Neal H. Klausner is a partner in the Intellectual Property and Litigation Practice Groups of Davis & Gilbert. He is a trained mediator and has extensive experience litigating complex commercial disputes in a variety of areas, including:
- Contract disputes
- Intellectual property matters
- Restrictive covenant and employment-related disputes
- Real estate matters
- Consumer class actions
- Disputes relating to the purchase and sale of businesses
Mr. Klausner represents businesses in federal and state courts, as well as in arbitration, mediation and other alternative dispute resolution proceedings. He has handled cases in more than fifteen states and before various government agencies. In addition to obtaining dismissals and favorable settlements in numerous cases before trial, Mr. Klausner is also an experienced trial and appellate lawyer. He spearheaded the internal investigation of alleged billing fraud at a major public relations firm and has served as a court-appointed special master for copyright and trademark matters. As a mediator, Mr. Klausner has successfully facilitated the resolution of numerous complex commercial disputes. He frequently leads training sessions concerning right of publicity litigation, alternative dispute resolution and attorney-client privilege matters.
Mr. Klausner has published numerous articles concerning restrictive covenant, contract and intellectual property law. He also co-authored the chapter entitled “Employment Restrictive Covenants and Other Post-Employment Restrictions” in the highly-acclaimed treatise Commercial Litigation in New York Courts.
In recognition of his achievements, Mr. Klausner was selected as a Super Lawyer by New York Metro Super Lawyers from 2008-2012 (Top 100 in 2011 and 2012).
In 1987-88, he was the law clerk to Justice Stewart Pollock of the New Jersey Supreme Court. Before joining Davis & Gilbert, Mr. Klausner was a litigation attorney at Paul, Weiss, Rifkind, Wharton & Garrison LLP. While in law school, Mr. Klausner was Managing Editor of the NYU Law Review.
REPRESENTATIVE ENGAGEMENTS
- On behalf of software companies servicing the pharmaceutical and healthcare industries, successfully obtained injunctions barring individuals from soliciting their former employer's clients and employees and using the employer's confidential information.
- Successfully defended one of the nation's largest advertisers in various lawsuits alleging copyright infringement and misappropriation of ideas in connection with advertising and marketing campaigns.
- Obtained a favorable settlement on behalf of a hospital in a trademark infringement action in which the other hospital agreed to change its name.
- Following trial, obtained monetary damages and an injunction barring a competitor from making false statements concerning its products on its website for a new media company.
- Successfully moved to dismiss a complaint in arbitration alleging that a major commercial bank had fraudulently induced the plaintiff to leave a prior job and accept a position with the bank, thereby preventing the need for an arbitration hearing.
- Obtained summary judgment on behalf of a company in a case brought by the former chief financial officer alleging breach of the company's incentive compensation and severance plans.
- Counseled a financial advisory firm on the Protocol for Broker Recruiting, facilitated the client's joinder to the Protocol and successfully used the Protocol to defeat a lawsuit alleging breach of a restrictive covenant agreement.
- Successfully defended numerous employees in lawsuits concerning claims of employment discrimination.
- Successfully defended the owner of a significant commercial building in Manhattan at trial and on appeal in a series of lawsuits by tenants alleging that the owner should have reduced their rent when real estate taxes on the building decreased.
- Represented both landlords and tenants in disputes concerning the determination of fair market rent.
- Defended an internet advertising company in consumer class actions and government enforcement actions alleging deceptive practices in connection with the distribution of advertising software.
- Defended a company that markets consumer products through infomercials in a class action alleging that it sent and charged consumers for products they had not ordered.
- Obtained a jury verdict resulting in a $4 million judgment for a law firm in a breach of contract dispute with a former client and successfully defended this verdict on appeal.
- Obtained a successful arbitration award on behalf of the purchaser of a company.
