Hired by former adversaries, Neil Goteiner develops novel theories in securities, international arbitration, antitrust, intellectual property, consumer Internet, financial fraud, insurance coverage, contract disputes, licensing, and employment claims, often in class actions. Opposing counsel learn quickly that he is hands-on and happy to try cases.
Over the past three years, he: (1) obtained summary judgment in New York federal court, dismissing an NDA/trade secret claim where plaintiff claimed $240 million, and recovered legal fees; (2) won complete dismissal of a $500+ million international arbitration after evidentiary hearing and without his clients testifying; (3) resolved a complicated $400+ million IRS whistleblower claim for less than two percent of the claim and obtained first impression rulings; (4) settled for only $150,000 a $30 million commodities class action brought by a national firm; (5) won a two-and–a-half-year licensing agreement arbitration by limiting to $25,000 a $25 million claim brought by a national firm and by obtaining sanctions of $190,000 for discovery misconduct; (6) settled for $28,000 a $22 million overtime class action; (7) won complete dismissal of a class action against a major medical implant manufacturer; (8) settled a class action consumer fraud claim less than one month after filing, with no relief for plaintiff; (9) won a dismissal of a commodities fraud case after deposing just plaintiffs’ expert, whom Mr. Goteiner designated as his adverse expert, and a post dismissal malicious prosecution settlement; (10) won complete dismissal of a defamation, false light and unfair competition complaint, again with no relief to plaintiff and immediately after deposing only plaintiff, who walked out after four hours of cross-examination; (11) won a fraud arbitration while recovering as sanctions over 60% of his client’s $1+ million in attorneys fees and costs; and (12) successfully settled a federal securities fraud for a NYSE health care company case after substituting in four months before trial and developing a winning theory.
Mr. Goteiner is presently: co-counsel for Hewlett-Packard in consolidated federal and state securities class and derivative actions arising out of the Autonomy acquisition; defending against over $600 million in international arbitration claims; and litigating in the Seventh Circuit the limits of Dodd Frank’s jurisdiction under the Commodities Exchange Act.
While Mr. Goteiner usually is on the defense side in national class actions, he was lead plaintiffs' counsel representing 20,000 customers of a South Florida telemarketing boiler room closed by the CFTC. The CFTC was unable to obtain any damages from the upstream owners. Mr. Goteiner and his team of three attorneys waged an eight-year battle and a six-month trial in federal district court in Miami against seven national law firms. On the eve of jury arguments, defendants paid some $40 million. Defendants unsuccessfully appealed their own settlement. They claimed that Farella’s trial team had "coerced" defendants and their attorneys to settle through innovative class action theories and a stubborn refusal to settle at a lower price.
He is listed in The Best Lawyers in America in the area of Commercial Litigation.