
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 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. 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.
In recognition of his achievements, Mr. Lasky has been recognized as one of The Best Lawyers in America in the category Litigation – Employment law (2013) and has been selected as a Super Lawyer by New York Metro Super Lawyers in 2012.
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 Counselors 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. Thereafter, 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 100 cases.
REPRESENTATIVE ENGAGEMENTS
Financial Services and Commercial Litigation
- Successfully defended a commercial bank against allegations that it violated a temporary restraining order by releasing funds held in an account of an alleged corporate alter-ego of a judgment debtor.
- 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 $1 million 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
"Advice from the Experts: Successful Strategies for Winning Commercial Cases in New York State Courts," New York County Lawyers’ Association CLE Program, May 4, 2012
"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 Prepare (To Be) the PR Firm of the Future," PRWeek’s PRSA Counselors Academy 2013 Spring Conference, June 9-11, 2013
“The Battle of Big Ideas,” PRWeek’s “Power to the People” Conference, November 14, 2012
"Enhancing Agency Value: A Workshop for Independent Agency Principals," Council of Public Relations Firms, June 13, 2012
"Social Media & the Law: You Be The Judge," Likeable U Class of 2012 Conference, May 15, 2012
"Client Contracts: The Doctor Is 'In'" and "Employment Incentive Arrangements: The Doctor Returns," PRSA Counselors Academy 2012 Spring Conference, May 6-8, 2012
"Protecting Your Intellectual Property During the New Business Process," Council of PR Firms Webinar, May 24, 2011
"How to Navigate the Legal Waters of Social Media in the Financial Services Industry," Social Media for Financial Communicators Conference, June 16-18, 2010
PUBLICATIONS
Litigation
Co-Author, "Recent Class Action Settlement Underscores Employer Obligations under Wage and Hour Laws," D&G Litigation Alert, March 2013
Co-Author, "The Increased Importance of Non-Compete Agreements for Accounting Firms," The CPA Journal, August 2012
Co-Author, "Bloggers May Not be Entitled to the 'Reporter's Privilege,'" D&G Litigation Newsletter, Winter 2012
Co-Author, "Defining "Solicitation" In Restrictive Covenant Agreements," Law360.com, August 2, 2011
Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2010
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
Public Relations and Marketing Law
Author, "PR Walks the Walk as it Continually Evolves," PRWeek, June 21, 2013
Author, "Complying with Healthcare Reform," PRWeek, May 17, 2013
Author, "Celebrity Behavior Can Be Difficult to Endorse," PRWeek, March 29, 2013
Author, "Incentives for Higher Performance," PRWeek, February 11, 2013
Author, "The PR Agency of Tomorrow is Here Today," PRWeek, December 14, 2012
Author, "Agency Heads Describe What the PR Firm of 2017 Will Look Like," PRWeek, October 12, 2012
Author, “Agencies Could Pay if They Give Clients Too Much Credit,” PRWeek, August 24, 2012
PRESS
Quoted, CommPRO.biz, “Independent Contractors: Why and How to Hire Them,” March 11, 2013
Quoted, PRWeek,"Recent Lawsuit Sheds Light on Agency Liability for Client Work," by Chris Daniels, April 15, 2011
Quoted, PRWeek, "Ethics.com," by Alexandra Bruell, April 1, 2011
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
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
National Center of Learning Disabilities, Board of Trustees and Executive Committee
Rutgers School of Law, Newark, Alumni Association Board of Trustees
Likeable Media, Advisory Board Member
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 defended a commercial bank against allegations that it violated a temporary restraining order by releasing funds held in an account of an alleged corporate alter-ego of a judgment debtor.
- 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 $1 million 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
"Advice from the Experts: Successful Strategies for Winning Commercial Cases in New York State Courts," New York County Lawyers’ Association CLE Program, May 4, 2012
"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 Prepare (To Be) the PR Firm of the Future," PRWeek’s PRSA Counselors Academy 2013 Spring Conference, June 9-11, 2013
“The Battle of Big Ideas,” PRWeek’s “Power to the People” Conference, November 14, 2012
"Enhancing Agency Value: A Workshop for Independent Agency Principals," Council of Public Relations Firms, June 13, 2012
"Social Media & the Law: You Be The Judge," Likeable U Class of 2012 Conference, May 15, 2012
"Client Contracts: The Doctor Is 'In'" and "Employment Incentive Arrangements: The Doctor Returns," PRSA Counselors Academy 2012 Spring Conference, May 6-8, 2012
"Protecting Your Intellectual Property During the New Business Process," Council of PR Firms Webinar, May 24, 2011
"How to Navigate the Legal Waters of Social Media in the Financial Services Industry," Social Media for Financial Communicators Conference, June 16-18, 2010
PUBLICATIONS
Litigation
Co-Author, "Recent Class Action Settlement Underscores Employer Obligations under Wage and Hour Laws," D&G Litigation Alert, March 2013
Co-Author, "The Increased Importance of Non-Compete Agreements for Accounting Firms," The CPA Journal, August 2012
Co-Author, "Bloggers May Not be Entitled to the 'Reporter's Privilege,'" D&G Litigation Newsletter, Winter 2012
Co-Author, "Defining "Solicitation" In Restrictive Covenant Agreements," Law360.com, August 2, 2011
Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2010
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
Public Relations and Marketing Law
Author, "PR Walks the Walk as it Continually Evolves," PRWeek, June 21, 2013
Author, "Complying with Healthcare Reform," PRWeek, May 17, 2013
Author, "Celebrity Behavior Can Be Difficult to Endorse," PRWeek, March 29, 2013
Author, "Incentives for Higher Performance," PRWeek, February 11, 2013
Author, "The PR Agency of Tomorrow is Here Today," PRWeek, December 14, 2012
Author, "Agency Heads Describe What the PR Firm of 2017 Will Look Like," PRWeek, October 12, 2012
Author, “Agencies Could Pay if They Give Clients Too Much Credit,” PRWeek, August 24, 2012
PRESS
Quoted, CommPRO.biz, “Independent Contractors: Why and How to Hire Them,” March 11, 2013
Quoted, PRWeek,"Recent Lawsuit Sheds Light on Agency Liability for Client Work," by Chris Daniels, April 15, 2011
Quoted, PRWeek, "Ethics.com," by Alexandra Bruell, April 1, 2011
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
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
National Center of Learning Disabilities, Board of Trustees and Executive Committee
Rutgers School of Law, Newark, Alumni Association Board of Trustees
Likeable Media, Advisory Board Member
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
