Biography

Hired by former adversaries, Neil Goteiner develops novel successful theories in financial fraud, international arbitration, antitrust, IP, contract disputes, and consumer claims, often in class actions or agency litigation. For example, in 2019 his antitrust class complaint persuaded FINA, the world governing swimming body, to drop an international boycott of Neil's clients, Olympic swimmers, for their participation in events sponsored by FINA’s competitor; the court then denied FINA’s motion to dismiss the complaint for damages and permanent injunction. Shields v. FINA, 2019 WL 6841159, __ F.Supp.3d__ (N.D. Cal. 2019). In addition to developing new law, opposing counsel learn quickly that Neil is happy to try cases and why clients, “hire him for his unique hands-on approach and extensive experience as a trial lawyer and strategist,” as one arbitrator explained in a 2017 $6 million fee award after Farella’s complete defense of a billion dollar financial fraud claim. One client’s GC said after 60+ successful cases and one loss, “hiring him was the best decision I ever made for the company.”

Over the past five years, he has also: (1) obtained summary judgment in New York federal court, dismissing an NDA/trade secret claim seeking $240 million, and recovered legal fees; (2) won complete dismissal of a $750+ million international arbitration and legal fees, 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 both a dismissal of a commodities fraud case after deposing just plaintiffs’ expert, whom Neil designated as his adverse expert, and a post dismissal malicious prosecution settlement; (10) won complete dismissal of a defamation and unfair competition complaint, and follow-up malicious prosecution claim, based on deposing only plaintiff; (11) defensed a fraud arbitration claim while recovering as sanctions $650,000; (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 missed by the prior two national firms; (13) co-defended Hewlett-Packard in consolidated federal and state securities class and derivative actions arising out of the Autonomy acquisition; and (14) prosecuted international antitrust claims.

While Neil usually is on the defense side in national class actions, he was also 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. Neil and his team of three attorneys waged an eight-year battle and a six-month trial in Miami federal district court 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 had "coerced" defendants to pay too much because Farella’s liability theories were too innovative and its trial strategy was too relentless.  

Distinctions

  • The Best Lawyers in America, Commercial Litigation (2013-2020)

Firm Highlights

Publication

Treatment of Commercial Leases in Tenant Bankruptcy - The Basics

As the COVID-19 pandemic continues to wreak havoc with the nation’s economy, we have started to see bankruptcy filings by well-known companies such as GNC, J. Crew, Neiman Marcus, Modell’s, 24 Hour Fitness, Gold’s...

Read More
Publication

7 Tips for Creating a COVID-19 Essential Business Travel Policy

As states are relaxing COVID-19-related restrictions, employers should remain cautious about business travel. California’s public health orders still limit travel to an “urgent matter” or that which is “essential to your permitted work.” Given...

Read More
Publication

Coronavirus (COVID-19) Insights and Resources

The spread of the coronavirus (COVID-19) is causing disruption throughout the US that we have not seen in generations. Governmental entities, academia, and the private sector are working diligently to contain COVID-19 while it...

Read More
News

Farella Braun + Martel Recognized in 2020 Chambers High Net Worth Guide for Private Wealth Law in Northern California

SAN FRANCISCO, July 10, 2020: Farella Braun + Martel’s Private Client Industry Group earned recognition in the 2020 Chambers High Net Worth (HNW) guide as a leading firm in the Private Wealth Law category...

Read More
Event

Reexamining Indirect Discharges and the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund

Sarah Bell will be speaking on this Strafford live webinar, "Reexamining Indirect Discharges and the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund ." This CLE webinar will discuss the...

Read More
News

Community Reinvestment Groups Sue Trump Administration for Unlawfully Gutting Anti-Redlining Rules

Amid COVID-19 Pandemic, OCC’s Rushed Rule Lessens Accountability for Banks, Silences Communities Impacted by Systemic Lending Discrimination National Community Reinvestment Coalition, California Reinvestment Coalition Seek to Halt Unlawful Rule, Protect Vulnerable Communities Federal Reserve...

Read More
Publication

Engineering, Procurement and Construction Agreements for Utility-Scale Battery Projects

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in the negotiation...

Read More
Event

7th Annual Partner Compensation One-Day Workshop

Brian Donnelly is presenting the case study session, "Managing Partner Performance" at Fairfax Associates' 7th Annual Partner Compensation One-Day Workshop. Click here for more information.

Read More
News

Farella Names New White Collar Defense & Internal Corporate Investigations Practice Co-Chairs

SAN FRANCISCO, June 29, 2020: Northern California legal powerhouse Farella Braun + Martel announces that Senior Associates Aviva J. Gilbert and Janice W. Reicher have been appointed co-chairs of its White Collar Defense and...

Read More
Event

PDC 2020 PD Virtual Summer Camp

Sarah Good will be speaking at the Professional Development Consortium's live webinar, "Diversity Sponsorship Law Firm Programs." Details: Sponsorship is critical to the retention and advancement to partnership of associates at law firms. We will...

Read More