthen the Defense if Litigation Arises,” American Conference Institute’s Premier Forum on Defending and Managing Employment Discrimination Litigation, February 25 - 26, 2010
"Regulatory Scrutiny of Social Media: The Impact on PR Communicators in 2010 and Beyond," PRSA New York Breakfast Seminar, January 26, 2010
"Employment Law," School of Continuing and Professional Studies, Division of Leadership and Human Capital Management, November 23, 2009
"Negotiating the Best Agency Agreements With Your Clients," Public Relations School of America Counselors Academy 2009 Spring Conference, May 31, 2009 - June 2, 2009
"Smarter, Better, Faster, Richer - Maximizing the Efficiency and Profitability of Your Agency," PR Boutiques International 2009 Membership Meeting," May 30, 2009
"Making the Business Case for PR in Tight Times," Bulldog Reporter's Media Relations Summit, May 18, 2009
"Capitalizing on the Big Idea: Marketing Law for Executives," Counselors Academy: Survival Of The Fleetest, May 19, 2008
"Alternative Dispute Resolution Options: Resolving Disputes Outside of the Courts," Continuing Legal Education Presentation, December 2007
"Building a High Performance Management Team: New Techniques in Incentive Compensation," Management '07 Summit, September 27-28, 2007
"Ways to Maintain Attorney-Client & Work Product Privileges When Public Relations Agencies Work in Legal Crisis Situations," Using & Controlling the Media in Litigation: Effectively Communicating The Information The Press Receives, New York City Bar, November 13, 2006
"What We Have Learned from Armstrong Williams: Legality, Creditability and Ethics," LUMIN Conference, June 2, 2006
"New Techniques in Retention and Compensation Arrangements for Key Employees" and "The Impact of New Media on Public Relations and Marketing," Counselors Academy 2006 Spring Conference, May 22, 2006
PUBLICATIONSAuthor, "Successfully Negotiate Your Agency-Client Agreement," PRWeek, December 4, 2009
Co-Author, "10 Things PR firms Should Be Doing in Response to FTC Changes," The Firm Voice, October 21, 2009
Author, "You Can Learn to Navigate the New FTC Guidelines," PRWeek, October 16, 2009
Author, "Don't Miss Out on the Recession's Bounty," PRWeek, September 4, 2009
Author, "Social Media Guidelines and Why You Need Them to do Business," PRWeek, July 24, 2009
Author, "PR's ROI is the Big Winner of the 2009 Awards Season," PRWeek, June 12, 2009
Author, "Freelancers May be far From 'free' to the Agencies That employ Them," PRWeek, April 20, 2009
Co-Author, "The Cutting Edge: A Non-traditional Basis For Federal Jurisdiction Under The Edge Act," The Metropolitan Corporate Counsel, April 2009
Author, "Formulating Incentive Strategies That Encourage Entrepreneurship," PRWeek, March 16, 2009
Author, "Upside of a Downturn: How to survive, thrive in the digital age," PRWeek, February 9, 2009
Co-Author, "Reining in Attorneys' Fees in FLSA Collective Actions: Factors Emphasized by Courts in Scrutinizing Fee Applications," The Metropolitan Corporate Counsel, August 2008
Co-Author, "Avoiding Costly Mistakes: How to Copy 'Right' and How Not to Copy 'Wrong'," The Firm Voice, June 4, 2008
Co-Author, "An Electronic Subscription Prescription," a chapter in Intellectual Property & Technology Law Journal, published by Aspen, October 2007
Author, "Who's On The Move? Protect the Assets That Ride Up And Down in Your Elevator," The Metropolitan Corporate Counsel, September 2007
Co-Author "Restrictive Covenants and Other Techniques to Protect Customer Relationships," a chapter in Human Resources 2007: Answers to Your Top 25 HR Questions, published by Thompson
Co-Author, "Employment Roundtable: Updates in Discrimination Law," The Metropolitan Corporate Counsel, November 2006
Author, "Pro Bono Service: "It Makes Us Both Better Lawyers and Better Citizens," The Metropolitan Corporate Counsel, August 2006
PRESSQuoted, The Firm Voice, "Client Relations Conundrum: Embedding Employees at Clients-the Risks, Rewards and Best Practices," by Roxanna Guilford-Blake, November 12, 2008
Quoted, The Firm Voice, "Preventing People Poaching: Lateral Hiring Among Agencies-and How to Stop It," by Brian Pittman, September 24, 2008
PROFESSIONAL MEMBERSHIPS/AFFILIATIONSNew York State Bar Association
New York City Bar Association
National Center of Learning Disabilities, Board of Trustees and Executive Committee
Alumni Association of Rutgers School of Law, Newark, Board of Trustees
BRIC Arts | Media | Bklyn Endowment, Board of Trustees
New York
EDUCATIONRutgers University, J.D., 1978
Rutgers College, B.A., magna cum laude, Henry Rutgers Scholar, and Phi Beta Kappa, 1975
Financial Services and Commercial Litigation
- Successfully represented a global market leader of credit derivatives in revising and structuring offer letters, employment agreements, bonus incentives and post-employment restrictions for financial professionals.
