
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 commercial 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
- Disputes involving the protection and exploitation of trade secrets
Mr. Lasky has handled some of the leading New York cases involving the movement of talent between competitive companies in the banking, advertising, and public relations industries. Mr. Lasky is also the co-author of of a restrictive covenants chapter to appear in Commercial Litigation in New York State Courts.
Mr. Lasky is also chair of the Public Relations Law 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.
After serving as the Editor-in-Chief of the Rutgers Law Review, Mr. Lasky began his legal career as law clerk to the Honorable Lee P. Gagliardi, United States District Court, Judge for the Southern District of New York. Prior to joining Davis & Gilbert, Mr. Lasky was a litigation attorney at Paul, Weiss, Rifkind, Wharton & Garrison LLP. 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 this capacity. To date, he has mediated over 75 cases. He has also served as an Adjunct Professor of Law at Brooklyn Law School, where he taught Moot Court and Legal Writing. In recognition of his achievements, Mr. Lasky has been repeatedly selected as a Super Lawyer by New York Metro Super Lawyers.
REPRESENTATIVE ENGAGEMENTS
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.
- Currently representing a global investment bank in litigation alleging that the bank, which served as the lead lender and agent in structuring a 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.
- Successfully defended a transportation company in a multi-million dollar lawsuit commenced by a group of independent operators claiming that our client violated the various contracts as well as state franchise laws in failing to disclose information in connection with the purported sale of franchises.
- Successfully prosecuted a claim commenced by a transportation company against a senior executive for tortious interference with contracts, and successfully defended a counterclaim for improper termination of stock option and fraud in connection with the executive's purchase of securities.
- 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.
SPEAKING ENGAGEMENTS
Litigation
"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
Public Relations and Marketing Law
"How to Navigate the Legal Waters of Social Media in the Financial Services Industry," Social Media for Financial Communicators Conference, June 16-18, 2010
"Is Social Media the New 'Wild West?'" Public Relations Society of America Counselors Academy 2010 Spring Conference, May 21-23, 2010
"What PR Leaders Must Know about Intellectual Property Law in the Digital Age," PR Agency Management 2010 Summit, April 8-9, 2010
"Regulatory Scrutiny of Social Media: The Impact on PR Communicators in 2010 and Beyond," Public Relations Society of America New York Breakfast Seminar, January 26, 2010
"Negotiating the Best Agency Agreements With Your Clients," Public Relations Society of America Counselors Academy 2009 Spring Conference, May 31, 2009 - June 2, 2009
"Capitalizing on the Big Idea: Marketing Law for Executives," Public Relations Society of America 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," PR Agency 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
PUBLICATIONS
Litigation
Co-Author, "From Preservation to Production: The Dos and Don'ts of e-Discovery in Litigation," a chapter in Inside the Minds: Electronic Records Management and e-Discovery, published by Aspatore Books, 2010
Co-Author, "The Cutting Edge: A Non-traditional Basis For Federal Jurisdiction Under The Edge Act," The Metropolitan Corporate Counsel, April 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, "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
Public Relations and Marketing Law
Author, "Immediate Concerns of Employers Under Heathcare Reform Legislation," PRWeek, June 25, 2010
Author, "Phantom Equity Has Real Advantages for Agency Owners and Employees," PRWeek, April 30, 2010
Author, "PR Agency Owners, Execs Must Be Mindful of Unexpected 401(k) Risks," PRWeek, March 19, 2010
Author, "Avoid Employee Invasion-of-Privacy Claims with Updated Tech Guidelines," PRWeek, February 8, 2010
Author, "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, "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
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
PRESS
Quoted, The Atlanta Journal-Constitution, "SunTrust Dispute Aired on Twitter," by Péralte C. Paul, August 4, 2010
Quoted, DMNews.com, "Microsoft Sues Salesforce.com, Alleging Patent Infringement," By Nathan Golia, May 19, 2010
Quoted, The Firm Voice, "Striking a Balance with Social Media Rules: How to Manage Social Media in Regulated Industries for PR Clients," February 24, 2010
Quoted, The Firm Voice, "Ethics and ROI in PR Firms: Why It’s Now Critical to Educate Staff in Ethical Best Practices - and How to Do It," by Brian Pitmann, February 10, 2010
Quoted, 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/AFFILIATIONS
National Center of Learning Disabilities, Board of Trustees and Executive Committee
Rutgers School of Law, Newark, Alumni Association Board of Trustees
BRIC Arts | Media | Bklyn Endowment, Board of Trustees
American Bar Association
New York State Bar Association
New York City Bar Association
BAR ADMISSIONS
New York
EDUCATION
Rutgers University, J.D., 1978
Rutgers College, B.A., magna cum laude, Henry Rutgers Scholar, and Phi Beta Kappa, 1975
REPRESENTATIVE ENGAGEMENTS
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.
