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 (2013-2022)
  • Northern California Super Lawyers (2011-2018, 2020-2021)

Firm Highlights

News

Katherine Philippakis Named Among the Top Women Lawyers in California by Daily Journal

Farella Braun + Martel is proud to announce the selection of partner Katherine Philippakis to the Daily Journal ’s 2022 list of California’s "Top Women Lawyers." The annual list honors the achievements of leading...

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Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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Publication

Upside: Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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Event

Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments (Webinar)

Join Stephanie Skaff and Erik Olson in the discussion on "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments." Web scraping has existed as long as the World Wide Web has...

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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