- Represented two global investment banks in an interpleader action to resolve a dispute between senior and junior noteholders over payment priority in an indenture in connection with a credit default obligations law.
- Represented a global investment bank in litigation alleging that the bank, which served as the lead lender and agent in structuring a $180 million credit facility, aided and abetted the borrower's fraud when it allegedly failed to disclose litigation pending against the borrower.
- Prosecuted a case, and then negotiated a favorable settlement in a $2.5 million dispute concerning the valuation of a variance swap in a financial derivative contract for an investment bank.
- Won a $5.2 million jury verdict against a national retailer based upon a breach of a 25 year course of dealing by proving the existence of an oral distribution agreement on behalf of a private label electronics manufacturer.
Restrictive Covenant Litigation
- Defended a credit derivatives company, its electronic trading platform subsidiary, and its senior executive in a lawsuit instituted by the former employer of the senior executive to enforce a restrictive covenant agreement.
- Defended one of the leading global risk security companies against claims by its major competitor for aiding and abetting breaches of restrictive covenants and fiduciary duties in connection with a group of senior executives. After trial, all claims were dismissed and our clients were awarded over $1million in prevailing party attorneys fees.
- Represented a leading corporate and investment bank on all employment and employee benefit issues relating to the acquisition of the equity prime brokerage business of another prominent financial institution.
- Successfully obtained injunctions and damages in cases seeking to enforce non-competition, restrictive covenants and garden leave provisions and successfully defended against the enforcement of these post-employment restrictions between and among competitive organizations on behalf of many marketing and financial services companies.
Intellectual Property Litigation
- Successfully established both at trial and through successive appeals up to the highest court in New York, that our client's computerized stock selection strategy was worthy of trade secret protection. The case, which is frequently cited, made law in the awarding anticipated lost profits for a new business venture that was never established and in the area of trade secrets.
- Successfully obtained a federal court injunction to prevent over a dozen entities from trading upon the name and reputation of the world's largest chauffeured transportation company. When violations continued, Davis & Gilbert worked closely with the FBI and the U.S. Attorney's office, to help secure a criminal indictment, guilty plea and prison sentence for the wrongdoer. The court awarded financial restitution to our client.
- Successfully defended against the entry of preliminary and permanent injunction to enjoin a comparative television commercial on behalf of a major video game developer.
