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 (2013-2021)
  • Northern California Super Lawyers (2011-2018, 2020)

Firm Highlights

News

Kelly Matayoshi Appointed to San Francisco Superior Court Elimination of Bias Committee

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News

How I Made Partner: 'I Started Bringing in Cases That Generated Work for Me and for Others at the Firm,' Says Winston Liaw of Farella Braun + Martel

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Event

Natural Resource Damages Conference

Sarah Bell is a program co-chair of Law Seminars International's 14th Annual Advanced Conference on Litigating Natural Resource Damages Santa Fe.   Sarah and James Colopy are speakers at the August 12 session "Sources of...

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Event

Fire Season Preparedness: What Wineries Should Do Now

Join Quinn Arntsen and MaryJo Lopez with guest speaker Christopher Thompson of Napa Communities Firewise Foundation in the discussion on "Fire Season Preparedness: What Wineries Should Do Now." California is at the start of...

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Publication

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa ., the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although...

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Publication

New Statewide Winery Order: What Wineries Need to Know

Buzz Hines and John Ugai, along with guest speakers, Timothy Simpson and Mehran Ebrahimi from GSI Environmental Inc, discuss "New Statewide Winery Order: What Wineries Need to Know." The new statewide General Waste Discharge...

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News

Newsom Signs Executive Order Nixing Workplace Masks for Vaccinated Employees

Rebecca Stephens commented in The Recorder article,  " Newsom Signs Executive Order Nixing Workplace Masks for Vaccinated Employees."  In the article, Rebecca said, “These new guidelines come as a relief for many employers since a prior...

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News

Farella Braun + Martel Ranked in Legal 500 United States 2021

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Publication

Eviction Moratoriums and Commercial Leasing: Current Issues

Farella's Tony Schoenberg and Jonah Trotz with guest speakers Marsha Ramsey and Margaret Duskin of Cushman & Wakefield discuss "Eviction Moratoriums and Commercial Leasing: Current Issues." The pandemic has had wide ranging impacts on...

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Publication

Cyber Insurance for the Cannabis Industry

Farella's Shanti Eagle (moderator), Nate Garhart and Tyler Gerking, along with guest speakers Javier Gonzalez and Michael Peters from PL Risk Advisors, discuss "Cyber Insurance for the Cannabis Industry." Cannabis businesses have cyber security...

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