Areas of Focus
“The key to litigation success is identifying a client’s objectives, developing credibility with opposing counsel and the court, and being prepared to fight aggressively, all to optimize the likelihood of securing a cost-effective, favorable resolution or court ruling.”
Overview
Neal Klausner, Litigation + Dispute Resolution Group co-chair and general counsel for the firm, represents wide-ranging businesses in court, arbitration and mediation proceedings and before regulatory agencies. Clients rely on Neal to handle their most complex and significant commercial disputes, from cases involving alleged breaches of restrictive covenants, executive compensation agreements, and real estate leases to consumer class actions, disputes arising out of corporate transactions, and other high-stakes litigation.
An experienced trial and appellate attorney, Neal has prevailed in cases throughout the nation. He has won pretrial dismissal of many matters and has also resolved numerous disputes through mediation. Neal is known for his exceptional pre-litigation analysis and risk assessment abilities. He identifies a client’s specific objectives and risk tolerance, and then devises practical solutions and strategies to avoid litigation, if possible, and works toward a resolution that is most beneficial to the client. When litigation is necessary, he helps clients secure desirable court rulings or settlements by identifying, developing and zealously advocating the client’s best arguments. Through forging professional relationships with adversaries, Neal has often persuaded opposing counsel to forgo lawsuits altogether or settle matters favorably for his clients.
Neal has litigated and arbitrated cases in more than 15 states. With extensive experience in restrictive covenant law, he has prevailed for numerous clients, across multiple industries, in disputes concerning the enforcement of post-employment restrictions on competition and misappropriation of confidential information.
He has served as a court-appointed special master for copyright, trademark and other matters. Neal is a trained mediator whom the New York Supreme Court Commercial Division has appointed to serve as the neutral in dozens of complex commercial disputes, and he has helped facilitate many settlements.
Neal is the co-author of “Employment Restrictive Covenants and Other Post-Employment Restrictions” in the highly acclaimed treatise Commercial Litigation in New York Courts. He frequently leads training sessions concerning alternative dispute resolution and attorney-client privilege matters.
Representative Experience
- Represented financial advisors in a lawsuit and arbitration initiated by their former employer, which alleged violations of restrictive covenants related to client solicitation and theft of confidential information. Successfully defeated the motion for a preliminary injunction and resolved the dispute by challenging the enforceability of the restrictive covenants.
- Won a post-trial motion to have a federal district court set aside a jury verdict of a multimillion-dollar finder's fee claim related to the alleged lift out of a team of wealth management professionals. Defeated the plaintiff's appeal and won court costs related to that appeal.
- Defended a staffing company and its founder in a New York Supreme Court action involving restrictive covenant and faithless servant claims. Negotiated a settlement allowing the founder to compete freely with his former employer.
- Defended a former computer programmer against a restrictive covenant lawsuit and arbitration brought by a hedge fund. Defeated the fund's application for a temporary restraining order and preliminary injunction preventing our client from starting a competing company and defeated its application to extend the term of the restrictive covenant. Secured a favorable settlement, permitting our client to operate a competing company.
- Represented an Am Law 100 firm in a malicious prosecution lawsuit. Obtained a complete dismissal of the complaint through a strategic motion and defended the judgment on appeal, resulting in a unanimous affirmation by New York's appellate court.
- Obtained dismissal of a putative class action against a media and home entertainment retailer alleging deceptive practices in connection with marketing and enrollment of customers in its loyalty program.
- Defended a national food distributor in a putative consumer class action challenging the packaging and labeling of one of its products. Achieved a full pre-trial dismissal by establishing that the claims were untimely and insufficiently supported.
Represented a retail tenant in a “baseball” arbitration to determine the rent it would pay during a 10-year extension of the lease. After we presented an expert witness to support our position on the fair market rent, the arbitrator determined that our proposed rent was closest to the arbitrator's determination of the actual fair market rent and should be the rent payable by our client for the duration of the lease.
Insights + Events
- Event New York City Bar Association | Trade Secrets Symposium
December 9, 2024
- Alert FTC Rule to Ban Non-Competes Draws Swift Challenge
May 6, 2024
- Alert California Pushes the Boundaries of Its Ability To Limit Employer Use of Restrictive Covenants Agreements
December 20, 2023
- Alert Welcome to Pennsylvania? U.S. Supreme Court Upholds Consent-to-Jurisdiction-By-Registration Law
July 19, 2023
- Alert What’s the Harm? Second Circuit Requires Proof of Irreparable Harm to Enjoin Restrictive Covenant Violations
April 11, 2023
- Press Mention PRWeek | What a Ban on Non-competes Would Mean for the PR Industry
January 25, 2023
- Alert For Compete’s Sake! Delaware Court Declines to Enforce Sale-of-Business Restrictive Covenants
December 15, 2022
- Alert Washington, D.C. Rolls Back Proposed Ban on Non-Compete Agreements
September 14, 2022
- Alert Colorado Limits Employer Use of Restrictive Covenants
July 21, 2022
- Publication PR News | Protecting Your Firm’s Exposure to Statements of Fact vs. Opinion
February 2, 2022
- View More
Credentials
Education
- New York University School of Law (J.D., 1987)
- Managing Editor, New York University Law Review
- Tufts University (B.A., magna cum laude, 1984)
Clerkship
Distinctions
- The New York County Lawyers Association “The Boris Kostelanetz President’s Medal” 2013
- New York Metro Super Lawyers® 2007-2024, Business Litigation
- New York Metro Super Lawyers® “Top 100” 2011-2016
Bar Admissions
- New York
- New Jersey
Court Admissions
- U.S. District CourtSouthern District of New York
- U.S. District CourtEastern District of New York
- U.S. District CourtDistrict of New Jersey
- U.S. Court of AppealsSecond Circuit
- U.S. Supreme Court
Associations
Member, Davis+Gilbert Technology Committee
Member, Davis+Gilbert Pro Bono Committee
Member, Davis+Gilbert Health Insurance Plans Committee
Member, New York City Bar Association
– Member, Trade Secrets Committee
Member, American Bar Association
Fellow, American Bar Foundation