“In-House Management Think Tank on Containing Costs and Optimizing Internal Policies, Practices and Documentation to Set Up, Control and Strengthen the Defense if Litigation Arises,” American Conference Institute’s Premier Forum on Defending and Managing Employment Discrimination Litigation, February 25 - 26, 2010
"Regulatory Scrutiny of Social Media: The Impact on PR Communicators in 2010 and Beyond," PRSA New York Breakfast Seminar, January 26, 2010
"Employment Law," School of Continuing and Professional Studies, Division of Leadership and Human Capital Management, November 23, 2009
"Negotiating the Best Agency Agreements With Your Clients," Public Relations School of America Counselors Academy 2009 Spring Conference, May 31, 2009 - June 2, 2009
"Smarter, Better, Faster, Richer - Maximizing the Efficiency and Profitability of Your Agency," PR Boutiques International 2009 Membership Meeting," May 30, 2009
"Making the Business Case for PR in Tight Times," Bulldog Reporter's Media Relations Summit, May 18, 2009
"Capitalizing on the Big Idea: Marketing Law for Executives," Counselors Academy: Survival Of The Fleetest, May 19, 2008
"Alternative Dispute Resolution Options: Resolving Disputes Outside of the Courts," Continuing Legal Education Presentation, December 2007
"Building a High Performance Management Team: New Techniques in Incentive Compensation," Management '07 Summit, September 27-28, 2007
"Ways to Maintain Attorney-Client & Work Product Privileges When Public Relations Agencies Work in Legal Crisis Situations," Using & Controlling the Media in Litigation: Effectively Communicating The Information The Press Receives, New York City Bar, November 13, 2006
"What We Have Learned from Armstrong Williams: Legality, Creditability and Ethics," LUMIN Conference, June 2, 2006
"New Techniques in Retention and Compensation Arrangements for Key Employees" and "The Impact of New Media on Public Relations and Marketing," Counselors Academy 2006 Spring Conference, May 22, 2006
PUBLICATIONSAuthor, "Successfully Negotiate Your Agency-Client Agreement," PRWeek, December 4, 2009
Co-Author, "10 Things PR firms Should Be Doing in Response to FTC Changes," The Firm Voice, October 21, 2009
Author, "You Can Learn to Navigate the New FTC Guidelines," PRWeek, October 16, 2009
Author, "Don't Miss Out on the Recession's Bounty," PRWeek, September 4, 2009
Author, "Social Media Guidelines and Why You Need Them to do Business," PRWeek, July 24, 2009
Author, "PR's ROI is the Big Winner of the 2009 Awards Season," PRWeek, June 12, 2009
Author, "Freelancers May be far From 'free' to the Agencies That employ Them," PRWeek, April 20, 2009
Co-Author, "The Cutting Edge: A Non-traditional Basis For Federal Jurisdiction Under The Edge Act," The Metropolitan Corporate Counsel, April 2009
Author, "Formulating Incentive Strategies That Encourage Entrepreneurship," PRWeek, March 16, 2009
Author, "Upside of a Downturn: How to survive, thrive in the digital age," PRWeek, February 9, 2009
Co-Author, "Reining in Attorneys' Fees in FLSA Collective Actions: Factors Emphasized by Courts in Scrutinizing Fee Applications," The Metropolitan Corporate Counsel, August 2008
Co-Author, "Avoiding Costly Mistakes: How to Copy 'Right' and How Not to Copy 'Wrong'," The Firm Voice, June 4, 2008
Co-Author, "An Electronic Subscription Prescription," a chapter in Intellectual Property & Technology Law Journal, published by Aspen, October 2007
Author, "Who's On The Move? Protect the Assets That Ride Up And Down in Your Elevator," The Metropolitan Corporate Counsel, September 2007
Co-Author "Restrictive Covenants and Other Techniques to Protect Customer Relationships," a chapter in Human Resources 2007: Answers to Your Top 25 HR Questions, published by Thompson
Co-Author, "Employment Roundtable: Updates in Discrimination Law," The Metropolitan Corporate Counsel, November 2006
Author, "Pro Bono Service: "It Makes Us Both Better Lawyers and Better Citizens," The Metropolitan Corporate Counsel, August 2006
PRESSQuoted, The Firm Voice, "Client Relations Conundrum: Embedding Employees at Clients-the Risks, Rewards and Best Practices," by Roxanna Guilford-Blake, November 12, 2008
Quoted, The Firm Voice, "Preventing People Poaching: Lateral Hiring Among Agencies-and How to Stop It," by Brian Pittman, September 24, 2008
PROFESSIONAL MEMBERSHIPS/AFFILIATIONSNew York State Bar Association
New York City Bar Association
National Center of Learning Disabilities, Board of Trustees and Executive Committee
Alumni Association of Rutgers School of Law, Newark, Board of Trustees
BRIC Arts | Media | Bklyn Endowment, Board of Trustees
New York
EDUCATIONRutgers University, J.D., 1978
Rutgers College, B.A., magna cum laude, Henry Rutgers Scholar, and Phi Beta Kappa, 1975