SPEAKING ENGAGEMENTS
"Protecting Your Mark: Defending Against the Unauthorized Use of Your Brand's Intellectual Property," American Conference Institute’s 3rd Annual Forum on Litigating and Resolving Advertising Disputes, June 19-20, 2012
"Litigating Right of Publicity Claims: From Arenas to Zooey - Recent Attempts to Expand Publicity Rights," Davis & Gilbert Intellectual Property Litigation Breakfast Seminar, April 26, 2012
"Employing Effective Settlement Strategies", American Conference Institute’s Expert Forum on Litigating & Resolving Advertising Disputes, June 15-16, 2010
PUBLICATIONS
Co-Author, "Service of Documents Via Facebook? One Judge "Likes" It," D&G Litigation Alert, April 2013
Co-Author, "Are Restrictive Covenants Enforceable Against Employees Terminated Without Cause?" New York Law Journal, March 25, 2013
Co-Author, "District Court Ruling May Lead to Increased Dodd-Frank Retaliation Suits," D&G Litigation Alert, December 2012
Co-Author, “Ninth Circuit Draws Line On Red Carpet In Determining Consent In Right Of Publicity Cases,” D&G Intellectual Property Litigation Alert, August 2012
Author, "Expert Q&A on Recent Attempts to Expand the Right of Publicity," Practical Law Company, May 2012
Co-Author, "NBA Player's Broad Publicity Rights Claim over a Reality TV Show 'Rejected,'" D&G Litigation Newsletter, Winter 2012
Co-Author, "Ninth Circuit Confirms That Keyword Advertising Can Be Trademark Infringement, But Raises The Bar To Prove Infringement," D&G Intellectual Property Litigation Alert, March 2011
Co-Author, "Government Seizes Websites On Suspicion Of Copyright Infringement," D&G Intellectual Property Litigation Alert, February 2011
Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2010
Co-Author, "Using Liquidated Damages Clauses in Employment Contracts," D&G Litigation Alert, October 2009
Co-Author, “Arbitration Discovery Has Its Limits,” Law 360, February 18, 2009
Author, "The Protocol for Broker Migration: Have Signatory Firms Effectively Conceded That Certain Client Information is Not Confidential?,” The Metropolitan Corporate Counsel, November 2008
Co-Author, "Is Silence Golden?," New York Law Journal's Litigation section, April 2008
Co-Author, "Communicating With Employees Or Former Employees Of A Represented Party," The Metropolitan Corporate Counsel, August 2007
Author, "Are Consumer Class Action Waiver Provisions Enforceable?," The Banking Law Journal, February 2007
Author, "Ensuring Fair Competition When a Former Employee Has No Restrictive Covenant: Common Law For Employers," The Metropolitan Corporate Counsel, January 2005
PRESS
Quoted, Campaign, "The World: Obama Rules Over False US Ads in the Wild West," by Ann Cooper, October 30, 2009
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York City Bar Association
American Bar Association
Habitat for Humanity of Bergen County, Vice President and Board Member
BAR ADMISSIONS
New York
New Jersey
U.S. District Court, Southern and Eastern District of New York
U.S. District Court, Southern and Eastern District of New Jersey
U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
EDUCATION
New York University School of Law, J.D., 1987
Tufts University, B.A., magna cum laude, 1984
REPRESENTATIVE ENGAGEMENTS
- On behalf of software companies servicing the pharmaceutical and healthcare industries, successfully obtained injunctions barring individuals from soliciting their former employer's clients and employees and using the employer's confidential information.
- Successfully defended one of the nation's largest advertisers in various lawsuits alleging copyright infringement and misappropriation of ideas in connection with advertising and marketing campaigns.
- Obtained a favorable settlement on behalf of a hospital in a trademark infringement action in which the other hospital agreed to change its name.
- Following trial, obtained monetary damages and an injunction barring a competitor from making false statements concerning its products on its website for a new media company.
- Successfully moved to dismiss a complaint in arbitration alleging that a major commercial bank had fraudulently induced the plaintiff to leave a prior job and accept a position with the bank, thereby preventing the need for an arbitration hearing.
- Obtained summary judgment on behalf of a company in a case brought by the former chief financial officer alleging breach of the company's incentive compensation and severance plans.
- Counseled a financial advisory firm on the Protocol for Broker Recruiting, facilitated the client's joinder to the Protocol and successfully used the Protocol to defeat a lawsuit alleging breach of a restrictive covenant agreement.
- Successfully defended numerous employees in lawsuits concerning claims of employment discrimination.
