Neal Klausner of Davis & Gilbert LLP

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Mr. Klausner represents businesses in federal and state courts, as well as in arbitration and mediation and before federal and state regulatory agencies, and has handled cases in more than 15 states. In addition to obtaining dismissals and favorable settlements in numerous matters 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. Mr. Klausner is a trained mediator, and the New York Supreme Court has appointed him to facilitate the resolution of numerous complex business 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 has been selected as a Super Lawyer by New York Metro Super Lawyers from 2007-2018 (Top 100 in 2011-2016). In 2013, he 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.”

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.

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When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?

A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings; instead, the protection is in the particular photograph or rendering of the building. Creating an original depiction of a building or skyline that is not substantially similar to the photograph … Continue Reading