- Currently representing a global investment bank in litigation alleging that the bank, which served as the lead lender and agent in structuring a 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.
- Successfully defended a transportation company in a multi-million dollar lawsuit commenced by a group of independent operators claiming that our client violated the various contracts as well as state franchise laws in failing to disclose information in connection with the purported sale of franchises.
- Successfully prosecuted a claim commenced by a transportation company against a senior executive for tortious interference with contracts, and successfully defended a counterclaim for improper termination of stock option and fraud in connection with the executive's purchase of securities.
- 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.
SPEAKING ENGAGEMENTS
Litigation
"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
Public Relations and Marketing Law
"How to Navigate the Legal Waters of Social Media in the Financial Services Industry," Social Media for Financial Communicators Conference, June 16-18, 2010
"Is Social Media the New 'Wild West?'" Public Relations Society of America Counselors Academy 2010 Spring Conference, May 21-23, 2010
"What PR Leaders Must Know about Intellectual Property Law in the Digital Age," PR Agency Management 2010 Summit, April 8-9, 2010
"Regulatory Scrutiny of Social Media: The Impact on PR Communicators in 2010 and Beyond," Public Relations Society of America New York Breakfast Seminar, January 26, 2010
"Negotiating the Best Agency Agreements With Your Clients," Public Relations Society of America Counselors Academy 2009 Spring Conference, May 31, 2009 - June 2, 2009
"Capitalizing on the Big Idea: Marketing Law for Executives," Public Relations Society of America 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," PR Agency 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
PUBLICATIONS
Litigation
Co-Author, "From Preservation to Production: The Dos and Don'ts of e-Discovery in Litigation," a chapter in Inside the Minds: Electronic Records Management and e-Discovery, published by Aspatore Books, 2010
Co-Author, "The Cutting Edge: A Non-traditional Basis For Federal Jurisdiction Under The Edge Act," The Metropolitan Corporate Counsel, April 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, "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
Public Relations and Marketing Law
Author, "Immediate Concerns of Employers Under Heathcare Reform Legislation," PRWeek, June 25, 2010
Author, "Phantom Equity Has Real Advantages for Agency Owners and Employees," PRWeek, April 30, 2010
Author, "PR Agency Owners, Execs Must Be Mindful of Unexpected 401(k) Risks," PRWeek, March 19, 2010
Author, "Avoid Employee Invasion-of-Privacy Claims with Updated Tech Guidelines," PRWeek, February 8, 2010
Author, "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, "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
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
PRESS
Quoted, The Atlanta Journal-Constitution, "SunTrust Dispute Aired on Twitter," by Péralte C. Paul, August 4, 2010
Quoted, DMNews.com, "Microsoft Sues Salesforce.com, Alleging Patent Infringement," By Nathan Golia, May 19, 2010
Quoted, The Firm Voice, "Striking a Balance with Social Media Rules: How to Manage Social Media in Regulated Industries for PR Clients," February 24, 2010
Quoted, The Firm Voice, "Ethics and ROI in PR Firms: Why It’s Now Critical to Educate Staff in Ethical Best Practices - and How to Do It," by Brian Pitmann, February 10, 2010
Quoted, 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/AFFILIATIONS
National Center of Learning Disabilities, Board of Trustees and Executive Committee
Rutgers School of Law, Newark, Alumni Association Board of Trustees
BRIC Arts | Media | Bklyn Endowment, Board of Trustees
American Bar Association
New York State Bar Association
New York City Bar Association
BAR ADMISSIONS
New York
EDUCATION
Rutgers University, J.D., 1978
Rutgers College, B.A., magna cum laude, Henry Rutgers Scholar, and Phi Beta Kappa, 1975
