Home Home About Us Practice Areas Our Attorneys Press & Publications Events Diversity Pro-Bono Careers
FOLLOW US:

Michael C. Lasky is co-chair of the Litigation Practice Group of Davis & Gilbert. He has over 35 years of complex commercial and business law experience and 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 2013, Mr. Lasky 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.” He has also been recognized as one of The Best Lawyers in America in the category Litigation – Employment law (2013-2015).

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

"Succession Planning for Smart Agency Owners," Holmes Report's Independent PR Firm Forum, October 27, 2014

"Safeguard Your Big Ideas: Protecting Your Firm’s Intellectual Property in the New Business Process," PRSA’s Counselors Academy Forum Webinar, September 30, 2014

"The True North of Native Advertising," TAAN Worldwide Meeting, June 5, 2014

"Controlling Legal Risks In Publicity Materials In Social Media and Beyond," PRSA Counselors Academy 2014 Spring Conference, May 4-6, 2014

"Succession and Exit Planning," Public Relations Global Network Spring Conference, April 25, 2014

"M&A as A Growth Strategy for PR Firms," Holmes Report's Independent PR Firm Forum, November 11, 2013

"Controlling Legal Risks in Publicity Materials in Social Media and Beyond," Public Relations Society of America's 2013 International Conference, October 26-29, 2013

"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, "You Are Only As Good As Your Number Two," PRWeek, November 21, 2014

Author, "FDA Tackles Social Media Space Limitations and Misinformation," PRWeek, October 3, 2014

Author, "Updating Social Media Policies: The Letter and Spirit of the Law," PRWeek, August 8, 2014

Author, "Cole Haan’s Pinterest Contest Underscores Potential Legal Missteps," PRWeek, June 13, 2014

Author, "FTC Intensifies Its Focus on PR Firms," PRWeek, April 25, 2014

Author, "The Ambiguity in Defining Internet Commercials," PRWeek, March 7, 2014

Author, "The Truth North of Native Content," PRWeek, January 17, 2014

Author, "PR Firms Navigate the Attorney-Client Privilege," PRWeek, November 15, 2013

PRESS

Quoted, PRSA's "PRSAY," "PR & Advertising: The Lines Continue To Blur," by Ann Willets, September 17, 2014

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

"Succession Planning for Smart Agency Owners," Holmes Report's Independent PR Firm Forum, October 27, 2014

"Safeguard Your Big Ideas: Protecting Your Firm’s Intellectual Property in the New Business Process," PRSA’s Counselors Academy Forum Webinar, September 30, 2014

"The True North of Native Advertising," TAAN Worldwide Meeting, June 5, 2014

"Controlling Legal Risks In Publicity Materials In Social Media and Beyond," PRSA Counselors Academy 2014 Spring Conference, May 4-6, 2014

"Succession and Exit Planning," Public Relations Global Network Spring Conference, April 25, 2014

"M&A as A Growth Strategy for PR Firms," Holmes Report's Independent PR Firm Forum, November 11, 2013

"Controlling Legal Risks in Publicity Materials in Social Media and Beyond," Public Relations Society of America's 2013 International Conference, October 26-29, 2013

"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, "You Are Only As Good As Your Number Two," PRWeek, November 21, 2014

Author, "FDA Tackles Social Media Space Limitations and Misinformation," PRWeek, October 3, 2014

Author, "Updating Social Media Policies: The Letter and Spirit of the Law," PRWeek, August 8, 2014

Author, "Cole Haan’s Pinterest Contest Underscores Potential Legal Missteps," PRWeek, June 13, 2014

Author, "FTC Intensifies Its Focus on PR Firms," PRWeek, April 25, 2014

Author, "The Ambiguity in Defining Internet Commercials," PRWeek, March 7, 2014

Author, "The Truth North of Native Content," PRWeek, January 17, 2014

Author, "PR Firms Navigate the Attorney-Client Privilege," PRWeek, November 15, 2013

PRESS

Quoted, PRSA's "PRSAY," "PR & Advertising: The Lines Continue To Blur," by Ann Willets, September 17, 2014

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