- Successfully defended the owner of a significant commercial building in Manhattan at trial and on appeal in a series of lawsuits by tenants alleging that the owner should have reduced their rent when real estate taxes on the building decreased.
- Represented both landlords and tenants in disputes concerning the determination of fair market rent.
- Defended an internet advertising company in consumer class actions and government enforcement actions alleging deceptive practices in connection with the distribution of advertising software.
- Defended a company that markets consumer products through infomercials in a class action alleging that it sent and charged consumers for products they had not ordered.
- Obtained a jury verdict resulting in a $4 million judgment for a law firm in a breach of contract dispute with a former client and successfully defended this verdict on appeal.
- Obtained a successful arbitration award on behalf of the purchaser of a company.
SPEAKING ENGAGEMENTS
"Protecting Your Mark: Defending Against the Unauthorized Use of Your Brand's Intellectual Property," American Conference Institute’s 3rd Annual Forum on Litigating and Resolving Advertising Disputes, June 19-20, 2012
"Litigating Right of Publicity Claims: From Arenas to Zooey - Recent Attempts to Expand Publicity Rights," Davis & Gilbert Intellectual Property Litigation Breakfast Seminar, April 26, 2012
"Employing Effective Settlement Strategies", American Conference Institute’s Expert Forum on Litigating & Resolving Advertising Disputes, June 15-16, 2010
PUBLICATIONS
Co-Author, "Service of Documents Via Facebook? One Judge "Likes" It," D&G Litigation Alert, April 2013
Co-Author, "Are Restrictive Covenants Enforceable Against Employees Terminated Without Cause?" New York Law Journal, March 25, 2013
Co-Author, "District Court Ruling May Lead to Increased Dodd-Frank Retaliation Suits," D&G Litigation Alert, December 2012
Co-Author, “Ninth Circuit Draws Line On Red Carpet In Determining Consent In Right Of Publicity Cases,” D&G Intellectual Property Litigation Alert, August 2012
Author, "Expert Q&A on Recent Attempts to Expand the Right of Publicity," Practical Law Company, May 2012
Co-Author, "NBA Player's Broad Publicity Rights Claim over a Reality TV Show 'Rejected,'" D&G Litigation Newsletter, Winter 2012
Co-Author, "Ninth Circuit Confirms That Keyword Advertising Can Be Trademark Infringement, But Raises The Bar To Prove Infringement," D&G Intellectual Property Litigation Alert, March 2011
Co-Author, "Government Seizes Websites On Suspicion Of Copyright Infringement," D&G Intellectual Property Litigation Alert, February 2011
Co-Author, "Employment Restrictive Covenants and Other Post-Employment Restrictions," Commercial Litigation in New York State Courts, 2010
Co-Author, "Using Liquidated Damages Clauses in Employment Contracts," D&G Litigation Alert, October 2009
Co-Author, “Arbitration Discovery Has Its Limits,” Law 360, February 18, 2009
Author, "The Protocol for Broker Migration: Have Signatory Firms Effectively Conceded That Certain Client Information is Not Confidential?,” The Metropolitan Corporate Counsel, November 2008
Co-Author, "Is Silence Golden?," New York Law Journal's Litigation section, April 2008
Co-Author, "Communicating With Employees Or Former Employees Of A Represented Party," The Metropolitan Corporate Counsel, August 2007
Author, "Are Consumer Class Action Waiver Provisions Enforceable?," The Banking Law Journal, February 2007
Author, "Ensuring Fair Competition When a Former Employee Has No Restrictive Covenant: Common Law For Employers," The Metropolitan Corporate Counsel, January 2005
PRESS
Quoted, Campaign, "The World: Obama Rules Over False US Ads in the Wild West," by Ann Cooper, October 30, 2009
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York City Bar Association
American Bar Association
Habitat for Humanity of Bergen County, Vice President and Board Member
BAR ADMISSIONS
New York
New Jersey
U.S. District Court, Southern and Eastern District of New York
U.S. District Court, Southern and Eastern District of New Jersey
U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
EDUCATION
New York University School of Law, J.D., 1987
Tufts University, B.A., magna cum laude, 1984
